Car Accident - 3rd party says it never happened

MLAtherton

facade said:

Why didn't the other driver simply say that you accidentally selected reverse and backed into him?

what proof have you got that you didn't?

I suppose the GP and Physio reports would be able to prove that was not the case due to the whiplash? I honestly think that the 3rd party have not thought about anything at all by just saying it never happened, would have made a more compelling argument if they had said i reversed by mistake!

AdrianC said:

MLAtherton said:

AdrianC said:

MLAtherton said:

Do you think there is any cause for concern here? It is highly frustrating that someone has gone right into the back of me and then have the audacity to say it never happened.

Some people are lying gits who are incapable of accepting culpability for anything. Hold the front page.

Right, that basic life lesson out the way...

As far as the two insurers are concerned, there are no independent witnesses. You say it did. They say it didn't. What evidence is there? A photo showing the two bumpers fairly close to each other. No context in that pic?

Thanks for the reply Adrian, that is not the only evidence i have.

I have around 10 photos from the accident, showing the two vehicles, the registration plates, the location of the impact and the damage. I also have damage reports from the garage which backs up the claim that I was hit in the area that you can see in the photographs. 

The critical part, according to my case handler is that you can clearly see Paint exchange on a couple of photographs at the impact point which matches the 3rd parties car, thus indicating that a collision did indeed occur.

Well, it's up to your insurer to make the decision as to how to proceed. When you claimed from them, you gave them the right to make the final decision.

My insures have decided to proceed by issuing court proceedings so they believe there is irrefutable evidence to prove my case. We shall see what happens as things proceed. Thanks for your help!

ratrace said:

Please tell me you have bought a dash cam since this has happened funnily enough since i have fitted the second rear dash cam tailgating has reduced maybe due to the fact that you can see it plus there is a flashing red light when it on its quite obvious.

My wake up call was when a clown cut me up while going around a roundabout and veered into my lane nearly taking the front corner off, when i caught up with him at the lights "i said thats was close you nearly hit me" and he replied "what you talikng about you came into my lane" with a smile from then on i knew people will lie no matter what especially when it comes to money. So i bought a dashcam from amazon best £80 i spent especially when my excess is £500 on my trade policy. sorry to go off topic a little but these are the type of people you have to share the roads with so its best to make sure you have a fighting chance should the worst happen.

Funnily enough, first thing i done after the accident was buy a dash cam! 

AdrianC

MLAtherton said:

AdrianC said:

MLAtherton said:

AdrianC said:

MLAtherton said:

Do you think there is any cause for concern here? It is highly frustrating that someone has gone right into the back of me and then have the audacity to say it never happened.

Some people are lying gits who are incapable of accepting culpability for anything. Hold the front page.

Right, that basic life lesson out the way...

As far as the two insurers are concerned, there are no independent witnesses. You say it did. They say it didn't. What evidence is there? A photo showing the two bumpers fairly close to each other. No context in that pic?

Thanks for the reply Adrian, that is not the only evidence i have.

I have around 10 photos from the accident, showing the two vehicles, the registration plates, the location of the impact and the damage. I also have damage reports from the garage which backs up the claim that I was hit in the area that you can see in the photographs. 

The critical part, according to my case handler is that you can clearly see Paint exchange on a couple of photographs at the impact point which matches the 3rd parties car, thus indicating that a collision did indeed occur.

Well, it's up to your insurer to make the decision as to how to proceed. When you claimed from them, you gave them the right to make the final decision.

My insures have decided to proceed by issuing court proceedings so they believe there is irrefutable evidence to prove my case. We shall see what happens as things proceed. Thanks for your help!

So there y'go. Either the other insurer will change their mind and pay, or the court will decide based upon the evidence the two sides produce.

waamo

The judge will decide the case based on the balance of probabilities. In other words what is the most likely explanation. The evidence doesn't need to be irrefutable just the most probable.

The evidential burden in civil cases is a fair bit lower than in criminal cases.

[Deleted User]

Given the photo evidence you have I wouldn't worry. How could they reasonably explain their car being 1 inch from your bumper, both parked in the traffic lights while you get out and take photos? Not to mention their paint on your car.

On a balance of probabilities your evidence is pretty convincing. They are just making things worse for themselves, increasing costs. Chances are their insurance will settle before it gets to court.

macman

The vehicle damage is minimal and the insurers won't want the cost of litigating over it. It's the value of the whiplash claim that will determine how this is settled. How much is it?

MLAtherton

[DELETED USER] said:

Given the photo evidence you have I wouldn't worry. How could they reasonably explain their car being 1 inch from your bumper, both parked in the traffic lights while you get out and take photos? Not to mention their paint on your car.

On a balance of probabilities your evidence is pretty convincing. They are just making things worse for themselves, increasing costs. Chances are their insurance will settle before it gets to court.

Thanks for that Mojo, this is what i an hoping!

macman said:

The vehicle damage is minimal and the insurers won't want the cost of litigating over it. It's the value of the whiplash claim that will determine how this is settled. How much is it?

Currently the whiplash claim has been valued at around £3,000 each, so £6,000 in total.

anniered

Hi, I have a similar problem. The 3rd party in my claim is denying his car was involved. I have witnesses but because of Covid 19 lockdown there has been a delay in contacting the witnesses, businesses closed etc, although their names and contact numbers where given to my insurance company. Now my comprehensive insurance company are saying that it has been ongoing too long to appoint an accident management company to take over the claim on their behalf. I have two options either Comprehensive Claim have my vehicle repaired and pay policy excess  or go to a No Win No Fee solicitor. Liability has not yet been established.
Any advise please.

Sandtree

anniered said:

Any advise please.

Start your own thread in the Insurance forum providing details of the incident and your evidence.

Belatedly to the OP - in the current situation things are difficult but your insurers certainly don't sound like they are on the ball. There are a host of reasons why TPs deny being involved in accidents and the insurers should have proceeded faster and better if we were in different circumstances.

They should be clarifying if the TP is denying that any contact happened but accept they were in the area with you at the time or if its a more fundamental statement that they say they were somewhere else entirely/car was parked up at home at the time etc. Depending on the answer dictates the next steps but at a minimum they should be trying to obtain a copy of some form of official photo ID to see if it is the same person in your photo (assuming yours is a reasonable photo), photos of the vehicle for comparison etc.

An Uber driver the other say was talking of issues of cloned plates he's having and whoever it is driving the other car is giving his name but despite both being blue VW CC cars there are minor differences (his has a shark fin aerial whereas the other car has a more oldfashioned one) and the two drivers look nothing like each other.

AdrianC

anniered said:

Hi, I have a similar problem. The 3rd party in my claim is denying his car was involved. I have witnesses but because of Covid 19 lockdown there has been a delay in contacting the witnesses, businesses closed etc, although their names and contact numbers where given to my insurance company. Now my comprehensive insurance company are saying that it has been ongoing too long to appoint an accident management company to take over the claim on their behalf. I have two options either Comprehensive Claim have my vehicle repaired and pay policy excess  or go to a No Win No Fee solicitor. Liability has not yet been established.
Any advise please.

Well, of course liability hasn't been "established". The person you're claiming caused it is saying they weren't even there. There doesn't appear to be any credible witness evidence available otherwise.

So, yes, right now that's your choice. Claim off your own policy, or go legal. 
That was the choice anyway, and an AMC wouldn't change that. Not having them involved is not a bad thing.