Insures want to admit liability to claim which is not my fault

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  • Car_54
    Car_54 Posts: 8,209 Forumite
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    Mistral001 wrote: »
    Based on the OP's description. Based on the other driver's admission.
    The other driver is not authorised to admit fault. And I very much doubt that he’d admit to a criminal offence.
  • MovingForwards
    MovingForwards Posts: 16,910 Forumite
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    Where exactly is the damage to your car and the third party's car?
    Mortgage started 2020, aiming to clear it in 2026.
  • Mistral001
    Mistral001 Posts: 5,349 Forumite
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    Mercdriver wrote: »
    That would not be enough for a criminal case to be brought which you are suggesting this could be.
    I am not suggesting anything like that. You or I are not prosecutors. The OP is not under scrutiny here. We have to accept what he says is correct. We have to accept that the other driver admitted that it was his fault at the scene.

    Maybe there is nothing the OP can do now, but if he had called the police at the time of the accident, he might have had a better outcome after statements were taken by them and a police report was available to the insurers.
  • Shaun_of_the_Dead
    Shaun_of_the_Dead Posts: 483 Forumite
    Mistral001 wrote: »
    I am not suggesting anything like that. You or I are not prosecutors. The OP is not under scrutiny here. We have to accept what he says is correct. We have to accept that the other driver admitted that it was his fault at the scene.

    Maybe there is nothing the OP can do now, but if he had called the police at the time of the accident, he might have had a better outcome after statements were taken by them and a police report was available to the insurers.

    I doubt the police would have got the pen out for this and they almost certainly wouldn't have taken any statements.
  • Car_54
    Car_54 Posts: 8,209 Forumite
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    Mistral001 wrote: »
    I am not suggesting anything like that. You or I are not prosecutors. The OP is not under scrutiny here. We have to accept what he says is correct. We have to accept that the other driver admitted that it was his fault at the scene.

    Maybe there is nothing the OP can do now, but if he had called the police at the time of the accident, he might have had a better outcome after statements were taken by them and a police report was available to the insurers.
    If the police had attended, they would have found no evidence of a crime apart from the OP’s claim, and no prospect of a successful prosecution. Why would they have bothered taking statements?
  • tanvir
    tanvir Posts: 53 Forumite
    Thanks for all the responses.

    There was no police report as we both agreed it was minor collision and he admitted liability at the scene so there was no need for police.

    I have minor scratches to my front bumper and the third party has a small dent on the rear bumper on the right. I had no option to go into him due to it being on the dual carriageway and if i was to swerve anywhere I would've hit other cars or they would've hit me
  • tanvir
    tanvir Posts: 53 Forumite
    Car_54 wrote: »
    The other driver is not authorised to admit fault. And I very much doubt that he’d admit to a criminal offence.

    As soon as the collision took place he came out the car and said "Sorry, i saw the giveway but i thought there is enough of a gap between me and you so committed to enter" doesn't this coult as his admission. It was my fault for not recording.. But i didn't see a need to at the time because he said he wanted to solve this outside insurance and wanted to settle paying after the xmas break
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    tanvir wrote: »
    ...and if i was to swerve anywhere I would've hit other cars or they would've hit me
    But none of those other drivers stopped and gave you their details?
  • tanvir
    tanvir Posts: 53 Forumite
    AdrianC wrote: »
    But none of those other drivers stopped and gave you their details?
    Unfortunately not, they were just horning and continued on their way as we have now caused a delay on the road and disrupted them during a time considered rush hour
  • tanvir
    tanvir Posts: 53 Forumite
    AdrianC wrote: »
    How near this junction was the impact? Do you have photographs?

    It was a dual carriageway - was your carriageway a single lane, did the driver of the vehicle in the other lane stop and offer to give a witness statement?

    They're right - 99% of the time, "I drove into the back of somebody on a straight bit of wide road" is going to be the fault of the driver behind - and it's going to be very hard to show yours is the 1% without some pretty compelling evidence.

    It's a very similar situation to this thread, and there's going to be a huge degree of crossover between the answers.
    https://forums.moneysavingexpert.com/showthread.php?t=6091773

    Like 2meters after he entered the dual carriageway from the giveway, the insurance saw the pictures and said they can see it is near the giveway but because it is not the full picture it can not be used to dispute the liability.
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