Insures want to admit liability to claim which is not my fault

tanvir

MovingForwards wrote: »

Where exactly is the damage to your car and the third party's car?

I have minor scratches to my front bumper and the third party has a small dent and scratchs on the rear bumper towards the right.

MovingForwards

tanvir wrote: »

I have minor scratches to my front bumper and the third party has a small dent and scratchs on the rear bumper towards the right.

Drivers side? Passenger side? Middle?

AdrianC

"Towards the right" would suggest the offside.

tanvir

MovingForwards wrote: »

Drivers side? Passenger side? Middle?

Well my damage is from driver side to the middle. 3rd party damage is also from middle to driver side

MovingForwards

There is no evidence to support your claim they pulled out on you and your insurance company are settling the claim as you cannot prove otherwise.

tanvir

MovingForwards wrote: »

There is no evidence to support your claim they pulled out on you and your insurance company are settling the claim as you cannot prove otherwise.

That I understand. But there is no proof from third party either. How do they know he didn't plan this? I.e just pulled out because he knows if someone goes into the back it's a guaranteed win and payout

Mercdriver

Mistral001 wrote: »

I am not suggesting anything like that. You or I are not prosecutors. The OP is not under scrutiny here. We have to accept what he says is correct. We have to accept that the other driver admitted that it was his fault at the scene.

Maybe there is nothing the OP can do now, but if he had called the police at the time of the accident, he might have had a better outcome after statements were taken by them and a police report was available to the insurers.

I was knocked off my bicycle years ago in good visibility while wearing dayglo yellow sun not in driver's eyes. Open and shut DWDCA. Police took no action. Result was severe complicated fracture to collarbone and off work for 9 months after just returning to work 8 months after major surgery. 3rd party insurer took 18 months to accept liability.

It's not down to the driver to accept liability and the driver cannot accept responsibility on behalf of the insurer. In court it might assist on basis of probability, but it won't make the third party insurer back down.

mcpitman

tanvir wrote: »

I had no option to go into him due to it being on the dual carriageway and if i was to swerve anywhere I would've hit other cars or they would've hit me

Does your car have brakes? I don't understand that you had no option, why couldn't you brake in time?

MovingForwards

tanvir wrote: »

That I understand. But there is no proof from third party either. How do they know he didn't plan this? I.e just pulled out because he knows if someone goes into the back it's a guaranteed win and payout

The proof is in the vehicle damage (both cars), you had time to stop and didn't. You would have seen him start to pull out and adjust your speed accordingly, the TP had time to exit a side road and straighten up, before you went into the back of them.

You can't win this, on the balance of probabilities, it's your fault.

Stop clutching at straws about the planned actions of the TP, you can't prove anything and are only guessing. Believe it or not, insurance companies have records about accidents and who was involved in them, if the name / registration number flags anything then that is also dealt with by their fraud team; as your insurance company are settling the claim, nothing has flagged up.

tanvir

mcpitman wrote: »

Does your car have brakes? I don't understand that you had no option, why couldn't you brake in time?

It's a dual carriageway where I am travelling at 50mph, he has joined the dual carriageway without doing his necessary checks and stopping at the giveaway. I saw him coming to the approaching the giveway and I anticipated he will be stopping at the giveway as any normal driver but he didnt and just joined and also joined at a slow speed where when i hit the brakes there wasn't enough stopping distance