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

LegalBuddy22

DullGreyGuy said:

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. 

Thanks, that makes a lot of sense. You're right, saying “sorry” at the scene doesn’t prove liability, especially without solid evidence. It’s now looking like it’ll come down to what each side claims and what can actually be backed up.

LegalBuddy22

daveyjp said:

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.

Thanks, that’s helpful. We’re hoping the facts are clear enough for the insurer to make a fair call. Just wish it was as straightforward as it seemed at the scene!

DullGreyGuy

LegalBuddy22 said:

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!

But per the example quoted above, the poster thought the TP was at fault because they were indicating, they may even have convinced the person to admit fault at the scene. Irrespective of what happened at the scene the poster had the duty to give way and failed to do so and so is going to be deemed at the minimum partly responsible, most likely at least the majority at fault and if there arent major injuries etc then arguing the toss about one party being 10% responsible etc probably just isnt worth the effort. 

MEM62

Arunmor said:

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.  

Which only tells you one thing, that the indicator bulb is working.  Ride a motorcycle for a few years and you learn that signals cannot always be trusted.