Will I have to accept 50/50 liability for car 'incident' that wasn't my fault?

SkintMonkey

I hope this is the right place to post this:

At the end of October I was about to leave the car park of my local shop and I reversed out of the space, paused to change into first gear and the woman parked right next to me started reversing out towards me, I beeped my horn but she carried on oblivious and went into the front of my car. Her first words when she got out of the car was 'sorry, I was looking at that car over there' - another car was parked near by with its reverse lights on but NOT moving. She was reluctant to exchange details but eventually I managed to get all the necessary info from her.

There weren't any witnesses (the chap in the parked car was on his mobile and oblivious) and I had a passenger my husband, but he doesn't count. No obvious damage on her car, but on mine there ended up being £250 worth of damage.

The woman's insurance company offered me a 50/50 split liability settlement which I refused as it wasn't my fault. My insurance company have had to keep on chasing the other company for paperwork etc and we are waiting for a copy of the woman's statement and diagram and the latest update is that she is alleging that the car was parked at the time of the incident.

As you can imagine I'm furious as she is lying and I will continue to be out of pocket. My insurance company have said that if she maintains this account then it will be likely that we will have to settle on a 50/50 basis.

This has never happened to me before (thank goodness) so I am a bit bewildered. Any advice? Am I likely to have to accept 50/50?

Any advice would be welcomed. I hate dishonest people. She even had a cross in the front of her car - what a hypocrite.

Thanks guys.

mattymoo

Depends on how strong your principals are although I agree, it is frustrating when people wriggle and lie like this. I've no idea why, they do not gain because her insurer will disallow her NCD for 50/50 just the same as if she accepted the blame.

From your own insurers point of view, there is no economic sense to spending £1000-£3000 (cost of solicitors for court hearing) to recover £250 instead of £125.

However, if you wanted to, you could do your own thing. Now, before I explain this, I last dealt with this stuff in 1994 so it really needs someone like Mr Bear to come along and verify what I say will work.

1) Tell your insurers not to agree any settlement as to do so would prejudice (i.e. scupper) your claim.

2) Go to the local county court and ask for the forms for a new case under the small claims procedure. Use this to reclaim your excess (say £100) plus any other uninsured losses such as bus fares, hire car etc that you have directly incurred and have receipts for. You can do this online as well.

3) Hand over the issue fee (between £40-£50 estimated).

4) They issue procedings on the woman who in turn passes it to her insurers. They suddenly realise you are serious and cave in. They will reimburse the court fee as well.

alternatively,
a) they screw up and fail to lodge a defence so you press ahead to judgement in default.
b) they decide to defend (I think this unlikely) and a date for court hearing is set. The hearing will be informal and will hear both sides version of events. Now for some tact.

You mention the cross in her car suggesting religion. If she is a nun or devout christian, she may come across as more believable than you if you are a young chav about town or big hairy arsed builder. As you understand, it is one persons word against another and the judge will decide who he believes and will be influenced by his personal impression of you both.

Assuming you win, tell your insurer who will then recover their outlay and allow your NCD.
If you lose, you should not be at risk for costs but as I say, I need someone like Mr Bear to confirm this.
Note, if you try to claim injury, the case cannot be heard under small claims procedure and that would put you at risk for costs.

lolarentt

I know it is very frustrating but really it isn't worth pursuing for the amount involved. The offending woman isn't allowed to say it was her fault, it can invalidate her insurance, so the only chance of your winning a claim is if you have a valid witness, which you haven't. Car park prangs are nearly always treated as 'knock for knock' by insurance companies. The same thing happened to me 18 months ago, the woman in question apologised at the time and a couple of weeks later a claim came through from her company describing how I had reversed into her car while she was parked!!

SkintMonkey

Thanks guys, I think I will just have to except that it happens and get over it - but it does make you :mad: :mad: :mad: :mad: !!!

As we've got her details my husband said he was tempted to contact her directly, but he has since resisted the temptation, thankfully!

going2die_rich

Can't you find out where she lives from her car reg? Pay her a visit and "help" her see the error of her aways.

mattymoo

lolarentt wrote: »

I know it is very frustrating but really it isn't worth pursuing for the amount involved. The offending woman isn't allowed to say it was her fault, it can invalidate her insurance, so the only chance of your winning a claim is if you have a valid witness, which you haven't. Car park prangs are nearly always treated as 'knock for knock' by insurance companies. The same thing happened to me 18 months ago, the woman in question apologised at the time and a couple of weeks later a claim came through from her company describing how I had reversed into her car while she was parked!!

Insurers don't want anyone admitting fault at the scene because people may feel pressured into admitting blame when in fact they were the innocent party.

However, it looks like this woman has lied to her insurers when she described the accident circumstances and there is no excuse for that.

going2die_rich

SkintMonkey wrote: »

As we've got her details my husband said he was tempted to contact her directly, but he has since resisted the temptation, thankfully!

Send her a letter that isn't too polite but at the same time isn't threatening. Obviously don't sign it or put your address on it. Maybe being reminded that you have her address will help her change her mind.

After all, there are people that would have turned up at her door and started beating her to see sense if she made out it wasn't her fault. Not everyone will waste their times through the courts

Millie's_Mum

I don't see what the harm is in contacting her directly, as long as you can stay calm and just say that you can't understand why the insurance co is suggesting 50/50 when she reversed into you?

At least that way you will have heard her version of events straight from the horses mouth as it were and will therefore know what you are dealing with.

At the very least you should wait until you have her statement before agreeing to anything.

I

SkintMonkey

I've just looked her on the internet and she is very close by - she runs a large guest house in the area. We only gave her our insurance company name, my name, car reg and phone number (not address) and she wouldn't be able to look us up as we are ex directory.

I'll wait and see what the diagram and her statement looks like and then I may seriously look at sending her a letter - possibly directly or via the insurance company.

It is one thing not accepting that it is your fault, I know the golden rule is not to say out loud to the other party 'sorry, my fault', BUT to actually lie about what happened is simply outrageous.

lolarentt

DON'T get more involved - leave it to the insurance companies. If you want to relieve your frustration try a wax doll and pins, but don't get into direct contact.

SkintMonkey

How funny, I just found her email address - the power of the internet (oh and it helps when the person has their own business they advertise on line) - but I will control myself....