Other party denying liability

sausage1971

I recently had a car accident. I was hit from behind at a roundabout by another vehicle. The driver admitted liability at the scene and we exchanged details. As I was a bit shaken up I didn't have the presence of mins to take any photographs.

Three months down the line the other party has told his insurance company that he wasn't there and the accident didn't happen. My insurance company haven't been very helpful; they say without physical proof they cannot take the claim forward. My assertion is that I exchanged details at the scene.

The insurance company say I could have accessed those details from anywhere or asked someone for their details. Please tell me if I am wrong but I would not be able to access the driver's name and mobile number from a licence plate alone? I'm sure only the police and insurance companies have that ability

 Bit confused as what do do next and help would be very much appreciated. 

DE_612183

your insurance company will try and get the other party to admit liability - but without proof it will probably end up as a no fault accident and your insurance company will pay

cw8825

sausage1971 said:

I recently had a car accident. I was hit from behind at a roundabout by another vehicle. The driver admitted liability at the scene and we exchanged details. As I was a bit shaken up I didn't have the presence of mins to take any photographs.

Three months down the line the other party has told his insurance company that he wasn't there and the accident didn't happen. My insurance company haven't been very helpful; they say without physical proof they cannot take the claim forward. My assertion is that I exchanged details at the scene.

The insurance company say I could have accessed those details from anywhere or asked someone for their details. Please tell me if I am wrong but I would not be able to access the driver's name and mobile number from a licence plate alone? I'm sure only the police and insurance companies have that ability

 Bit confused as what do do next and help would be very much appreciated. 

If you have the drivers name & mobile and matches what is on the policy it is quite hard for him to deny he was there - its not a case of mistaken registration.

have you actually put in a claim for the damage or are you waiting for the other party to offer to deal? Your insurance company is very limited in what they will/can do until they have a loss to have recovered. Basically until they have money to recover there is no need for them to pressure the other side

ThorOdinson

Invest in a front/rear dashcam. Good luck.

sheramber

or take a photograph of the scene and the driver with your phone.

My husband did that when a lorry connected with our parked car and forwarded them to our insurance company. 

They confirmed we were not at fault. 

 The company concerned would not advise their insurance of the accident so they denied any claim.

Our accident management company took the company to court for the costs and a summary warrant was issues against the company as they did not contact/ attend court

DullGreyGuy

sausage1971 said:

Claim has gone in. Car has been repaired. Other insurance company has not replied according to my insurance company. There is also a separate personal injury claim and the other party’s insurance has denied he was there or the accident happened!! The solicitors acting for me (via insurance) say they cannot progress the claim as I cannot prove the accident happened. It seems bizarre to me. 

Ideally your insurers and/or solicitors would be digging and trying to find out what's going on but...

What details do you actually have of the third party? 

If you got a phone number, have you at any point called it to make sure it was the right number?

Having been on the receiving end (as a claims technician, not an allegation against me personally) there are unfortunately cars out there on cloned plates but then it would be unusual for the name, address or phone number to match the real person. But companies can make mistakes, some will by default do a DVLA check which, on our system, would overwrite whatever details you'd given and unless its remembered thats been done you then get a false match

sausage1971

DullGreyGuy said:

sausage1971 said:

Claim has gone in. Car has been repaired. Other insurance company has not replied according to my insurance company. There is also a separate personal injury claim and the other party’s insurance has denied he was there or the accident happened!! The solicitors acting for me (via insurance) say they cannot progress the claim as I cannot prove the accident happened. It seems bizarre to me. 

Ideally your insurers and/or solicitors would be digging and trying to find out what's going on but...

What details do you actually have of the third party? 

If you got a phone number, have you at any point called it to make sure it was the right number?

Having been on the receiving end (as a claims technician, not an allegation against me personally) there are unfortunately cars out there on cloned plates but then it would be unusual for the name, address or phone number to match the real person. But companies can make mistakes, some will by default do a DVLA check which, on our system, would overwrite whatever details you'd given and unless its remembered thats been done you then get a false match

I have the other party's name, reg number and phone number and all check out as accurate. I have had the conversation with the solicitors that I wouldn't be able to access the other party's details just from the reg number but they insist that I could. I think this is just laziness/incompetence on their part as I am sure they want an easy case to manage and don't want to do any legwork 

sausage1971

cw8825 said:

sausage1971 said:

I recently had a car accident. I was hit from behind at a roundabout by another vehicle. The driver admitted liability at the scene and we exchanged details. As I was a bit shaken up I didn't have the presence of mins to take any photographs.

Three months down the line the other party has told his insurance company that he wasn't there and the accident didn't happen. My insurance company haven't been very helpful; they say without physical proof they cannot take the claim forward. My assertion is that I exchanged details at the scene.

The insurance company say I could have accessed those details from anywhere or asked someone for their details. Please tell me if I am wrong but I would not be able to access the driver's name and mobile number from a licence plate alone? I'm sure only the police and insurance companies have that ability

 Bit confused as what do do next and help would be very much appreciated. 

If you have the drivers name & mobile and matches what is on the policy it is quite hard for him to deny he was there - its not a case of mistaken registration.

have you actually put in a claim for the damage or are you waiting for the other party to offer to deal? Your insurance company is very limited in what they will/can do until they have a loss to have recovered. Basically until they have money to recover there is no need for them to pressure the other side

cw8825 said:

sausage1971 said:

I recently had a car accident. I was hit from behind at a roundabout by another vehicle. The driver admitted liability at the scene and we exchanged details. As I was a bit shaken up I didn't have the presence of mins to take any photographs.

Three months down the line the other party has told his insurance company that he wasn't there and the accident didn't happen. My insurance company haven't been very helpful; they say without physical proof they cannot take the claim forward. My assertion is that I exchanged details at the scene.

The insurance company say I could have accessed those details from anywhere or asked someone for their details. Please tell me if I am wrong but I would not be able to access the driver's name and mobile number from a licence plate alone? I'm sure only the police and insurance companies have that ability

 Bit confused as what do do next and help would be very much appreciated. 

If you have the drivers name & mobile and matches what is on the policy it is quite hard for him to deny he was there - its not a case of mistaken registration.

have you actually put in a claim for the damage or are you waiting for the other party to offer to deal? Your insurance company is very limited in what they will/can do until they have a loss to have recovered. Basically until they have money to recover there is no need for them to pressure the other side

Claim has gone in. Car has been repaired. Other insurance company has not replied according to my insurance company. There is also a separate personal injury claim and the other party’s insurance has denied he was there or the accident happened!! The solicitors acting for me (via insurance) say they cannot progress the claim as I cannot prove the accident happened. It seems bizarre to me

facade

sausage1971 said:

I have the other party's name, reg number and phone number and all check out as accurate. I have had the conversation with the solicitors that I wouldn't be able to access the other party's details just from the reg number but they insist that I could. I think this is just laziness/incompetence on their part as I am sure they want an easy case to manage and don't want to do any legwork 

The DVLA will sell you the details of the keeper for £5, you only have to fill in a form, and complete a box to say that you really, really need them to trace the driver involved in an accident.

https://www.gov.uk/request-information-from-dvla/request-information-about-another-vehicle-registered-keeper

AFAIK the DVLA will sell them to anyone, so why can't the solicitor get them?

(Maybe the other side are disputing on the grounds that anyone can claim any random vehicle they see in the street hit them, give the DVLA £5 and claim the driver supplied those details at the scene- but you'd have thought that DVLA keep a scan of the V888 on file with the date of request on......)

sausage1971

facade said:

sausage1971 said:

I have the other party's name, reg number and phone number and all check out as accurate. I have had the conversation with the solicitors that I wouldn't be able to access the other party's details just from the reg number but they insist that I could. I think this is just laziness/incompetence on their part as I am sure they want an easy case to manage and don't want to do any legwork 

The DVLA will sell you the details of the keeper for £5, you only have to fill in a form, and complete a box to say that you really, really need them to trace the driver involved in an accident.

https://www.gov.uk/request-information-from-dvla/request-information-about-another-vehicle-registered-keeper

AFAIK the DVLA will sell them to anyone, so why can't the solicitor get them?

(Maybe the other side are disputing on the grounds that anyone can claim any random vehicle they see in the street hit them, give the DVLA £5 and claim the driver supplied those details at the scene- but you'd have thought that DVLA keep a scan of the V888 on file with the date of request on......)

"other side are disputing on the grounds that anyone can claim any random vehicle"; that's exactly what they are saying which to me sounds ludicrous 

TooManyPoints

And that explanation does not show how you got his phone number.

As well as that, if it came to court proceedings, your testimony is evidence.

Just lazy, I'm afraid.