Car accident: Other driver saying witness isn't independent

[David9384]

I refer to my initial thread:
https://www.pistonheads.com/gassing/topic.asp?h=0&...

My insurance company have informed me that the other drive is saying me and the independent witness know each other. The other drive has informed their insurance company that me and the independent witness were speaking about past occurrences.

I don't know the independent witness, we have nothing in common, the witness is well beyond my age and in life.

What will happen?

[sandman77]

I don’t know but surely the insurance company are used to this kind of thing? I’m sure they have heard it all before and hopefully will ignore these claims.

[Chrisgr31]

I don't know but to a certain extent it should be irrelevant. Its very difficult to drive in to someone with the side of your car, so by definition he has to have driven in to the side of you.

I would just respond to the insurance company that you do not know the witness, and are prepared to say so in court.

[David9384]

Chrisgr31 said:

I don't know but to a certain extent it should be irrelevant. Its very difficult to drive in to someone with the side of your car, so by definition he has to have driven in to the side of you.

I would just respond to the insurance company that you do not know the witness, and are prepared to say so in court.

Yeah, my car was damaged in the rear left hand side area (wheel arch area, rear left side door etc). He is saying that I drove in to him... but my damage is only to the rear left side, no where else.

I have responded saying I don't know the witness, and my insurance says the next step will be one more warning, then proceedings.

[Mo28]

From working at a solicitors, these kind of things are not rare. They tend do checks on social media and see if you're friends and just leave it at that.

It might be time to invest in a dashcam.

[StevenB]

I would have thought in my non legal brain that's for the other party to prove, what he is claiming is hearsay nothing to back it up

[paintman]

The other driver is (possibly) telling their insurance company a load of bks.
No surprise there.
Assuming that you genuinely don't know the witness & there is no evidence whatsoever to show the contrary stick with your account.

[David9384]

Mo28 said:

From working at a solicitors, these kind of things are not rare. They tend do checks on social media and see if you're friends and just leave it at that.

It might be time to invest in a dashcam.

I don’t even use Social Media, I don’t even know the know the witness.

[David9384]

paintman said:

The other driver is (possibly) telling their insurance company a load of bks.
No surprise there.
Assuming that you genuinely don't know the witness & there is no evidence whatsoever to show the contrary stick with your account.

Yeah they are proper scrotes. Why do their insurance company listen to this crap?

I am sticking to it.

[David9384]

anonymous said:

[redacted]

They haven’t presented any evidence. It’s only our wife that has presented evidence from photographs, to witness statement, damage reports etc

[Alucidnation]

I’m not sure why you are getting involved tbh.

Get your car repaired and let the insurers argue amongst themselves.

[Haltamer]

Alucidnation said:

I’m not sure why you are getting involved tbh.

Get your car repaired and let the insurers argue amongst themselves.

This, really - If the other party wishes to argue it out in court, so be it, but I imagine they'd have a challenge to convince a court, using material facts that you and Joe Bloggs of the Tesco car park have been friends forever.

[hutchst]

Our wife? Do you make home movies for a living, David?

[silverfoxcc]

Chrisgr said

Its very difficult to drive in to someone with the side of your car, so by definition he has to have driven in to the side of you.

Actually you can

Try cutting a corner and although the front wheels clear the object the rear wheels take a smaller radius and hits it normally about the area of the rear wheel /wing

An Example if when you might park against a bollard, on your left, forgt about in when driving off doing a tight LH turn and the you find the you are in ratherclose proximity with it. The clue is in the scraping noise and slight shudder of you car
Now the bollard didn't move..so what happened?

Don't ask how i know

I am not saying this is what happened to the OP BUT it isnt impossible

[KungFuPanda]

It's not down to one party or another to state whether a witness is independent, it's down to the Judge presiding over the case.

[David9384]

Alucidnation said:

I’m not sure why you are getting involved tbh.

Get your car repaired and let the insurers argue amongst themselves.

I'm not getting involved. I have submitted my photographs and what happened, and my witness submitted their statement. I'm just staying up to date and responding as required

[David9384]

Haltamer said:

This, really - If the other party wishes to argue it out in court, so be it, but I imagine they'd have a challenge to convince a court, using material facts that you and Joe Bloggs of the Tesco car park have been friends forever.

What is a material fact?

[David9384]

hutchst said:

Our wife? Do you make home movies for a living, David?

Sorry mate, I mean our side.

[David9384]

silverfoxcc said:

Chrisgr said

Its very difficult to drive in to someone with the side of your car, so by definition he has to have driven in to the side of you.

Actually you can

Try cutting a corner and although the front wheels clear the object the rear wheels take a smaller radius and hits it normally about the area of the rear wheel /wing

An Example if when you might park against a bollard, on your left, forgt about in when driving off doing a tight LH turn and the you find the you are in ratherclose proximity with it. The clue is in the scraping noise and slight shudder of you car
Now the bollard didn't move..so what happened?

Don't ask how i know

I am not saying this is what happened to the OP BUT it isnt impossible

Hi mate

I was driving dead straight, if there had been an impact it would've been at the front of my car, and then right to the back. In this instance, the person reversed just as I was almost past their car. They reversed in to the rear left side of mine (wheel arch, door, quarter panel area)

[David9384]

KungFuPanda said:

It's not down to one party or another to state whether a witness is independent, it's down to the Judge presiding over the case.

Can something like this go to court?