Car accident - third party not admitting fault

movilogo

The insurers of both parties will decide on whom to blame. In unlikely event that you get the blame, you can challenge them in court. For future, try to fit a dash cam. Even if you fit a dashcam facing front (looking thru windscreen) its footage can still be used to prove someone hit you from behind. I had one rear ended accident. My dashcam recorded I was stationery and it also recorded I stopped and exchanged details with other party. The other party's insurer accepted liability without questioning.

born_again

Jenni_D said:

born_again said:

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?

No... 
What's the thread about?

Jenni_D

born_again said:

Jenni_D said:

born_again said:

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?

No... 
What's the thread about?

I thought the bold bit would be obvious. (I think you did post in there anyway - just that your story here made me think of that other one)

[Deleted User]

Supersonos said:

Deleted_User said:

williamgriffin said:

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??

If the driver doesn't admit liability to his insurance (or you don't record him saying that at the scene on video or have an independent witness or video footage) and says you ran into him, then yes your insurance would pay out as it's vastly more likely that you ran into him than him reversing into you. Unfortunately many people will lie about stuff like this (particularly in the scenario of mates down the pub suggesting a PI claim) and they have to go on the balance of probabilities.

[Deleted User]

Get a dashcam. A basic one is only around £20. Then you will hand peace of mind if anything happens.

ZappyBoy

Sorry to hear about your accident. I echo what everyone else has said, let your insurance company deal with it, ensure you have sent any photos you took on the day, and definitely look at investing in a dashcam. I had an accident last year where an oncoming driver came round a bend at speed and tried to squeeze through a narrow gap with stationary vehicles blocking his side of the road. Clipped the front of driver side of my car and dented it. I had a dashcam footage of the incident, took photos and a witness and they still are denying any responsibility. It's now in the hands of the insurers solicitors, and I've left the them to deal with it, that's what we pay them for after all Good luck

Mickey666

KimJongUn88 said:

There’s nothing to stop him from denying liability. You’ll just have to put your name in and if he continues to deny liability, it’ll have to be decided in Court.

Or, more correctly, from admitting fault.  Indeed, insurance companies often advise to never admit any fault.

kimp22

I recently had to go to court over a car accident the other driver drove into me. The insurance wanted to do 50 /50 I refused then got asked if I would be willing to go to court and said I would.
I assumed that my insurance company was taking the other party to court but it wasn't. The court document was titled other driver vs my insurance company. 
I went and I was the Defendant I missed the questioning of the other driver because I didn't receive any date and time for the court just had a phone call 20 minutes before it was due to start. I was questioned by there solicitor and the judge wanted a hour to look at things. 
The judge favoured with me and it was case dismissed. 
I am hoping that's the end of it now. 

Sal