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How can the third party still deny liability?

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Comments

  • Weighty1
    Weighty1 Posts: 1,235 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Like Shaggy sang......"Wasn't me!"

    Denying liability is easy. It's your job to provide the burden of proof
  • Paddy79
    Paddy79 Posts: 23 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Surely an independent witness trumps cctv?

    I am asking my insurers to claim on his, as with the number plate & witness, I naively though it would be straight forward, again I know for future reference.

    I have been given his name by the police as I also reported it, they are not perusing as on private land, but the police man said that the taxi driver said he tried to find someone to tell (plenty of people in car park, plus massive "reception" sign!)
  • You can't rely on your insurers to chase this up if you are not making a claim for the damage on your own policy. They are either not interested or will be very slow

    Either you need to get a written statement from the independent witness which has a "statement of truth" paragraph at the end saying "I Mrs Miggins confirm the contents of this statement are true to the best of my belief" and then they sign & date it. Then present this witness statement and a copy of the dash cam footage to the third party insurers, or you get a claims management company onto this.

    You will also need to get an estimate for the repair costs if you have not already done this.
  • Paddy79
    Paddy79 Posts: 23 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Onan- this has all been done. My car has been fixed, my witness had given her statement in.

    When the repairers rang to book my car in, I asked them "I don't have to pay anything, is it all sorted" she replied " no you don't, it's sorted" so imagine my surprise when I got my car back last week they asked for my excess payment, which I have refused to pay at the moment due to the my insurance company going on a wild goose chase with the wrong reg, dispite me giving them the correct one, them asking about the cctv & my employer saying yes we'll give it you, send me a sae & they never did.

    Obviously i have been doing some investigating since I've been given his name by the police, it would be very unwise for me to approach him off the back of this, wouldn't it?!
  • Quentin
    Quentin Posts: 40,405 Forumite
    Your excess isn't covered by your insurance - it's an uninsured item which you will have to pursue the third party for yourself


    It isn't the garages issue - most would not release the car till you had paid the excess!
  • Zorillo
    Zorillo Posts: 774 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    You're going about this in the wrong way Paddy. Your excess is your own responsibility until you have an admission of liability from the other side, and as for expecting your insurer to send a self addressed envelope, words fail me.
  • Paddy79
    Paddy79 Posts: 23 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    My employers asked for the sae from my insurers not me. I managed to get the cctv to them 24 hours after them saying that they failed to get it.

    I just feel so dishearted, this idiot drives into my car, yet I get all the flack :-(
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