Urgent advice needed re car accident liability dispute
Discussion
Hi everyone
I need some urgent advice please. Sorry it's a long one
My partner is a named driver on my insurance and was involved in an accident in June, driving down a main road, lanes merge from 2 to 1, no road markings though. My partner in left hand lane 3rd party in right and merging with left. 3rd party hit the drivers side of my car, middle of car to boot end (it's a nissan qashqai) 3rd party slammed the brakes on and turned left, my partner stopped waited for oncoming traffic to clear did a u turn to try and find her but she had vanished.
This was on a Friday at 19.30, over weekend I try to contact local police, no answer, stupidly didn't tell my insurance. 2-3 weeks later I get a text from my insurance to say they have been informed of an accident, this lady is now claiming my partner hit her. Fled the scene and is now claiming for 5 people in the car , my partner is an honest man and confirms on,t 2 were in the car. Plus 3rd party also called police and ambulance to scene, but my partner simply looked for her for a couple of minutes, couldn't find her so left the scene, confirming no one was around.
My insurers Are useless, I've found several inconsistencies in her story yet I'm having to point them out. She's claiming she was ahead of my vehicle and eh path was clear although she knew her lane was merging into my vehicles path but saw another car blocking the road, partially but as her view was clear continued to drive and that my partner swerved and hit her car, yet, the damage to her car, according to her statement is on the passenger front!! Surely if she was I front of my vehicle her damage would be to the rear? My ins have offered 50/50, not what I wanted to do but was advised this was best option, the 21 days offered to accept have passed and basically I'm being told I've not got much of a choice as 3rd party has witnesses, 1 admitting they "heard a bang" and the other a minor travelling in the 3rd parties car.
I'm being told I'll loose everything and all 3rd party passengers are claiming, plus I'll loose all my mo claims.
What the hell do I do?
Any advice is greatly appreciated.
Think about it, you pay your premiums for exactly this reason. I dont believe it matters whos at fault and personally i would point out whatever you think necessary to the insurance co and just let them do whatever its easier/cheapest for them. It will be a 50/50 but honestly because you forgot to notify your ins co will look bad therefore more credibility to the other party
shred2bits said:
Think about it, you pay your premiums for exactly this reason. I dont believe it matters whos at fault and personally i would point out whatever you think necessary to the insurance co and just let them do whatever its easier/cheapest for them. It will be a 50/50 but honestly because you forgot to notify your ins co will look bad therefore more credibility to the other party
I agree with this. Any money spent on legal advice will probably set you back more than next year's insurance premium increase (which will be quite a bit smaller than you're thinking), and for the same result- 50/50 is probably the best you can hope for. Golden rule, stop at the scene of the accident, exchange details and take photos. If the third party leaves the scene phone the police and wait for them to arrive. Leaving the scene of an accident without doing the above is an offense. Mostly though, put it down to experience and don't lose any sleep over it. It doesn't matter.
Of course if they're making false claims then inform the insurance company but it's their money ultimately so let their legal team investigate it if they want to. As far as you're concerned a 50/50 claim is a 50/50 claim and the amount paid out doesn't impact the premium increase- in fact you're not even obligated to disclose it, most claimants never find out what their claim cost once all said and done.
Edited by BritishRacinGrin on Wednesday 22 October 02:47
Sorry i can not help or give advice... But you can understand why so many people are installing dash cams for incidents such as yours.
Maybe a dash cam is the way to go for the unforeseeable future,I don't have one myself but reading stories like yours really makes me think I should.
Good luck with the outcome.
Maybe a dash cam is the way to go for the unforeseeable future,I don't have one myself but reading stories like yours really makes me think I should.
Good luck with the outcome.
It gets better, 1 of the passengers has now been identified as a 14 week old baby
Apparently! I've been told by my insurance that unless I have physical evidence to prove there were only 2 people in the 3rd party vehicle then I don't have a leg to stand on!
The accident happens at 19.30 on a Friday, by the Saturday morning a no win no fee solicitor was instructed, on the Monday they all took themselves off to hospital!
Apparently! I've been told by my insurance that unless I have physical evidence to prove there were only 2 people in the 3rd party vehicle then I don't have a leg to stand on!
The accident happens at 19.30 on a Friday, by the Saturday morning a no win no fee solicitor was instructed, on the Monday they all took themselves off to hospital!
Mrsme said:
I'm being told I'll loose everything and all 3rd party passengers are claiming, plus I'll loose all my mo claims.
Why will you lose "everything" and "all your no claims" (unless you only have 2yrs)?You should have reported this to both the Police and your insurers. But it might not have helped anyway. Basically hard luck, but it's why you pay for fully comp insurance - let them deal with it.
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