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Car accident, other driver lying

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  • Car accident, other driver lying

    Hello, I am looking for a little advice.

    I was in a car accident at end of 2023. I was driving down a busy Main Street and the car in front of me indicated left and pulled over (stopped). I continued on, overtaking them, and as I was just passing the front of their car they indicated right and pulled out and hit the back left side of my car. Fortunately I had very little damage (a couple of small scratches and a crack back left end of car by wheel arch). We exchanged details (they were a new driver and had a one of those insurance box things in car). No-one was injured and the other driver made me wait in the rain for her dad to come who then asked me what do we do. At no point did they admit fault, however, they stated that they were indicating when they pulled out so it was not their fault (apparently they didn’t think they needed to check that there wasn’t another car in the way before pulling out). Anyway, it was late and dark and hammering down with rain so I could not take photos or even see any damage to my car but the front right of the other drivers car was all smashed up. I phoned insurance company as soon as I got home (I tried the police at the scene and again at home, no-one answered the phone, so was never reported to them, I know, I should’ve kept trying but my insurance company said that it was ok).

    Long story short, I haven’t heard anything since jan 2024 so emailed for an update yesterday (have had a lot going on at home and this was kind of put on back burner cos I was waiting for insurance company to contact me). Insurance company phoned me and the other driver is claiming damages and 100% my fault and have stated they were stationary and I hit them. I asked my insurance company how that would be possible considering where the damage is on both cars. Am really annoyed that they are lying. I have to wait till 25th March as this is the date when they will chase other insurers again. I have stated that I dispute this version of events and I will not accept full liability, even if this means going to court.

    My question is, given that they were on my left side and I was going past them and the damage is to the front right of their car and the scratches and crack are the back left of my car by the wheel arch, will this show that they hit me a couldn’t have been stationary? I am not sure how impacts work, is there a common standard like if the car that impacts has the most damage? May be a silly question.

    Assuming that the other driver does not back down (my insurance wants to settle 50/50 liability, which is annoying but understandable as there are no witnesses (everyone on the road just continued on and didn’t stop and there were no passers by). Should I get my own solicitor now or at all if it goes to court?

    If it does go to court, what happens? Would the damage show that they were not stationary and that they are lying? Would the box in their car from insurance company show the speed they were going at the time of the accident? I am not sure how these work.

    Any advice would be much appreciated.

    Thanks
    Tags: None

  • #2
    When you reported the accident to your insurance company, did they send you a form to complete and return?
    Normally the form asks for a diagram of the position of the vehicles at the time of the collision
    Your diagram should have shown the other vehicle at an angle to the kerb with the front of their car touching the rear nearside of your car

    Without any witnesses or photos it is going to be almost impossible for the other driver to prove the accident was your fault
    Did you make an insurance claim to repair damage to your car and pay an excess?

    Comment


    • #3
      If you didn't make a claim and pay an excess, with a 50/50 split liability (which your insurance company wants) you may end up having to pay the excess charge on your policy
      Under a 50/50 split each driver's insurance company pays 50% of the other driver's claim. Your insurance company will end up paying half the repair cost of the other driver's car which was extensively damaged
      You should write to your insurance company maintaining the accident was totally not your fault, repeating that the other car pulled out from a stationary position hitting the side of your car

      Comment


      • #4
        Thank you both for the replies. No, I didn’t make a claim for the damage to my car (family member owns a garage and will fix for me), I just informed them of the accident and gave them 3rd party details. I have stuck to the facts and repeated to the insurance company that I was not at fault and that the 3rd party pulled out into the road and hit me. Yes, I did follow out the form insurance company sent the day after accident and drew diagram of accident as well, this was returned the same day via email. On further research it seems unlikely 3rd party insurance would claim I am 100% at fault without evidence (my research suggests an insurance company would normally aim for a higher split as a negotiation tactic and not usually a full 100% my fault) so I have asked what evidence they have to support this claim (I know 3rd party had black box in car and am presuming this is the evidence as there were no witnesses or a police report). Whether I get it or not is another story. I have also mentioned to my insurance company that 3rd party claiming their vehicle was stationary at the time of the accident is possibly insurance fraud (they were definitely not stationary) and given reasons for this suspicion (new driver at risk of losing insurance and higher premiums etc., as well as the damage to vehicles not supporting that they were stationary (we were facing the same direction on same side of the road, don’t know how my back end could have hit her supposedly stationary vehicle). Guess I will just have to wait and see what happens, hate that this is all taking so long.

        Comment


        • #5
          I'm quite sure a black box fitted to a car for insurance purposes is not sufficiently accurate to determine a driver moved a yard or so from a stationary position at a particular point in time
          A dashcam would though

          Comment


          • #6
            Thanks, not sure if they had a dash cam. I may need to get one for myself now though. Good to know, thank you.

            Comment

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