3rd party lied about damage in contested fault claim

Pithaggy

Astronaughtwannabe - the damage was demonstrably NOT caused by the wing mirror. I would not be having this conversation if there was any doubt about that at all.

So what are the other avenues?

AdrianC

Pithaggy wrote: »

Darth and Adrian - what about the concept of 'agreeing to disagree' or has it become a question of ‘winning’.

Look, it's simple.

There are two issues here :-
* Liability for the impact.
* Damage arising from the impact.

The first is, unfortunately for you, clear cut unless you can produce far better evidence than you've done here.
The second is not your problem. It is between your insurer and the other driver and/or their insurer.

Astronaughtwannabe

The short version is that if its dishonest, with a view to gain or cause loss then it might be fraud. There also other variations of criminal law that may apply.

Now your problem is that the IFB won't be in the slightest bit interested, and neither I would bet, would the police.

You could complain to your insurer or take it to the Ombudsman. You could even make a claim in the small claims court.

What would be your first choice?

Astronaughtwannabe

Maybe obtain an expert's report and Perdue the matter through small claims?

Pithaggy

Astronaughtwannabe - already have an expert on hand.

I think the Ombudsman is the best route. Neither insurer took the time to examine the photos. That is abundantly clear. As you said, they would normally not be bothered, but it's such an obvious case of abandonment of due care, that I'm going to see how far I can take it.

I so wish I could post the photos. Everyone would be astonished.

AdrianC

Pithaggy wrote: »

I so wish I could post the photos. Everyone would be astonished.

You can. Upload them to Photobucket or Dropbox or Flickr or similar, and link here. I _think_ you have to have ten posts before linking, but if it's an issue, send a link by PM to somebody here, or I'll PM you an email address and send me the link that way.

Pithaggy

It's not the physical ability that stops me. I would already have displayed them, for obvious reasons.

It's the fact that I'm probably breaking all sorts of confidentiality rules if I do.

If I am to take this further, any adjudicator would take a dim view of a 'trial by internet forum' and the photos are such that the claim could easily be identified, even with the plates blanked.

You will probably see them in 10 years on a 'guess what these people claimed happened' blog.

Astronaughtwannabe

To be fair (or not) it's probably not that the insurers haven't looked, more that they probably didn't understand.

Insurers hate the quangos and deem them biased so maybe that's a good route! ;-)

Pithaggy

I agree about the 'haven't' looked' and 'didn't understand', but I would also add 'can't be bothered'.

It's the latter that is one of the things that annoys me about the whole affair.

I'll update with the reply from the 'engineering' section of my insurers. Why do I think they will agree with the damage claim? As it's a different department, I suspect I will have to point out the obvious to a whole new bunch of people.

Oh joy!

verityboo

Deja Vu, even claim the other car was driving too fast as well (The same place I wonder)

https://forums.moneysavingexpert.com/discussion/5145809