No fault car insurance claim 28 December 2022 at 12:19PM in Insurance & life assurance 12 replies 290 views

Jeezz

I was hit while stationary at a roundabout. Police, ambulance and an investigation team arrived in minutes. 

Police took control and took personal details of each driver, wrote them down and exchanged details.

At the time I found it odd that the other driver did not hand over is drivers licence to the police, whereas I did.

Now the other driver is claiming that it wasnt him that was in the accident. There was another adult and two kids in that vehicle. They all went by ambulance to hospital.

I've given my insurance the police reference and they are now off to investigate.

It is currently a no fault claim.

My question is what would be the point of the third party to deny their fault, when I guess it would be easy enough to locate who was admitted to hospital, police have record and I have another driver, who wasn't witness but came up shortly after the accident, who could possibly identify him. 

What would be the likely outcome of this?

DullGreyGuy

Jeezz said:

My question is what would be the point of the third party to deny their fault, when I guess it would be easy enough to locate who was admitted to hospital, police have record and I have another driver, who wasn't witness but came up shortly after the accident, who could possibly identify him. 

What would be the likely outcome of this?

First of all... what are they actually denying? You initially said "involved in" and subsequently said "fault" which would imply they admit involvement but not being to blame. 

Better yet... what are they actually saying? Are they saying they were in the vehicle but the other adult was driving? Are they saying they werent involved in any accident at all and their car is pristine on their driveway at home. Who are "they" saying it too? Your insurers? The police?

Unfortunately with these things its a game of chinese whispers and the minor changes in the story between each person in the chain vastly changes the actions required and likely outcomes.

Could be its all legit but they are claiming another TP cut them up causing them to swerve resulting in them hitting your car and so dont accept fault blaming the vehicle that cut them up.

Could be they dont have a driving license so is claiming the other person was driving to avoid a conviction.

Could be the vehicle was either stolen or on cloned plates and the person denying blame is not the person at the scene but the registered keeper of the true vehicle with that registration thats denying blame.

Jeezz

The insurance company's exact words 'third party are denying they were at the scene of the accident'.

It'll be interesting to see how this plays out. All four in the third party car were taken to hospital by ambulance, all complaining of some sort of pain.

My symptoms didn't appear until 2 days later. My passenger was fine.

There wasn't any other party involved. The only car that appeared was after the accident and pulled me out of the car (and I have their details). 

Third party said at the time that they were driving a hire vehicle and were involved in a similar accident 2 weeks prior.

I'm just curious as to what game or scam they are playing out.

dunstonh

What would be the likely outcome of this?

We can never have enough information here to make any sort of guess at the outcome.  However, the majority of accidents on roundabouts tend to put both vehicles at fault.  Usually due to lack of evidence.

I've given my insurance the police reference and they are now off to investigate.

Don't hold your breath on that.  Unless the injuries were worse than out-patient same-day discharge, the police won't likely waste resources on it.

I'm just curious as to what game or scam they are playing out.

You will probably never know.

DullGreyGuy

1) Would be good to confirm if they wrote to the name/address you gave them for the driver or if they have done a DVLA check on the registered keeper of the vehicle 

2) If they have explored a confusion over the date of the incident

3) Have they got this from the TP or from the TP Insurers?

There remains the risk of cloned plates and/or the garage potentially have used the vehicle whilst it was supposed to be in for repair.

Who dealt with the TP vehicle if they occupants went by ambulance? Was it left at scene or towed?

elsien

Not showing their license at the scene isn’t necessarily anything sinister. I never carry mine with me.

Smithcom

Jeezz said:

I was hit while stationary at a roundabout. Police, ambulance and an investigation team arrived in minutes. 

Police took control and took personal details of each driver, wrote them down and exchanged details.

At the time I found it odd that the other driver did not hand over is drivers licence to the police, whereas I did.

Now the other driver is claiming that it wasnt him that was in the accident. There was another adult and two kids in that vehicle. They all went by ambulance to hospital.

I've given my insurance the police reference and they are now off to investigate.

It is currently a no fault claim.

My question is what would be the point of the third party to deny their fault, when I guess it would be easy enough to locate who was admitted to hospital, police have record and I have another driver, who wasn't witness but came up shortly after the accident, who could possibly identify him. 

What would be the likely outcome of this?

It sounds like there are many moving parts to this.

No-one on this forum will have the first idea about a likely outcome.

We can all agree that roundabout accidents are devilishly difficult to win.  But that said, you were stationery as I understand it.

The 3rd party appears to be denying being at the scene of the accident.   This sounds very odd.  

I'm incredibly impressed that the police, ambulance and an investigation team arrived within minutes.  If your insurers requests their police report, this may give them (your insurer) a better steer as to what's going on here.  May take some time for the request or the report to be actioned.

There's a lot about the information that you have posted that sounds 'interesting'.   There's possible explanations for it all, but something doesn't sit right, not least that your insurer are counting this as a non-fault accident for the time being, when presumably, they have made an outlay, which has not yet been recovered.      I'm not saying for one second that your information is not accurate, but more that there's some component parts that sound odd.

Hope you get it sorted.   Keep us updated.   Good luck

SC.

Jeezz

DullGreyGuy said:

1) Would be good to confirm if they wrote to the name/address you gave them for the driver or if they have done a DVLA check on the registered keeper of the vehicle 

2) If they have explored a confusion over the date of the incident

3) Have they got this from the TP or from the TP Insurers?

There remains the risk of cloned plates and/or the garage potentially have used the vehicle whilst it was supposed to be in for repair.

Who dealt with the TP vehicle if they occupants went by ambulance? Was it left at scene or towed?

The police organised the tow of the TP vehicle, whilst they all jumped into the ambulance with 'severe' injuries.

Jeezz

Smithcom said:

Jeezz said:

I was hit while stationary at a roundabout. Police, ambulance and an investigation team arrived in minutes. 

Police took control and took personal details of each driver, wrote them down and exchanged details.

At the time I found it odd that the other driver did not hand over is drivers licence to the police, whereas I did.

Now the other driver is claiming that it wasnt him that was in the accident. There was another adult and two kids in that vehicle. They all went by ambulance to hospital.

I've given my insurance the police reference and they are now off to investigate.

It is currently a no fault claim.

My question is what would be the point of the third party to deny their fault, when I guess it would be easy enough to locate who was admitted to hospital, police have record and I have another driver, who wasn't witness but came up shortly after the accident, who could possibly identify him. 

What would be the likely outcome of this?

It sounds like there are many moving parts to this.

No-one on this forum will have the first idea about a likely outcome.

We can all agree that roundabout accidents are devilishly difficult to win.  But that said, you were stationery as I understand it.

The 3rd party appears to be denying being at the scene of the accident.   This sounds very odd.  

I'm incredibly impressed that the police, ambulance and an investigation team arrived within minutes.  If your insurers requests their police report, this may give them (your insurer) a better steer as to what's going on here.  May take some time for the request or the report to be actioned.

There's a lot about the information that you have posted that sounds 'interesting'.   There's possible explanations for it all, but something doesn't sit right, not least that your insurer are counting this as a non-fault accident for the time being, when presumably, they have made an outlay, which has not yet been recovered.      I'm not saying for one second that your information is not accurate, but more that there's some component parts that sound odd.

Hope you get it sorted.   Keep us updated.   Good luck

SC.

The investigation team and police both stated that it would be no fault even at the time of the incident. I was first in line waiting for the roundabout to clear, so I could go.

TP came from behind and rear-ended me, whilst I was waiting, when they should have stopped so it wasn't about who had right of way. TP pushed me into the roundabout so it was lucky no one was going through. 

Yes, it's really odd, so I will double check if the insurance company have the correct date.

DullGreyGuy

Jeezz said:

Smithcom said:

Jeezz said:

I was hit while stationary at a roundabout. Police, ambulance and an investigation team arrived in minutes. 

Police took control and took personal details of each driver, wrote them down and exchanged details.

At the time I found it odd that the other driver did not hand over is drivers licence to the police, whereas I did.

Now the other driver is claiming that it wasnt him that was in the accident. There was another adult and two kids in that vehicle. They all went by ambulance to hospital.

I've given my insurance the police reference and they are now off to investigate.

It is currently a no fault claim.

My question is what would be the point of the third party to deny their fault, when I guess it would be easy enough to locate who was admitted to hospital, police have record and I have another driver, who wasn't witness but came up shortly after the accident, who could possibly identify him. 

What would be the likely outcome of this?

It sounds like there are many moving parts to this.

No-one on this forum will have the first idea about a likely outcome.

We can all agree that roundabout accidents are devilishly difficult to win.  But that said, you were stationery as I understand it.

The 3rd party appears to be denying being at the scene of the accident.   This sounds very odd.  

I'm incredibly impressed that the police, ambulance and an investigation team arrived within minutes.  If your insurers requests their police report, this may give them (your insurer) a better steer as to what's going on here.  May take some time for the request or the report to be actioned.

There's a lot about the information that you have posted that sounds 'interesting'.   There's possible explanations for it all, but something doesn't sit right, not least that your insurer are counting this as a non-fault accident for the time being, when presumably, they have made an outlay, which has not yet been recovered.      I'm not saying for one second that your information is not accurate, but more that there's some component parts that sound odd.

Hope you get it sorted.   Keep us updated.   Good luck

SC.

The investigation team and police both stated that it would be no fault even at the time of the incident. I was first in line waiting for the roundabout to clear, so I could go.

TP came from behind and rear-ended me, whilst I was waiting, when they should have stopped so it wasn't about who had right of way. TP pushed me into the roundabout so it was lucky no one was going through. 

Yes, it's really odd, so I will double check if the insurance company have the correct date.

Asking the police on liability is the same as asking a random guy down the pub... they have no training on liability as it falls under civil rather than criminal law. If a stationary object is struck its 99% the time the fault of the moving vehicle, unfortunately for various reasons not everyone always agrees on what the circumstances were.  I've had to waste many an hour discussing liability with a policyholder because of wrong information provided by a police officer. 

daveyjp

Either the person wasn't driving, or the car occupants are introducing confusion to play a long game and see if it fizzles out, thats a matter for the police.

Your claim is against the person named as main driver on the insurance policy and you may need to press your insurance company hard to continue the claim.