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  • FIRST POST
    • tanvir
    • By tanvir 15th Jan 20, 3:34 PM
    • 53Posts
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    tanvir
    Insures want to admit liability to claim which is not my fault
    • #1
    • 15th Jan 20, 3:34 PM
    Insures want to admit liability to claim which is not my fault 15th Jan 20 at 3:34 PM
    **Raising on motoring forum as i created on insurance forum **

    A week before xmas i was involved in a car accident where i went into the back of 3rd party at about 15-20mph, I fully believe this was not my fault.
    I was travelling on the dual carriageway at 50mph, There is a private road from where you turn left at a giveway to join the dual carriageway. The 3rd party just joined without stopping at the giveway which resulted in me braking and going into the back of him as there wasn't enough stopping distance nor was he travelling at a high enough speed to keep a decent gap.

    At the scene he admitted liability and was ready to settle this outside of insurance and said will be in touch in the new year to arrange payment.
    Fast forward the new year and my insurers tell me his insurers hold me liable and his submitted an injury claim .

    The issue is my insurance are saying they don't wish drag this on as i hit him from the back so 99% he is going to win and I would have to admit liability. They are not interested that he made a dangerous entry onto the dual carriageway etc and just want to settle this which i find very strange for an insurance company.

    There is no CCTV footage as the council confirmed it wasn't recording at the time and no witnesses available.

    Is there anything I can do to pressure my insurance to at least fight this properly? At the very least its my word against his since he has no CCTV or witness either, but my insurers want to admit liability and settle this?

    What can I do?
Page 1
    • foxy-stoat
    • By foxy-stoat 15th Jan 20, 3:43 PM
    • 5,731 Posts
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    foxy-stoat
    • #2
    • 15th Jan 20, 3:43 PM
    • #2
    • 15th Jan 20, 3:43 PM
    If only you had some dash camera footage to back up your version of events....his statement was, pulled out onto a dual carriageway with lots of room to spare and the third party went into the back of me.

    If it went to court with no witnesses then its likely they would side with the other party...if he pulled out and hit your passenger side then it would be different.

    You can do very little, unless you can get a witness to come forward.
    • Mistral001
    • By Mistral001 15th Jan 20, 3:52 PM
    • 4,269 Posts
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    Mistral001
    • #3
    • 15th Jan 20, 3:52 PM
    • #3
    • 15th Jan 20, 3:52 PM
    If only you had some dash camera footage to back up your version of events....his statement was, pulled out onto a dual carriageway with lots of room to spare and the third party went into the back of me.

    If it went to court with no witnesses then its likely they would side with the other party...if he pulled out and hit your passenger side then it would be different.

    You can do very little, unless you can get a witness to come forward.
    Originally posted by foxy-stoat
    Or if only the OP had called the police as it was clearly careless driving by the other driver.
    • AdrianC
    • By AdrianC 15th Jan 20, 4:01 PM
    • 27,591 Posts
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    AdrianC
    • #4
    • 15th Jan 20, 4:01 PM
    • #4
    • 15th Jan 20, 4:01 PM
    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
    • Car 54
    • By Car 54 15th Jan 20, 4:03 PM
    • 4,933 Posts
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    Car 54
    • #5
    • 15th Jan 20, 4:03 PM
    • #5
    • 15th Jan 20, 4:03 PM
    Or if only the OP had called the police as it was clearly careless driving by the other driver.
    Originally posted by Mistral001
    Clearly? Based on what?
    • Mistral001
    • By Mistral001 15th Jan 20, 4:11 PM
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    Mistral001
    • #6
    • 15th Jan 20, 4:11 PM
    • #6
    • 15th Jan 20, 4:11 PM
    Clearly? Based on what?
    Originally posted by Car 54
    Based on the OP's description. Based on the other driver's admission.
    • AdrianC
    • By AdrianC 15th Jan 20, 4:14 PM
    • 27,591 Posts
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    AdrianC
    • #7
    • 15th Jan 20, 4:14 PM
    • #7
    • 15th Jan 20, 4:14 PM
    Based on the OP's description.
    Originally posted by Mistral001
    If it's accurate.

    Based on the other driver's admission.
    You mean based on the OP's claims about the other driver's admissions.

    I'm not saying the OP is lying. I'm saying that there is no evidence either way. Two people know the truth, and they're saying different things. They may very well both believe their account is accurate. That is not enough for any kind of prosecution.
    • Mistral001
    • By Mistral001 15th Jan 20, 4:35 PM
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    Mistral001
    • #8
    • 15th Jan 20, 4:35 PM
    • #8
    • 15th Jan 20, 4:35 PM
    If it's accurate.


    You mean based on the OP's claims about the other driver's admissions.

    I'm not saying the OP is lying. I'm saying that there is no evidence either way. Two people know the truth, and they're saying different things. They may very well both believe their account is accurate. That is not enough for any kind of prosecution.
    Originally posted by AdrianC
    I am giving the benefit of the doubt to the OP.
    Last edited by Mistral001; 15-01-2020 at 4:37 PM.
    • debtdebt
    • By debtdebt 15th Jan 20, 4:44 PM
    • 910 Posts
    • 643 Thanks
    debtdebt
    • #9
    • 15th Jan 20, 4:44 PM
    • #9
    • 15th Jan 20, 4:44 PM
    The insurer can dispose of any third party clams as they like. It is contained in the terms and conditions of your policy.
    • Mercdriver
    • By Mercdriver 15th Jan 20, 4:49 PM
    • 3,040 Posts
    • 2,102 Thanks
    Mercdriver
    I am giving the benefit of the doubt to the OP.
    Originally posted by Mistral001
    That would not be enough for a criminal case to be brought which you are suggesting this could be.
    • AdrianC
    • By AdrianC 15th Jan 20, 4:51 PM
    • 27,591 Posts
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    AdrianC
    I am giving the benefit of the doubt to the OP.
    Originally posted by Mistral001
    "Beyond reasonable doubt"?
    • Car 54
    • By Car 54 15th Jan 20, 4:52 PM
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    Car 54
    Based on the OP's description. Based on the other driver's admission.
    Originally posted by Mistral001
    The other driver is not authorised to admit fault. And I very much doubt that hed admit to a criminal offence.
    • MovingForwards
    • By MovingForwards 15th Jan 20, 4:54 PM
    • 3,040 Posts
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    MovingForwards
    Where exactly is the damage to your car and the third party's car?
    • Mistral001
    • By Mistral001 15th Jan 20, 5:05 PM
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    Mistral001
    That would not be enough for a criminal case to be brought which you are suggesting this could be.
    Originally posted by Mercdriver
    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
    • By Shaun of the Dead 15th Jan 20, 5:16 PM
    • 380 Posts
    • 298 Thanks
    Shaun of the Dead
    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.
    Originally posted by Mistral001
    I doubt the police would have got the pen out for this and they almost certainly wouldn't have taken any statements.
    • Car 54
    • By Car 54 15th Jan 20, 5:17 PM
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    Car 54
    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.
    Originally posted by Mistral001
    If the police had attended, they would have found no evidence of a crime apart from the OPs claim, and no prospect of a successful prosecution. Why would they have bothered taking statements?
    • tanvir
    • By tanvir 15th Jan 20, 5:58 PM
    • 53 Posts
    • 5 Thanks
    tanvir
    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
    • By tanvir 15th Jan 20, 6:02 PM
    • 53 Posts
    • 5 Thanks
    tanvir
    The other driver is not authorised to admit fault. And I very much doubt that hed admit to a criminal offence.
    Originally posted by Car 54
    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
    • By AdrianC 15th Jan 20, 6:02 PM
    • 27,591 Posts
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    AdrianC
    ...and if i was to swerve anywhere I would've hit other cars or they would've hit me
    Originally posted by tanvir
    But none of those other drivers stopped and gave you their details?
    • tanvir
    • By tanvir 15th Jan 20, 6:03 PM
    • 53 Posts
    • 5 Thanks
    tanvir
    But none of those other drivers stopped and gave you their details?
    Originally posted by AdrianC
    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
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