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Car accident - third party not admitting fault

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Comments

  • Ant555
    Ant555 Posts: 1,606 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 2 March 2021 at 8:21AM
    "police called by a passing paramedic as he witnessed man being ‘aggressive’ towards me"
    Do you know if he is insured to drive the car and did the police actually attend the scene?

  • daveyjp
    daveyjp Posts: 13,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Complete the claim form with a full description of what happened, including photos, google streetview etc if required and leave it to your insurance company.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
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    Unfortunately there is always a consideration of chinese whispers involved in these things and you need to understand the exact flow of information to understand what is going on. Too often a TPI saying they arent in a position to comment on liability yet because they are waiting a claim form or to discuss the matter with their client etc gets translated into the TP not admitting liability. 

    Your insurers will be asking for the third party's version of events via their insurers and their allegations against you if there is a liability dispute. Next steps depends on what comes back but the only scenarios where they are not at fault is where you are moving backwards either because you rolled down an incline or you reversed.
  • born_again
    born_again Posts: 22,228 Forumite
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    sofie2007 said:
    Thanks. I wasn’t fully stationary, I was just slowly pulling up to the junction, saw a car coming so stopped. Driver behind for some reason assumed I was going to pull out anyway and he didn’t stop, just went straight in to the back of me. I’ve put in a claim but the man is refusing to accept any fault at all. 
    Reminds me of the old guy that ran into the back of me 30 odds years ago & said why did you stop at the red light...... Then wanted the police called. Which they did attend as his Mrs said she had hurt herself..

    Did him no good as he lost his licence. Driving son's car with no insurance & his whole explanation to police, they decided he either surrendered his licence or went to court of careless driving.
    Life in the slow lane
  • Jenni_D
    Jenni_D Posts: 5,488 Forumite
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    sofie2007 said:
    Thanks. I wasn’t fully stationary, I was just slowly pulling up to the junction, saw a car coming so stopped. Driver behind for some reason assumed I was going to pull out anyway and he didn’t stop, just went straight in to the back of me. I’ve put in a claim but the man is refusing to accept any fault at all. 
    Reminds me of the old guy that ran into the back of me 30 odds years ago & said why did you stop at the red light...... Then wanted the police called. Which they did attend as his Mrs said she had hurt herself..

    Did him no good as he lost his licence. Driving son's car with no insurance & his whole explanation to police, they decided he either surrendered his licence or went to court of careless driving.
    Have you posted this in the wrong thread? ;)
    Jenni x
  • sofie2007
    sofie2007 Posts: 18 Forumite
    Part of the Furniture First Post Combo Breaker
    Yes the man has valid insurance although looks like his MOT ran out in November. Please did attend the scene, and have followed up with a call asking if I want to put in a complaint due to his aggressive shouting at me. I don’t. 
    Road isn’t on a incline and I didn’t reverse. Man didn’t claim I reversed at the scene but I guess he could be trying to say that now. 
  • sofie2007
    sofie2007 Posts: 18 Forumite
    Part of the Furniture First Post Combo Breaker
    *police, not please 
  • sofie2007 said:
    I did wonder if he’d claim I had reversed, but the impact of him hitting me pushed my car partially on to the main road so I’m not sure that would be possible if that was the case. 
    Your word against his though. 
    No insurer in the world will pay out against the OP on the claim OP reversed into the driver behind without dashcam footage, rear end collision will 100% go against the guy behind without independent evidence
  • Supersonos
    Supersonos Posts: 1,080 Forumite
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    sofie2007 said:
    I did wonder if he’d claim I had reversed, but the impact of him hitting me pushed my car partially on to the main road so I’m not sure that would be possible if that was the case. 
    Your word against his though. 
    No insurer in the world will pay out against the OP on the claim OP reversed into the driver behind without dashcam footage, rear end collision will 100% go against the guy behind without independent evidence
    Only a few days ago I was at a junction where the car in front obviously decided they'd pulled out too far so popped it into reverse and hurtled backwards.  I beeped and they stopped, but had their been contact, I'd be the one saying they reversed into me.  Are you saying no insurance company would believe me and I'd be the one paying out??
  • HoofeHearted
    HoofeHearted Posts: 2,652 Forumite
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    Many years ago. I was driving my car. I stopped at a T Junction and waited for the car approaching from the right to turn into the road I was in. He was indicating to turn left, but you cannot be sure that they will turn.
    He started to turn and crashed into my offside.  After moving my car to keep the junction open, I approached the other car and a young girl got out of the passenger side and shouted at me, saying "You did not give my grandad enouth time to turn into the road."
    I said that I did not move and it was your grandad that crashed into me.  The driver stayed in the car with his window down.  He had the thickest pair of spectacles I have ever seen.  We exchanged details and I left it at that and notified my insurance of ALL the details.  I assumed that it would be sorted out quickly.
    Some weeks later, my insurance informed me that the other driver had denied liability and had got a solicitor to confirm this in writing.  Because of this, my insurance were treating the accident as a 50 - 50 accident and I/my insurance was liable for 50% of costs. I could not get them to change their stance.
    So beware:- Being totally innocent does not mean that you will not have to take some of the blame.
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