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Other party denying liability

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Comments

  • facade
    facade Posts: 7,654 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You need it to go to Court, where they decide on balance of probabilities whether the other driver was involved.
    Having the paper on which the other driver wrote their details, actually knowing the details without buying them off the DVLA, being able to describe/Identify the driver (they will of course now have shaved off all their hair and beard and wear startling coloured contact lenses) will sway the balance to your favour. (Not as much as independent witnesses, photographs of the scene & other driver would, but too late for that now unfortunately)

    Your insurer won't bother taking them to court, unless the damage is for many tens of thousands it is cheaper for them to just say "OK we accept that you weren't there", and pay themselves marking it as a fault claim.

    I'm surprised that an Ambulance Chaser won't take it on for a cut of the compo though if you have injuries.


    If the driver is untraceable, you can claim for injuries via the MIB. You can't claim for your damage though as you have insurance that covers it.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • facade said:
    You need it to go to Court, where they decide on balance of probabilities whether the other driver was involved.
    Having the paper on which the other driver wrote their details, actually knowing the details without buying them off the DVLA, being able to describe/Identify the driver (they will of course now have shaved off all their hair and beard and wear startling coloured contact lenses) will sway the balance to your favour. (Not as much as independent witnesses, photographs of the scene & other driver would, but too late for that now unfortunately)

    Your insurer won't bother taking them to court, unless the damage is for many tens of thousands it is cheaper for them to just say "OK we accept that you weren't there", and pay themselves marking it as a fault claim.

    I'm surprised that an Ambulance Chaser won't take it on for a cut of the compo though if you have injuries.


    If the driver is untraceable, you can claim for injuries via the MIB. You can't claim for your damage though as you have insurance that covers it.
    Absolutely, I'm so surprised the "ambulance chaser" (which is 100% what they are) aren't all over it. The evidence is compelling enough but they don't seem to want to do any work for their 25%. I do have genuine injuries as confirmed by GP so not a vexatious claim
  • Car_54
    Car_54 Posts: 8,882 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The OP hasn't helped him/herself by not getting the driver's full details. He was obliged by law to give his name and address (plus those of the vehicle's owner if different), not just a phone number.




  • Car_54 said:
    The OP hasn't helped him/herself by not getting the driver's full details. He was obliged by law to give his name and address (plus those of the vehicle's owner if different), not just a phone number.




    I do have full details inc address; followed up on that and confirmed to be correct
  • uknick
    uknick Posts: 1,777 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It does seem nothing ever changes in insurance.  My brother had this over 40 years ago; rear ended by a driver who denied ever being there after exchanging details.
  • Car_54
    Car_54 Posts: 8,882 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    uknick said:
    It does seem nothing ever changes in insurance.  My brother had this over 40 years ago; rear ended by a driver who denied ever being there after exchanging details.
    Not insurance, just human nature.
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