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Car accident - apparent denial of liability from 3rd party, no counter claim.

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  • whatatodo
    whatatodo Posts: 5 Forumite
    First Post
    Sandtree said:
    The OP has photographic evidence hat the van stopped and potentially that a collusion occurred.

    They have been unable to get the CCTV evidence that the van reversed into them rather than them going into the van - depending on the area of damage and what both sides are saying it may be more plausible that the OP is at fault...  the classic case of V1 saying they were stationary at a junction and V2 rear ended them whereas V2 states they were stationary behind v1 and without warning/reason V1 suddenly reversed into them.
    I am OP and this is correct. Photos just show vehicles and damage. Not proving what happened. I am fully comp so I guess I will have to go with what my insurance company says, its just the fact that they want to pass to a CMC (presumably with their own profit to make) rather than deal with in house that bothers me.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    whatatodo said:
    its just the fact that they want to pass to a CMC (presumably with their own profit to make) rather than deal with in house that bothers me.
    That's your insurer's choice. It doesn't affect your claim in any way, except that if you end up with the hire car bill.
  • tiggerbodhi
    tiggerbodhi Posts: 415 Forumite
    Part of the Furniture 100 Posts
    For the CCTV footage you will be able to put a request in writing to the owner of the CCTV system for the footage, this is a legal requirement of them under GDPR, state what time frame you want, the reason for wanting the footage, it has to be a genuine reason, and they should give it to you, they can charge a "nominal fee" £10 seems the norm.
    If it is a Business address it to their Data Protection Officer, if it is a house address it to the resident or householder.
    Any company operating CCTV needs to be registered with the ICO, interestingly includes Dash Cams in company vehicles.
    You can check on the ICO website if they are registered with the ICO for Data Protection.
    every time I manage to get one more breath into this body, I will sing a song of thanks to you my brothers, my sisters, my friends, may your sleep be peaceful, and angels sing sweetly in your ears.
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