Advice regarding car accident.

Aretnap

annie12 wrote: »

Thanks. But, what I don't understand is why he can say it wasn't his fault when we have a witness who corroborates what we have said?

He's still entitled to put across his own side of the story and argue his own case, even if he's mistaken. Maybe he really does think his light was green. Or maybe it really was green and both you and the witness are mistaken (unlikely I realise, but not impossible). If you can't agree on the facts between yourselves ultimately it's for a court to judge and if there's an independent witness who supports your version of events it's very likely that the court will eventually find in your favour - but these things do take time.

The third party's insurers do have the right to settle the claim without his permission, and ultimately if they think his case is hopeless they may well do so rather than let legal costs rack up. However settling against their customer's wishes makes for dissatisfied customers and bad publicity (we see plenty of threads where the boot is on the other foot and someone is angry that his insurers want to pay out or settle 50/50 even though he insists that he did nothing wrong) so they will probably try gentle persuasion with him first - which also takes time.

annie12

DUTR wrote: »

Well it sounds like your complaint will be upheld, the 3rd party has a lot to defend and plenty to lose (so you can see why (in his shoes) he is trying to hope it was just all a bad dream.

Aretnap wrote: »

He's still entitled to put across his own side of the story and argue his own case, even if he's mistaken. Maybe he really does think his light was green. Or maybe it really was green and both you and the witness are mistaken (unlikely I realise, but not impossible). If you can't agree on the facts between yourselves ultimately it's for a court to judge and if there's an independent witness who supports your version of events it's very likely that the court will eventually find in your favour - but these things do take time.

The third party's insurers do have the right to settle the claim without his permission, and ultimately if they think his case is hopeless they may well do so rather than let legal costs rack up. However settling against their customer's wishes makes for dissatisfied customers and bad publicity (we see plenty of threads where the boot is on the other foot and someone is angry that his insurers want to pay out or settle 50/50 even though he insists that he did nothing wrong) so they will probably try gentle persuasion with him first - which also takes time.

The police told me what had happened (he mistook the green filter for his light). So, because of that I really didn't expect a problem. They breathalysed him and told me that he had no alcohol in his system.

I had an accident years ago that was my fault, I didn't admit anything but my insurance company told me very quickly that I was at fault and that was the end of it! He just seems to be being treated very differently.

tberry6686

What has the other party told his insurance company ? I'll bet he has not mentioned jumping a red light.

annie12

tberry6686 wrote: »

What has the other party told his insurance company ? I'll bet he has not mentioned jumping a red light.

I don't know what he has told them but the police have all his details.

tberry6686

I will guarantee that he has told his insurers a pile of cack and that is why they are not accepting fault. I would be pressing your insurers to start court proceedings now rather than let this drag on for months.

arcon5

Did you police give you anything that could help?

annie12

tberry6686 wrote: »

I will guarantee that he has told his insurers a pile of cack and that is why they are not accepting fault. I would be pressing your insurers to start court proceedings now rather than let this drag on for months.

I think you're right.

arcon5 wrote: »

Did you police give you anything that could help?

Such as?

AdrianC

annie12 wrote: »

Such as?

Such as an incident report.

But, of course, all that'll do is confirm the time/plate/people involved, and maybe any witness statements.

annie12

AdrianC wrote: »

Such as an incident report.

But, of course, all that'll do is confirm the time/plate/people involved, and maybe any witness statements.

We got the pc's details etc, but I don't think they'd give me anything as obviously, they weren't there when it happened.
I would like to know if he got a fine as there are cameras at the lights to catch people going through on red.

DUTR

annie12 wrote: »

We got the pc's details etc, but I don't think they'd give me anything as obviously, they weren't there when it happened.
I would like to know if he got a fine as there are cameras at the lights to catch people going through on red.

They won't really, they are there to police and report to the cps via the sargeant.
I have seen post here when 3rd party's insurer try hard to defend the claim until a court date is arranged then they settle out of court.
(not saying that will happen in your case, but keep an open mind).