Driver accepts liability, now denies it.

Driver accepts liability, now denies it.

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Discussion

B.J.W

Original Poster:

5,782 posts

214 months

Tuesday 8th July 2014
quotequote all
Some advice here much appreciated....

I'll give the abridged version.

My truck is parked outside my house
Neighbour comes over to me

"I'm very sorry, I've just reversed my car into your truck. I'm very sorry, I will pay for damage"

He doesn't want to go through insurance and asks me to get a cash repair quote.

Bill for repair is £1500. When presented with this he flips his lid.

It's now going through insurance. I have a witness who saw him come over to me and heard the conversation with him accepting liability.

I spoke to my insurer today. The other party is now denying he hit my car. I've taken pictures of the damage to his car and mine and set them off to the insurer. His insurer says that they won't accept a 3rd party statement about the overheard conversation. The damage to his car is negligible.

He's now saying that I'm harassing him and that he's scared to take his kids to the car. I haven't spoken to him since the incident, other than today when he smiled and waved at us when he drove up.

I'm at my wits end! Any thoughts on next steps?


anonymous-user

53 months

Tuesday 8th July 2014
quotequote all
On the face of it if the witness corroborates your statement you have a good case.

Approach your insurer and if they won't run with it, approach an accident management company and see if they Will take the case on.


supertouring

2,228 posts

232 months

Tuesday 8th July 2014
quotequote all
>His insurer says that they won't accept a 3rd party statement about the overheard conversation.

Why not? So if a 3rd party saw the incident, would they not accept that also?

Isn't that what having a witness is all about?

B.J.W

Original Poster:

5,782 posts

214 months

Tuesday 8th July 2014
quotequote all
I can't understand why his insurer won't accept the statement of a independent witness who heard him accepting full liability. I thought this would be ironclad!
My insurer is trying to be helpful, but they say there is nothing they can do!

PurpleMoonlight

22,362 posts

156 months

Tuesday 8th July 2014
quotequote all
Issue a county court claim against him and see if his insurers are still as keen to deny liability.

JimbobVFR

2,679 posts

143 months

Tuesday 8th July 2014
quotequote all
Who's the witness? Could it be the ins co. doubt the witness is impartial?

Jasandjules

69,825 posts

228 months

Tuesday 8th July 2014
quotequote all
PurpleMoonlight said:
Issue a county court claim against him and see if his insurers are still as keen to deny liability.
Write to them first setting out that a third party (I trust independent?) witness will be accepted by a court and accordingly you invite them to settle the claim in full, else you will have no alternative but to issue a claim.

HenryJM

6,315 posts

128 months

Tuesday 8th July 2014
quotequote all
A truly independent witness is one neither of you knew beforehand, does this witness qualify or is a relative or friend?

calibrax

4,788 posts

210 months

Tuesday 8th July 2014
quotequote all
First you say he hit your truck, then you say he denies hitting your car. Which is it, car or truck?

B.J.W

Original Poster:

5,782 posts

214 months

Tuesday 8th July 2014
quotequote all
calibrax said:
First you say he hit your truck, then you say he denies hitting your car. Which is it, car or truck?
It's a Navarra.(car/truck)

B.J.W

Original Poster:

5,782 posts

214 months

Tuesday 8th July 2014
quotequote all
HenryJM said:
A truly independent witness is one neither of you knew beforehand, does this witness qualify or is a relative or friend?
Next door neighbour - we are on 'hello' terms, but not friends

B.J.W

Original Poster:

5,782 posts

214 months

Tuesday 8th July 2014
quotequote all
Jasandjules said:
PurpleMoonlight said:
Issue a county court claim against him and see if his insurers are still as keen to deny liability.
Write to them first setting out that a third party (I trust independent?) witness will be accepted by a court and accordingly you invite them to settle the claim in full, else you will have no alternative but to issue a claim.
That's really helpful. Thank you

Jasandjules

69,825 posts

228 months

Tuesday 8th July 2014
quotequote all
B.J.W said:
Next door neighbour - we are on 'hello' terms, but not friends
I would point this out in your letter to the insurer as well. The witness is a neighbour I..e not a friend or relative thus a wholly independent party.

JQ

5,691 posts

178 months

Tuesday 8th July 2014
quotequote all
I've just been through something similar - 3rd party hits me then lies to his insurance company. They won't accept liability due to their insured providing a completely different version of events, despite me having numerous photos and a witness. I spent 2 months trying to sort it out myself then gave up and spoke to Europa Consultants (PH'er), who were superb. They sorted everything. I really did think I could sort it myself as I also thought it was a cut and dried case, but it's just not that simple when people lie.

Good luck getting it sorted.

LoonR1

26,988 posts

176 months

Tuesday 8th July 2014
quotequote all
The "advice" on this thread is abysmal.

1. An insurer will accept a witness statement from someone who saw the accident and will ask for that info. Them witnessing a conversation is irrelevant.

2. An accident management company. Really? The type of company that want easy non fault claims so as to maximise their income and cash flow. Can you really see one taking this on. Hint. Highly unlikely.

3. Do not start issuing proceedings on your own. You'll make a pigs ear of it. Here's a tip as to why. Can you explain the impact your case will have on the subrogated rights of your insurer?

4. Just tell your insurer to ask the other side for an independent examination of your neighbours vehicle. If he refuses ask them to issue proceedings. Of course this is a game of brinksmanship, either side can fold if the costs are looking likely to spiral.

5. Why do people without a clue continue to post as if they know what they are talking about in threads like this?

anonymous-user

53 months

Tuesday 8th July 2014
quotequote all


A witness doesn't necessarily have to witness the incident.

I can think of quite a few Accident Management Companies who will take it on with a witness statement.

As the OP has already had the knock back from the TP insurer it seems perfectly reasonable to me.

If the story is true the TP needs fking with a big stick. His insurer should pursue him for any increase in costs and he should be blacklisted.






Edited by anonymous-user on Tuesday 8th July 23:00

numtumfutunch

4,704 posts

137 months

Tuesday 8th July 2014
quotequote all

I witnessed HGV vs parked car in a narrow side street a couple of years ago
The car was heavily damaged

I left my details on a note under a wiper and also reported it to a policeman who had heard the noise but didnt see it

In my eyes it was simple, I was an utterly impartial witness and gave an excellent description of the driver, vehicle and its registration number
The copper corroborated that he had heard something but had only seen the HGV drive off not the crash itself

Parked cars insurance got in touch and I gave a statement to them

Fast forward a year and I phoned for an update:
HGV driver denied responsibility and insurance didnt pursue it, police didnt take any action either

Depressing


Elysium

13,755 posts

186 months

Wednesday 9th July 2014
quotequote all
Surely the next step is to have a quiet word with your neighbour?

"There seems to be some kind of mix up here because you came to me to admit you had crashed into my car and now your insurer is telling me you are denying it ..."


pork911

7,086 posts

182 months

Wednesday 9th July 2014
quotequote all
B.J.W said:
Some advice here much appreciated....

I'll give the abridged version.

My truck is parked outside my house
Neighbour comes over to me

"I'm very sorry, I've just reversed my car into your truck. I'm very sorry, I will pay for damage"

He doesn't want to go through insurance and asks me to get a cash repair quote.

Bill for repair is £1500. When presented with this he flips his lid.

It's now going through insurance. I have a witness who saw him come over to me and heard the conversation with him accepting liability.

I spoke to my insurer today. The other party is now denying he hit my car. I've taken pictures of the damage to his car and mine and set them off to the insurer. His insurer says that they won't accept a 3rd party statement about the overheard conversation. The damage to his car is negligible.

He's now saying that I'm harassing him and that he's scared to take his kids to the car. I haven't spoken to him since the incident, other than today when he smiled and waved at us when he drove up.

I'm at my wits end! Any thoughts on next steps?
Are you fully comp? Is the truck driveable?

Since you have presumably given as much information in your OP to your insurer, the photos and the witnesses' details you should respond to any of your insurer's requests, chill and ignore the guy who hit your truck.

Most of the posts in this thread are absolute bks.

SK425

1,034 posts

148 months

Wednesday 9th July 2014
quotequote all
LoonR1 said:
1. An insurer will accept a witness statement from someone who saw the accident and will ask for that info. Them witnessing a conversation is irrelevant.
I'm surprised by that one. If you're trying to establish what happened, why would a witness who heard someone explain what happened be irrelevant?