What if the other driver changes their story after admitting fault?

LegalBuddy22

Hi all,

A friend was involved in a car accident where the other driver clearly admitted fault at the scene even said sorry but now they’ve changed their story with the insurer.

Has anyone had experience with this kind of situation?

Can you still make a successful injury or damage claim when it becomes their word against yours?

Grateful for any advice just trying to understand what’s possible. Thanks!

Exodi

This should be in the Travel & Transport > Motoring board, I've requested it to be moved.

Unfortunately common and incredibly frustrating, it will now become a 'he-said, she-said'.

Insurers regularly advise never to accept fault at the roadside. Is there any evidence available?

tacpot12

You can make a successful injury or damage claim when it becomes their word against yours, but the onus is on the claimant to prove their case. I think they would have to be able to show what the other person did was negligent. If your friend has legal expenses cover as part of their motor policy, they can probably get some advice on this from the legal helpline. If they don't have this valuable cover, they might need to consult a solicitor.

Are you sure that your friend doesn't have personal injury cover as part of their insurance policy? If they do, they can claim of their own poliy, rather than trying to claim off the other driver.  

Haribobo19

Moved to motoring board 😊

DullGreyGuy

LegalBuddy22 said:
A friend was involved in a car accident where the other driver clearly admitted fault at the scene even said sorry but now they’ve changed their story with the insurer.

Has anyone had experience with this kind of situation?

Can you still make a successful injury or damage claim when it becomes their word against yours?

Grateful for any advice just trying to understand what’s possible. Thanks!

Schools dont teach the tort of negligence at school nor do most people read caselaw. Whilst most people probably know the basics like if you drive into the rear of a car your probably liable many dont know about more complicated situations. 

Being in an accident is generally stressful, people often say "sorry" but it doesnt make them liable and generally the courts place very little weight on it. 

What's important is what each party states happened. It's far from uncommon where both parties agree what happened and disagree on who's at fault. These cases are easy. In more cases the parties disagree on what happened and you then start looking at the evidence, areas of damage etc and try to decide which is the more likely, or more accurately, which a judge will think is more likely. 

Hoenir

What documentary evidence do you have for what the other driver said? Is it clear cut as to who caused the collision? 

daveyjp

What is said at the time doesn't matter.

The facts of the incident will speak for themselves and insurers will make a decision based on how those facts are presented.

Mildly_Miffed

Turn it round...

You have a collision. You believe you are not at fault, and tell the insurer that.
The other driver claims you admitted liability at the scene.

Perhaps you did, because you were in shock...

Arunmor

I had an accident 5 years ago where I was pilling out at a crossroads, guy coming from my left indicated left and I pulled out.  He went straight on and wrote my car off (he was in one of those big road works type pick ups ).  I thought I was going mad, wondering if I had imagined his indicator.  Fortunately for my own sanity the guy behind him came over and said he did indicate.

Ultimately although I felt it wasn't my fault, I concluded that if I tried to take it further the result would be that I had proceeded when it was unsafe to do so.  Took it on the chin and paid the penalty on my premiums.

My point being you need to take a dispassionate view of the accident in the cold light of (the next) day when the blood has cooled.

MattMattMattUK

All the above, plus, get a dashcam, front and rear.

LegalBuddy22

tacpot12 said:

You can make a successful injury or damage claim when it becomes their word against yours, but the onus is on the claimant to prove their case. I think they would have to be able to show what the other person did was negligent. If your friend has legal expenses cover as part of their motor policy, they can probably get some advice on this from the legal helpline. If they don't have this valuable cover, they might need to consult a solicitor.

Are you sure that your friend doesn't have personal injury cover as part of their insurance policy? If they do, they can claim of their own poliy, rather than trying to claim off the other driver.  

Thanks so much for your helpful reply really appreciate it.

We did check the policy, and it looks like my friend doesn't have legal expenses cover or any personal injury add-ons, unfortunately. So it might come down to getting independent legal advice.

Totally understand what you said about the claimant needing to prove negligence that’s what’s making it tricky, especially since there’s no CCTV or dashcam footage. It’s just frustrating when someone admits fault at the scene and then tells a different story later.

Thanks again for your insights!