Rear-ended by another driver - they are disputing the claim

jsj25

Evening everyone,

About three months ago my vehicle was involved in an incident. My named driver was sitting in stationary traffic at the exit of a roundabout when another car rear ended my vehicle, presumably after it moved off too early. :wall:

There was only minor surface-level damage to my car but all the same we wanted it fixed. At first the other driver disputed that there was any damage to my vehicle, despite us having photographic evidence. We notified her by text that we would be pursuing an insurance claim, though were open to settling privately, but she didn't respond (twice) and refused to accept calls. So we went through my insurance and raised a claim. A month later we got an angry call from the other driver, furious that we'd told the insurers as her premiums would go up, and she offered to settle privately so long as we withdrew the claim. But by that stage we'd already arranged for the car to be fixed, so we told her to jog on and got the insurers to repair it.

Today I got a call from my insurers saying that the third party's insurers were disputing the claim, as the other driver was claiming that my named driver rolled into her. I was dumbstruck that she had the audacity to lie as blatantly as that, but all the same my insurers started asking me for proof that would support my claim, not because they didn't believe us but rather because, in cases of one word being taken against another, claims are usually settled 50-50.

Naturally I'm pretty furious that there's even a chance of having to take 50% blame for something she was entirely at fault for. As far as evidence goes, I've submitted screenshots from Google street view which shows that the section of road where the incident took place is completely flat. I've asked them to take a look at CCTV, but they've said that CCTV usually gets wiped after four weeks and is unlikely to still be available for review. However, what I have sent them is elevation data from Google for the relevant piece of road, which shows 0 incline. I've also sent screenshots of texts sent to the other driver making reference to her bumping into us (not the other way round) - these are the texts she ignored, but equally didn't refute (if we rolled into her, surely she'd have refuted them?). I've also sent screenshots of the multiple calls she ignored, asking why she was so keen to ignore them (and avoid telling her insurers) if we were the ones at fault.

Anyway, my question for you lovely people is, is the evidence I've provided above likely enough to dismiss her counter-claim? I always believed that, in almost any scenario, the driver who rear-ends you is almost always at fault. If there's any doubting that, surely the fact that the road is completely flat will totally dismiss her claim - unless of course they're trying to suggest that my named driver put the car into reverse whilst trying to exit a roundabout? Anyone with any experience of this kind of situation?

Quentin

Always difficult when both drivers tell different stories with no witness,

Let the insurers resolve this - make sure that you tell them everything you have told us!

jsj25

I have! Sent them about twice as much as I've written on here. :eek:

At what stage does common sense have to take over, though? Reversed back into a busy roundabout? Seriously? Can people really just get off lightly from claims like this by disputing facts which fly in the face of common sense?

Quentin

Prepare for 50/50.

If it comes to that then you will still be able to get 50% of all your uninsured losses reimbursed by the third party insurer

Housebuy12345

Calm down.

Let the insurance company sort it out.

You should always report accidents to the insurance company and let them sort it out. (Ok I say that in jest).

Do you have no claims bonus protection?

jsj25

It was my mum driving so I think if anyone's NCB would be affected it would be hers, but I believe both of ours are protected so it could be worse. It's the principle more than anything that's got me riled, though, that someone could lie so plainly. Lesson learned either way.

Quentin

You say the driver was a named driver

In that case she was covered by the insurer of the car

The policyholder's NCD will take the hit if it ends up anything other than 100% the other drivers liability.

If protected, then see what the policy wording says happens to NCD following one claim

jsj25

If my NCD does end up taking a hit for this (and it won't be without a fight), where does that leave me with my new insurers?

This incident took place about a week before my policy with Direct Line finished. I'd already taken out a new policy with Admiral but obviously it hadn't started yet. DL are obviously the ones dealing with the claim, but naturally I notified Admiral immediately so that they were fully aware, and IIRC it barely affected my policy price at all. Obviously that was on the basis of the incident being totally non-fault. If that changes, I'm assuming I'll need to notify them, but can they retrospectively up my premiums for this year?

lopsyfa

This is one of the reason why it is always good to notify your insurer immediately after an incident. If you had done that and the other party disputed as in this case, you will still have some chance of getting CCTV evidence. I think most likely will be 50:50.

Your new insurer will likely recalculate your premium since the incident happened before you start with them. Make sure you inform them again if the "faultiness" of the claim changes.

jsj25

Notified Direct Line and Admiral more or less straightaway, but from the sounds of my conversation with them yesterday I don't think DL made any effort to obtain any CCTV footage. Understandably so, I suppose, given that it was such a clear-cut case, or so I thought.

Incidentally, my mum was also covered to drive my car under her own insurance. DL were the ones who arranged for the repairs, though. As this is the case, if it does wind up 50/50, I'm guessing it'll have to count as a hit against my policy rather than hers?

Anyone have any experience of a positive outcome in a situation like this? Looking for a tiny bit of hope here.

Quentin

Assuming you mean your mum has driving other cars cover, then that doesn't apply here.

As #7 above

(Had she not been a named driver on your policy and was using her DOC cover then she would have ended up paying for 50% of your repairs if it does end up as a 50/50!)