Car Accident Liability

Ali-OK

I was involved in a minor accident with one other vehicle about 8 weeks ago. Car infront of me rolled backwards downhill into mine, whilst I was stationary in queue at traffic lights.

Fairly straight forward one would think. Other party acknowledged accident, but claimed no damage and drove off. I took reg details, reported to police and insurance and had damage (albeit minor but expensive) repaired via them.

Now my insurers have received their response to the claim, saying that I went into the back of the other car. I'm at a loss here how I now prove they went into me.

There were at least 2 independant witnesses who's details I didn't get due to traffic moving again by time I got pen and paper out. Should I place an ad in a local paper trying to trace the potential witnesses to help? Would the accident assessor at the repairers have noted whether the damage was consistent with my claim?

I'm flabbergasted at the dishonesty of the third party and any ideas how I prove they are liable would be much appreciated.

knowledgeman

Ali-OK wrote: »

I was involved in a minor accident with one other vehicle about 8 weeks ago. Car infront of me rolled backwards downhill into mine, whilst I was stationary in queue at traffic lights.

Fairly straight forward one would think. Other party acknowledged accident, but claimed no damage and drove off. I took reg details, reported to police and insurance and had damage (albeit minor but expensive) repaired via them.

Now my insurers have received their response to the claim, saying that I went into the back of the other car. I'm at a loss here how I now prove they went into me.

There were at least 2 independant witnesses who's details I didn't get due to traffic moving again by time I got pen and paper out. Should I place an ad in a local paper trying to trace the potential witnesses to help? Would the accident assessor at the repairers have noted whether the damage was consistent with my claim?

I'm flabbergasted at the dishonesty of the third party and any ideas how I prove they are liable would be much appreciated.

You can try and locate the witnesses but unless they come forward all you can do is put your claim forward and your side and tbh id imagine the insurance companies will agree on a 50-50 blame given a costly court battle still wouldnt prove anything without the witnesses

mattymoo

How did the other person acknowledge the accident.
Did they say anything you can recall like "sorry, foot slipped off brake" or "forgot to put handbrake on".

If you can give a detailed account to your insurers they will put it to the other insurer who in turn will confront their client with it. If he is determined to lie it won't make a lot of difference but some people come clean when faced with the accusation.

Ali-OK

mattymoo wrote: »

How did the other person acknowledge the accident.
Did they say anything you can recall like "sorry, foot slipped off brake" or "forgot to put handbrake on".

If you can give a detailed account to your insurers they will put it to the other insurer who in turn will confront their client with it. If he is determined to lie it won't make a lot of difference but some people come clean when faced with the accusation.

Unfortunately not. There are so many completely opposing statements it's quite unbelievable. They claim I agreed that there was no damage to either vehicle! They made one comment that doesn't help apportion blame, glanced at the back of their car, returned to their vehicle and drove off.

I'm advised by the insurers to re-write what I wrote on the original form.

Knowledgeman - yep I think you maybe right, unless I can find any of the independant witnesses I have no hope of proving liability.

lindsaygalaxy

I was involved in a car accident in london where a guy ran a red light and drove into me, writing of my car.

That was in february. He is still denying liability saying his light was amber, even though mine was green, i have an independent witness and a police report with him saying he sped up to try run the light!

My insurance company inform me i it goes to court, i could still lose! I will never use Tesco again. I have now gone from a 2 year old car, to a 10 year old one as I can no longer get HP, and tesco still have £550 of my excess.

mattymoo

Lindsaygalaxy - that is bad. Indy witness and police on your side should be conclusive proof.
If the police prosecuted the other person that would be even better. To convict they need to prove "beyond reasonable doubt" (>80% in number terms). For your claim, you need to prove he was negligent on the "balance of probabilities" - 51% or greater.

Ali-OK

What a nightmare Lindsaygalaxy. I thought independant witnesses and police would make things quite clear.

I'm drafting an ad for the local paper and crossing fingers a witness will come forward. Though from your experience, it sounds as if I shouldn't raise my hopes even if they do.