Other driver deny responsibility for accident

MaebyJade

Hi,

My partner was involved in car accident were the other driver was going down the wrong on a one way road. It wasnt a major accident, the other car (a taxi) scrapped down the whole side of back of the car. Unfortunately there were mo witness around but my partner did get out and film the damage and the taxi clearly facing in the wrong direction. According to the insurance company the taxi driver has denied any fault.

What happens next? Due to lack of witnesses and no footage, will the claim be 50/50 or will the insurance company investigate and then decide who's at fault? Thanks

FutureGirl

They can only investigate by looking for evidence - You've said there is no evidence.

They will ask the other insurers what their version of events are, and what yours are, and look at whatever evidence is available and make their liability decision from there.

lisyloo

Was it a narrow road without room to turn around?
If they couldn’t turn around and the car is facing the wrong direction then your film is evidence.

In general insurers do not engage expensive investigations for relatively small claims, so they will often take the route of least resistance unfortunately.

If the footage is incriminating e.g. they couldn’t have turned around 180, then I would certainly make sure the insurer is aware of what you have.

OnanTheBarbarian

If the footage supports the other party driving in the wrong direction and this can be backed up with say some google maps street view images showing where the cars were positioned by reference to nearby houses or sign posts etc, then it helps to prove there was negligence on behalf of the taxi driver in travelling in the wrong direction.

Taxis are often covered by the low rent element of the insurance marketplace (insurers based in Gibraltar, Norway etc) and they often have poor UK claims handling agents, not to mention taxi drivers will usually argue black is white when it comes to a claim being made against them.

Hang in there and stick to your guns. But beware, your insurers are not there to play liability investigators and unless you claim through your policy, they may end up losing the will to keep on chasing the third party insurers for an admission of liability. You may therefore need to use your legal cover if you have it.

Jono111

If both cars were moving at the time I wouldn't be surprised if it went 50:50.
Just because they are going the wrong way does not give you licence to crash into them, I am not saying you did, I am just trying to make the point.

csgohan4

Any dash cam, if not get one for next time, would be useful

Takmon

MaebyJade wrote: »

Hi,

My partner was involved in car accident were the other driver was going down the wrong on a one way road. It wasnt a major accident, the other car (a taxi) scrapped down the whole side of back of the car. Unfortunately there were mo witness around but my partner did get out and film the damage and the taxi clearly facing in the wrong direction. According to the insurance company the taxi driver has denied any fault.

What happens next? Due to lack of witnesses and no footage, will the claim be 50/50 or will the insurance company investigate and then decide who's at fault? Thanks

What actually happened to cause the two cars too crash? Like Jono111 said just because a car was going the wrong way doesn't mean a crash is inevitable. Why were the two cars unable to avoid each other?

MaebyJade

Takmon wrote: »

What actually happened to cause the two cars too crash? Like Jono111 said just because a car was going the wrong way doesn't mean a crash is inevitable. Why were the two cars unable to avoid each other?

It was a narrow one way street with a wall on one side and railing from a car park on the other. The taxi driver came down the road and mounted the curb to pass my partners car. At this point my partner is stationary but due to the railing on the side of the curb the taxi driver mounted there wasn't enough room and so he scrapped down the side of the car.

My partner got out to inspect the damage and swap detail with the taxis driver and filmed the taxi clearly facing the other way. It was at that point the taxi driver got defensive, denied it was his fault and turned his car around before taking his own photo's and video.

It's still with the insurance company atm so waiting to see what they say.