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Car accident - third party not admitting fault

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  • Car accident - third party not admitting fault

    I was in a car accident last week - I was due to pull out of a housing estate on to a main road. Pulled up to the junction, checked to my right, saw a car coming so didn’t pull out. I was pretty near stationary at this point. Driver behind me (who had been very close to me the whole way through the estate) smacked straight in to the back of my car. Damage to my rear end and his front, police called by a passing paramedic as he witnessed man being ‘aggressive’ towards me. I’m now signed off work for 2 weeks with whiplash. I’ve just heard from my insurance company and the man is refusing to admit any fault. I’ve never had an accident before - could this one be looked at as my fault in any way?
    Tags: None

  • #2
    If he ran into the back of you as you were slowing down for a junction then his fault. Wonder why he thinks it is not.

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    • #3
      At the time the man was shouting claiming that I shouldn’t have stopped as there was no car coming. There was!

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      • #4
        Makes no difference, he should have stopped. He was probably looking to the right as well instead of what was in front of him

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        • #5
          Agree he was looking right as that’s the direction he was going. I was turning left. I’ve not been in an accident before so wondered how likely insurance was going to accept he wasn’t at fault given the facts. Not sure what he’s said to his insurance other than not his fault!

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          • #6
            Just sit it out and see what the insurance companies come up with

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            • #7
              Unless you reversed into him which I'm sure you didn't, he is at fault.

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              • #8

                From your explanation, I felt like it was the other person's fault, and I wonder why he is refusing that! Your insurance firm will take care of many things behind the scenes you won't be aware of. This can take a long time in some cases (I had this process take nearly a year once). You may be refunded your deductible if it is found that the other driver was at fault for some reason. Don't admit fault; instead, offer an objective account of what happened. Allow them to choose whether or not they want to use it in light of the evidence. When I had such a similar situation earlier, my lawyer (https://www.sginjurylaw.ca/personal-...car-accidents/) helped me immensely, and I got the refund. You could also visit your lawyer for more clarifications and advice.

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                • #9
                  Georgiya98 Does your lawyer do international travel then?

                  You mentioned that a passing paramedic called the police. Did the police attend?
                  Last edited by ostell; 12th March 2021, 09:56:AM.

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                  • #10
                    You were not responsible. Even after police attended an accident I was involved in, cautioned other driver and have him chance of driver improvement course he still said it was my fault.
                    It will take time but stay firm.

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                    • #11
                      No, the driver behind is always to blame, and in general, the most important thing is that you are alive, and I am glad. I also recently got into an accident. I was advised to immediately contact an accident lawyer and even sent an article describing when and why I should contact an accident lawyer -- https://www.sutliffstout.com/faqs/do...-car-accident/. I think you need it now to study the information in detail because you can still get compensation from the person who crashed into you. Moreover, he does not want to admit his guilt. Still, if you are in court with such lawyers, that person will get what he deserves and receive more compensation. Good luck.

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                      • #12
                        It shouldn't surprise anyone that the guilty party in a road incident will blame everyone but himself.
                        To an extent this is an extension of the advice that if you are involved you should never admit liability as it may compromise your insurer's position and in extreme cases even lead them to void your policy!
                        Somewhere in the policy it will state something along the lines of "Anyone claiming under this policy must not admit to any claim, promise any payment or refuse any claim without our consent."

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