Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Senator24
    • By Senator24 10th Nov 18, 8:56 AM
    • 3Posts
    • 0Thanks
    Senator24
    Help Please - Insurance Company Don't Want To Help me
    • #1
    • 10th Nov 18, 8:56 AM
    Help Please - Insurance Company Don't Want To Help me 10th Nov 18 at 8:56 AM
    Hi,


    So I've been in a battle for the last two years against a couple who wrote off my vehicle after speeding through a red light and hitting my car, writing it off as a Category B write off. At the time of the crash my son got out and took pictures of my car, their car and where the crash happened.


    After months of waiting the third party claimed to have a dash cam in their car, despite there not being one in the pictures we took. They sent through dash cam footage which did not show the following.


    * My car was not seen anywhere in the footage.
    * I was not seen anywhere in the footage.
    * Raindrops were on the third party's windscreen, despite there being no raindrops in our pictures.


    And the biggest and worst part of their footage was that their camera moved and then came the sound of a loud bang. I slowed down their footage and the moving footage changes briefly to three pictures which fade in and out, the three pictures are of a white car - mine was white - but this does not prove that it is my car, you can't even see the number plate. In their first picture I am supposedly behind them, then in their second one I am driving alongside them before stopping behind them.


    When they hit my car I was indeed alongside them, but then pulled over behind them. How could I have been behind and then alongside them? After my headlamp exploded and the wing bent inwards bending the chassis I certainly didn't speed up...


    In their footage the woman driving says "I saw him coming and knew I had to speed up."
    When I was driving across the junction and saw them out of the corner of my eye approaching, I hit the brakes and turned, hoping they would turn and go beside the car, but she made no effort of turning whatsoever.


    They have sent through the "full" footage which shows two minutes of them driving along the motorway to where the crash happened. There's no speech until the crash happens, rain on the windscreen and you can see the bottom of their dashboard in the footage, which suggests their dash cam is at the bottom of the windscreen, but in our pictures there's no camera anywhere.
    After the crash they get out of the car and close the doors, despite the doors being closed voices can be heard. One voice they claim to be mine says - "Sorry, I don't know what happened. It was too late I didn't see the lights." The voice is similar to mine but I do not recall saying this whatsoever... But my insurance company want to back out now. I am so disappointed in them and now am at a loss of what to do...


    They want to back out just because a voice is heard. It might not even be me, I fail to see how that can be used as evidence when my vehicle a classic Vauxhall and myself are not even seen?
    Also when the voices start there's a strange bleeping sound which says to me like most of the footage it has been edited. I am sure of that. According to their statement we hit them at speed, the road they were going along has a clear view of the road we were on, nowhere in their footage is my car seen approaching that road...


    The afternoon after my crash they came to my house and noted that my car was not by the roadside anymore, I believe that is when they shot the phony dash cam footage. They lived in the opposite direction to that motorway so how on earth could they know my car was gone unless they went all the way up there again?



    My insurance company want to back out and now I don't know what to do. I don't want to lose this case, I loved my classic car and have never ever run a red light, especially as my wife and son were also in the car. I am not a bad driver.


    Our evidence is...


    * Pictures of everything. All the damage, both cars and the scene of the crash.
    * Pictures fade into their dash cam footage.
    * My car is not seen nor am I in their footage.
    * Raindrops are on their windscreen despite our pictures showing both cars and the road as completely dry.


    What should I do? I don't want to back down, I feel this is an insult to my driving ability and to my poor car. But I also don't want to make matters worse.


    Please help. Your assistance with this would be greatly appreciated.


    Many thanks.
Page 1
    • martinthebandit
    • By martinthebandit 10th Nov 18, 9:02 AM
    • 3,641 Posts
    • 6,256 Thanks
    martinthebandit
    • #2
    • 10th Nov 18, 9:02 AM
    • #2
    • 10th Nov 18, 9:02 AM
    Have you tried having a chat with the police, I suspect they would be quite interested in a case of fraud.
    Politics -
    from the words Poli, meaning many
    and tics meaning blood sucking parasites


    (thanks to Kinky Friedman (or Larry Hardman) for the quote}
    • BoGoF
    • By BoGoF 10th Nov 18, 9:40 AM
    • 3,608 Posts
    • 2,966 Thanks
    BoGoF
    • #3
    • 10th Nov 18, 9:40 AM
    • #3
    • 10th Nov 18, 9:40 AM
    To be of evidential standard the footage would need to be time stamped......do you know if it is?

    If insurance won't help you will need to take legal action
    • Senator24
    • By Senator24 10th Nov 18, 10:00 AM
    • 3 Posts
    • 0 Thanks
    Senator24
    • #4
    • 10th Nov 18, 10:00 AM
    • #4
    • 10th Nov 18, 10:00 AM
    Hi,


    I haven't spoken to the police, but after this I'm going to. Hopefully they can help me.


    @BoGoF
    This happened in 2016 and yet their dash cam is time and dated in 2014 and timed in the afternoon, even though the crash happened in the morning. I am so surprised that my insurance company want to fold as there's so much going against the third party here.


    I don't see how having the wrong date and time this could ever be used as evidence. Unless they can prove it was recorded that morning how could it be used in court?
    • BoGoF
    • By BoGoF 10th Nov 18, 10:01 AM
    • 3,608 Posts
    • 2,966 Thanks
    BoGoF
    • #5
    • 10th Nov 18, 10:01 AM
    • #5
    • 10th Nov 18, 10:01 AM
    Thats even more evidence of fraud. Have you raised a formal complaint with your insurer? Do you have legal cover on your policy?
    • BoGoF
    • By BoGoF 10th Nov 18, 10:09 AM
    • 3,608 Posts
    • 2,966 Thanks
    BoGoF
    • #6
    • 10th Nov 18, 10:09 AM
    • #6
    • 10th Nov 18, 10:09 AM
    It wouldn't stand up in court.....but thats your last option
    • Senator24
    • By Senator24 10th Nov 18, 10:43 AM
    • 3 Posts
    • 0 Thanks
    Senator24
    • #7
    • 10th Nov 18, 10:43 AM
    • #7
    • 10th Nov 18, 10:43 AM
    No not yet, but we're going to!



    I think the third party are just trying to scare us into backing out, I'm going to stand my ground and still proceed. I don't see them winning this.
    • Quentin
    • By Quentin 10th Nov 18, 10:47 AM
    • 37,874 Posts
    • 22,005 Thanks
    Quentin
    • #8
    • 10th Nov 18, 10:47 AM
    • #8
    • 10th Nov 18, 10:47 AM
    Whenever you are not happy with your insurance company the route to go down is a complaint in line with their complaints procedure

    Then if you are not happy with the reply or they ignore you for 8 weeks you can escalate to the FOS for their adjudication at no cost to you
    • angrycrow
    • By angrycrow 10th Nov 18, 2:12 PM
    • 588 Posts
    • 420 Thanks
    angrycrow
    • #9
    • 10th Nov 18, 2:12 PM
    • #9
    • 10th Nov 18, 2:12 PM
    Date and time stamp on dashcam footage is irrelevant in civil cases as it is manually set on most dash cams. The date not matching on the footage is not evidence of fraud.

    If the footage has not been tampered with and shows the collision it would be accepted by a civil court for resolving liability.

    Circumstances are not clear from your description so are you able to upload a copy of the footage so we can give views on the integrity of the footage and where it places you in terms of liability.
    • forgotmyname
    • By forgotmyname 10th Nov 18, 4:59 PM
    • 27,966 Posts
    • 11,360 Thanks
    forgotmyname
    How could you be alongside them when they ran a red light?

    You were behind them when they ran a red light and crashed into you?
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • csgohan4
    • By csgohan4 10th Nov 18, 5:42 PM
    • 5,150 Posts
    • 3,277 Thanks
    csgohan4
    Date and time stamp on dashcam footage is irrelevant in civil cases as it is manually set on most dash cams. The date not matching on the footage is not evidence of fraud.

    If the footage has not been tampered with and shows the collision it would be accepted by a civil court for resolving liability.

    Circumstances are not clear from your description so are you able to upload a copy of the footage so we can give views on the integrity of the footage and where it places you in terms of liability.
    Originally posted by angrycrow
    i set my dascam year to 2047 as it doesn't keep the date whenever i set it, it is the what the footage is that is more important
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

123Posts Today

1,689Users online

Martin's Twitter
  • I've just heard about the 8 month pregnant woman shot through the stomach by a crossbow. Its both evil and medie? https://t.co/hQTOxWiXhj

  • Major new guide... Brexit, what it means for you and your finances: M mortgages, savings, flights, consumer rights? https://t.co/SXCMG2qXwX

  • Have you haggled on the high street in the last year? If so who with and did you succeed? Please vote in this week? https://t.co/fdzmmFfA4u

  • Follow Martin