Car Hit My Motorbike - Third Party Saying Driver Not Involved or At Scene

Ocean79

I'll try keep this relatively brief.

Early Sept a car reversed into me on my motorbike, right outside my front door. Basically going down my residential street I was met with a stationery car blocking the road. This car was directly next to a car parked by the kerb, and the two drivers are chatting through their windows. Little way round the stationary engine on car as it's a small residential street so I waited patiently for the driver to move on. Only instead of moving forward he reversed right into me. Driver admitted fault saying they didn't see me (if he'd checked his mirror he would!). I'm a big lad so managed to keep the bike upright but the front end is mashed. A bone shaker of a collision but came away unscathed.

To cut a long and tedious story short, six weeks later with my bike having been at an accident management company waiting response from third party insurance before they repair, today the claim handler my end has said the third party insurers have said the driver claims no incident took place that involved him and that he wasn't at the scene of any incident. My claim handler has asked what evidence I have otherwise its "my word against his" and upto me to prove accident and liability rather than him to prove he was sat at home watching TV. To be honest affable as he has been, the claim handler hasn't inspired confidence in the system.

Seemingly unbeknown to the driver I took photos of both my and his vehicle at the scene. I'd half forgotten them, expecting to never need to look at them again (driver having admitted fault at scene and in telephone conversation next day offering to pay for damages whatever cost rather than go through insurance). Obviously now his story has changed (I'd heard of certain particulars changing following an accident but never denying having no knowledge of an incident!).

Looked at photo tonight and it couldn't be any more clear cut - the car, it's reg clearly on slow, the street easily identifiable. You can even see my bike reflection in his car, clear as day. Additionally I made use of the phone call record function whenever we spoke - listened back tonight for first time and driver repeatedly admits fault and tells me he will pay for bike to be collected and pay for damages. Reading up this can't be used in court as evidence given I didn't tell him I was recording the call - claim handler has asked if I can send it along with photos though.

Is there anything else I can do? I only had the bike ten days on a new 66 plate before this lying idiot decided to ruin my day! I'm a patient guy but this happening has had me pretty furious!

rudekid48

If you'd given them the photos in the first place you wouldn't have this issue....

dacouch

It's unlikely to end up in court, however there's a good chance a court would accept a transcript of the call as evidence.

OnanTheBarbarian

rudekid48 wrote: »

If you'd given them the photos in the first place you wouldn't have this issue....

To be honest, what has happened is probably the best solution as if the photos had been sent fro the start, the other weasel would probably have just alleged the OP had simply ridden into a collision with his stationary car.

Now the third party has claimed he was not there etc and the OP can come in with the images and the call recording and possible transcript, the third party has lost any credibility points and if his insurers have any common sense (don't hold your breath) they will realise they are going to get a good hiding in the long run and should agree to deal with the claim.

rudekid48

Fair point, hadn't looked at it that way. Just seems odd not to tell your claims handler that you've got additional evidence...

Ocean79

OnanTheBarbarian wrote: »

To be honest, what has happened is probably the best solution as if the photos had been sent fro the start, the other weasel would probably have just alleged the OP had simply ridden into a collision with his stationary car.

Now the third party has claimed he was not there etc and the OP can come in with the images and the call recording and possible transcript, the third party has lost any credibility points and if his insurers have any common sense (don't hold your breath) they will realise they are going to get a good hiding in the long run and should agree to deal with the claim.

rudekid48 wrote: »

Fair point, hadn't looked at it that way. Just seems odd not to tell your claims handler that you've got additional evidence...

When I learned the third party's denial yesterday, remembering the pictures I had thought myself that he'd shot himself in the foot denying even being there. And that I'd have a harder case to prove if he alleged I had caused the incident instead.


There are bits of the story that I've missed out so as to keep it relatively brief, but basically the guy has proved himself to be a serial liar. In this instance hopefully he's been given enough rope to hang himself with.


With regard to not submitting the pictures before, I had no reason to. For the six weeks following the bike going in and my submitting the written statement I've been waiting for an initial response from the third parties insurance, which only came yesterday. Additionally not long after the collision I dropped the phone - with the LCD of the phone now all messed up it made finding the photos and audio on the phone and copying it across difficult and time consuming. In the last 24 hours I had reason to.


Cheers fellas. I'll update when I hear anything.

datcouch wrote: »

It's unlikely to end up in court, however there's a good chance a court would accept a transcript of the call as evidence.

Great. I just want my bike back asap so hopefully it won't need to go to court.

dacouch

OnanTheBarbarian wrote: »

To be honest, what has happened is probably the best solution as if the photos had been sent fro the start, the other weasel would probably have just alleged the OP had simply ridden into a collision with his stationary car.

Now the third party has claimed he was not there etc and the OP can come in with the images and the call recording and possible transcript, the third party has lost any credibility points and if his insurers have any common sense (don't hold your breath) they will realise they are going to get a good hiding in the long run and should agree to deal with the claim.

It's a good example of what everyone in the industry already knows, people will say one thing at the scene of the accident. But at a later date, many will completely change their story

OnanTheBarbarian

dacouch wrote: »

It's a good example of what everyone in the industry already knows, people will say one thing at the scene of the accident. But at a later date, many will completely change their story

Indeed. This is what I spend my day doing. Either finding out my client has been lying to me or the other party has been lying to their insurers.

For some reason, the human race largely seems incapable of being held accountable for their mistakes any more.

Ocean79

dacouch wrote: »

It's a good example of what everyone in the industry already knows, people will say one thing at the scene of the accident. But at a later date, many will completely change their story

OnanTheBarbarian wrote: »

Indeed. This is what I spend my day doing. Either finding out my client has been lying to me or the other party has been lying to their insurers.

For some reason, the human race largely seems incapable of being held accountable for their mistakes any more.

No. It's a real shame that people will try to cheat others at every turn for financial gain.


I run into the back of someone years ago (low speed - I misread things) and natural accepted full responsibility straight away, to both the driver and my insurer. Later it a claim for injuries came in for both the driver and four fictional passengers (we had both pulled over and spoke for five minutes and checked out each others vehicles, and there were no passengers). Obviously the fictional passengers were all witness to each other being there!

teddysmum

There are still some honourable people, thank goodness.


A lady ran into the back of me (I was stationary at a roundabout; no witnesses) and admitted responsibility. She gave me her contact details (she didn't know her insurers) but didn't want mine, so my husband (as I was shaken up,) went to see her.


While they were talking, her family and friends emerged from their homes and started conversing among themselves.My husband didn't understand what they were saying , so felt insecure and left.


We both feared that things would not turn out well, but the lady was very honest, rang her insurers, accepted responsibility and they contacted me, offering to take action. They made a good offer on my car the next day.

Ocean79

Okay this is how the situation is now.


The third party have offered to pay for the repairs to the vehicle on a without prejudice basis. They understand that I have both photos of the scene and voice recordings whereby he repeatedly offered to in his words "make amends" and pay for damages to my bike. This is however conditional on my accepting with written confirmation that I haven't made any claims for damages, nor will I in future. If I don't accept this however, third party will dispute my version of events, claim that I hit his vehicle and use the friend as a witness to say that I did, and then put in a counter claim for damages to his vehicle (there were none) and personal injury.


I hadn't spoken to anyone about personal injury (despite it being pushed on me repeatedly by insurer etc), but I had thought of doing so. In terms of impact I've had to have time off work since the accident, which I was very reluctant to do, due to pain/headaches. The day after the incident I actually had to excuse myself from a meeting at work due to headache/upper body pain. I went straight from work to the NHS walk in centre as a precautionary measure (I'd been Googling all sorts of stuff and coming up with all results of brain injury etc following crash - easy to be paranoid when you're in significant pain following an accident). Saw doctor who said to take it easy, carry on taking pain meds, refrain from exercise till symptoms have well subsided (looking at me it's very obvious that I'm someone who works out). Impact socially is that I had to cancel events that I was due to attend in the weeks following accident due to physical pain headache - a family members 30th birthday party, a celebratory meal out with my partner for her new job ended prematurely as I had to go home with headache. Never had these headaches before - my own GP has advised to keep taking painkillers and additionally prescribed Propranolol for them to use "as and when". And I've not risked working out in the two months since (for the last 15 years there have probably been a handful of days each year when I haven't been gym).


I don't know what to do. I know I don't like being 'bullied' in this way - I'm half tempted to give the third party that what they least want (make claim on his insurance) on this basis.