car accident 3rd party denying liability

stuartves

I had a car accident on the 9th Dec. Whilst taking two friends to work on this morning I turned of the A417 onto a country road. I travelled about 200 metres up this road and noticed a vehicle coming down the hill in the opposite direction. I drove off the road out out of courtesy as it is fairly narrow at this point to give the on coming driver all the road to pass. As the 3rd party driver approached they applied their breaks and went into a skid and collided with the front o/s of my car with the rear o/s of theirs as it was travelling practically sideways after it lost control. The female driver of the other vehicle came running over to my car and said "I am so sorry, I couldn't stop". She was clearly distressed and had two small children on board her vehicle. I had to force my drivers door open to get out and the road was like an ice rink. I was in shock but gave her all the reassurance and understanding. We exchanged numbers and insurance details and as she had a child who wouldn't stay in the car, she then drove off and went on her way. I limped my car about a mile further down the road to my friends work place and called my insurance to arrange recovery. My insurance is Churchill and the 3rd party is LV. I have now been informed by my insurance that she is denying liability and has not claimed she lost control at all. As it is a country road with no white lines she is claiming knock for knock. I am contesting this and am prepared to go to court.My insurance are now in discussion with hers. I couldn't believe why she should be so dishonest. I would like to know whether the impact damage of both vehicles would be taken into consideration (how can 2 cars meeting head on crash front end one and rear side on another?) and whether I have a case considering it being a country lane with no witnesses other than the passengers in my vehicle. For her poor driving I have to pay my excess for repairs, loss of no claims and a whip lash injury that has got worse over the last few days. Please advise. I was stationary when she impacted me.I would like to add that one of my passengers on board was a local female vicar who I was taking to the christian healing centre. She has said she would testify in my favour if needed, but would that benefit me in anyway, as it was my passenger?

Quentin

Accepting liability at the scene counts for nothing.

You need independent witnesses.

If this does end up split liability you will still be able to claim your share of your uninsured losses off the third party.

Eg if it ends up 50/50 you will get 50% of any injury compensation plus 50% of your excess etc

Hoof_Hearted

Some people are just dishonest. What a world we live in! I can imagine how angry you must be. Perhaps a dash cam is a good idea....

ladymarmalade

We had a similar case once. We were passing parked cars on a wide road. One was parked illegally and opened his door as we were passing. He claimed it was my husbands fault but the pixtures and impact on the car clearly showed he opens the door on our boot...after sight of vision had passed his car. He just didn't look before opening his car. For two years it went on as 50/50 and we. Had to put that on our new insurance then eventually down to the evidence it went through as all his fault and lo and behold this years insurance is a good couple of hundred pounds cheaper!!! Shame we can't claim for the two years of over the odds premiums we had to pay!!!

Hope t all works out x

arcon5

Phone her, ask he exactly why. Usually people are more inclined to lie to an insurer than the victim.

OnanTheBarbarian

Welcome to modern Britain (where nobody is capable of holding their hands up and accepting they screwed up) - Dash Camera should be your next investment.

Personally, although you have no independent witnesses, I would run this to court with no hesitation. Particularly with your star witness whereby credibility counts for everything.

Your story is sound as far as the areas of damage are concerned (so long as she does not allege the damage starts to the rear driver side of her car as she was swerving it off the road out of the way of the oncoming mad man who would not stop)

Credibility wins the day. Those that lie at court usually tie themselves up in knots and get crucified under cross examination.

Your insurers will want to try & carve this up 50/50 so exert yourself on them as far as not compromising your position is concerned.

OnanTheBarbarian

I assume you didn't take any pics at the scene?

Marktheshark

OnanTheBarbarian wrote: »

I assume you didn't take any pics at the scene?

People dont ? which baffles me, they feel akward, like they are doing something wrong, not acting like one of the boys, not trusting the other people.
Everyone has a camera phone these days, have a bump, photograph it as wide and clear as possible, then as much detail as required before you move any cars.
Let the people stuck, be stuck until you are complete.

stuartves

Firstly. Thank you for all the responses to my thread. With hindsight I would have taken photographs at the scene and even called the police, but I was more concerned for the welfare of her children and my passengers and as it was on a country road and her car was still in the road, I was worried that someone else may come along like her and lose control. I did take photographs of my own car before it was recovered, but not of the 3rd party vehicle. I know it sounds extreme and bizarre but I would even be prepared to suggest to the insurance companies that I am happy to subject myself and the 3rd party to a lie detector test. I know these tests are expensive so I would suggest the one who was found lying would pay for the test as well as getting an honest rightful outcome. If I hadn't pulled off the road prior to her losing control, the accident would have been a lot more serious to myself and her children in the rear of her car. She should be thanking me, not stitching me up.

19lottie82

arcon5 wrote: »

Phone her, ask he exactly why. Usually people are more inclined to lie to an insurer than the victim.

No no no and no again. Please don't do this, it's a terrible idea and could be seen as harassment. Keep out of it, let the insurance companies fight IT out. Chances are it was her insurance company that told her to deny liability this rage, they usually do.

force_ten

what makes you think it is the other party that is stitching you up

Insurance companies always say never admit liability at the scene of the accident as they will work with the other insurance company to determine liability, your accident on a narrow road with no white lines looks like a classic situation where insurers will try for a split liability

I have a very low opinion of LV as an insurer and would not insure a push bike with them

but i would say it is the insurer that is pushing for a 50/50 split claim rather than the third party