Insurance claim - untruths from 3rd party shocker!

[uk89camaro]

This is probably nothing more than a moan and a bh, but it's too early to go to the pub just yet.

This short story may end up with me having to accept a 50:50 deal on a minor car park accident a couple of months ago. I can't see a way of categorically getting it 100% pinned on the 3rd party who has now submitted a story (lied) to his insurance company about how things went.

Short version is that I parked my car in a small supermarket car park very close to the door, got out and started walking to the shop. I got about 20 paces away and heard a crunch. Matey has reversed out of a parking space into the FOS corner of the car. I mutter curses and start walking back to assess damage, he rolls forward a yard or so, revs the nuts off his engine, crunches back into reverse, and smacks the same spot AGAIN! He eventually manages to put his car back into its original parking space.

Damage is a split in the bumper and a parking sensor hanging out. I make a quick mental guess at the cost, judge the demeanor of the driver (and his 20'ish year old son who is claiming "it will buff out"), and decide it'll be an insurance job. He is carrying his documents, so we swap details and I'm on my way.

He didn't admit liability, and I never even thought about putting the words into his mouth to be honest, but he didn't try and push it back onto me either. Didn't take any photo's, didn't discuss doing a cash deal (might of suggested a liability acceptance in retrospect.), and there were no other independent witnesses. It was a very quiet time of day.

Phoned the insurance, explain what's gone down and they say no problem "you weren't in the car it'll be a no fault claim, we'll arrange collection of your vehicle, and delivery of rental car.". For what it's worth the car was away for 5 weeks (waiting for parts), and I had a lovely 5 series M diesel barge, door to door collection and delivery service too. I reckon the all up cost of the repair must have been close to £5K..!!! (My car is an 07 X-Type.)

Anyway, thought no more of it until I get a letter today from my insurance saying 3rd party claims that "both parties were reversing at the time of the incident".

AARRRRRRRRRRRRRRGGGGGGGGGGHHHHHHHHHH!! For fks sake you fking lying !! I mean why, why, why?

So I write back with pretty much the same story as I've described above, but with one possible extra piece of evidence. That is that if my car reversed into his why is my front bumper split?

So I mentally played devils advocate in my head, convincing myself that I hadn't got a hope of "proving" my version of the story at all. Whats to stop his insurer saying front end damage already existed and I had the rear "damage" all fixed up before they collected it for repair 2 days later?

So, we have

• No independent witnesses.
• No admission of liability.
• No CCTV or other photographic evidence.

How do you see it panning out, and how would you have handled it at the time of the event?

Thanks for listening.

Paul

[mrmr96]

1. Taking photos or video clip on your phone at the time.
2. Get the contact details of a witness at the time if you can, and have them write a very short statement.

OTT 99% of the time, but when you're dealing with ****s they'll help. Others will probably have ideas too.

[Terminator X]

Chap drove in to me on a r/bout then lied and said I drove in to him + tried to claim £10k off my insurance for fking whiplash! Some people have no shame ...

TX.

[chunkymonkey71]

Did you get his address? There are a lot of us on here- we could pile round in a big mob and teach him how to tell the truth!

[loafer123]

I'd just call his bluff and get him called to court, after a reminder of the penalties for contempt and perjury.

[Getragdogleg]

Sorry to hear you have encountered one of the liars, I had a run in with one a couple of years ago who only gave up when I told the insurance lot I would happily go to court to tell it like it was.

A 17 year old in a saxo failed to stop at a "stop" sign and pulled out of his junction as I was about 3 feet away, needless to say I went into his rear door and 1/4, quite slowly luckily as I had already decided he looked like an idiot and the combination of a dirty white saxo-stickered up with all kinds of skate logos, a backwards hat, and a car full of lads was not going to be predictable, I was already covering the brake when he did exactly what I thought he would.

At the roadside he said sorry, didn't see you and all that. To the insurance co he said "I raced up behind him and hit the rear of his car at speed, oh, my neck hurts and so does all my mates it was all his fault not mine"

I had taken lots of pics, and had a witness that the dopey lad did not know about because the person came up to me after the stupid little bugger had decided he had spoken to me enough and was going to drive off.

I had to fight to get the insurance co to see it through, they actually asked me if I would like to go 50/50 because "it would be easier".

He ended up found at fault. I got my excess back and car fixed.

[carreauchompeur]

I hate hearing about things like this.

[Sir Bagalot]

And you allowed your X Type to be taken away for 5 weeks whilst repaired? Hardly trying to keep costs down.

You might want to read the T&C's of your rental agreement........

[uk89camaro]

Sir Bagalot said:

And you allowed your X Type to be taken away for 5 weeks whilst repaired? Hardly trying to keep costs down.

You might want to read the T&C's of your rental agreement........

Don't understand that at all!

It was all arranged by the insurers. If they told me it was a 4 week wait for the parts, and would I mind taking my car back with a gaffer taped bumper I might have been okay with it for that short period.

Why do you think it's my obligation to manage their business for them?

[uk89camaro]

Terminator X said:

Chap drove in to me on a r/bout then lied and said I drove in to him + tried to claim £10k off my insurance for fking whiplash! Some people have no shame ...

TX.

I wish he had reversed into the back of the car, as it seems if you hit anyone up the rear for any reason, you're at fault. Which I think I would agree with.

I really don't understand the motivation in my case for his story. He says he and I were reversing at the same time, admits his partial liability.

What cash value does he put on having only partial liability rather than all the liability? Presumably makes no difference to his excess (unless he'd have to pay mine too?), and would it make any difference in his loss of no claims? (Assuming it's not protected.)

[Mr Happy]

mrmr96 said:

1. Taking photos or video clip on your phone at the time.
2. Get the contact details of a witness at the time if you can, and have them write a very short statement.

OTT 99% of the time, but when you're dealing with ****s they'll help. Others will probably have ideas too.

+1 to this.

I had an incident a good few years ago where I immediately got out and started taking photos of the scene, the guy who was at fault sharp changed his tune about going through insurance and started offering "I'll pay cash to get it sorted". I bet if I hadn't taken photos, then it would have been a quick change of story and a fabricated witness later, ending with it all stacked on to me.

[Ari]

uk89camaro said:

I wish he had reversed into the back of the car, as it seems if you hit anyone up the rear for any reason, you're at fault. Which I think I would agree with.

I really don't understand the motivation in my case for his story. He says he and I were reversing at the same time, admits his partial liability.

What cash value does he put on having only partial liability rather than all the liability? Presumably makes no difference to his excess (unless he'd have to pay mine too?), and would it make any difference in his loss of no claims? (Assuming it's not protected.)

That's what I don't get. What does he gain by claiming to be partially to blame rather than completely?

[mike9009]

uk89camaro said:

Matey has reversed out of a parking space into the FOS corner of the car. I mutter curses and start walking back to assess damage, he rolls forward a yard or so, revs the nuts off his engine, crunches back into reverse, and smacks the same spot



Anyway, thought no more of it until I get a letter today from my insurance saying 3rd party claims that "both parties were reversing at the time of the incident".



Thanks for listening.

Paul

I am not sure whether I have understood FOS correctly. But if it Front Off Side, then how can he claim you were reversing at the same time as him and the damage is to the front of your car??

(I suspect I have added 2+2 and got 5!)


Mike

[Fantuzzi]

Sorry to hear that mate, although its taught me to get the phone out and start video recording asap.

[Terminator X]

loafer123 said:

I'd just call his bluff and get him called to court, after a reminder of the penalties for contempt and perjury.

Would never get there with no witnesses, people that play the game know this hence why our premiums go up every year. I pushed my insurance co all the way but lawyers went 50/50 in the end despite my protests.

TX.

[mrmr96]

mike9009 said:

if it Front Off Side, then how can he claim you were reversing at the same time as him and the damage is to the front of your car??

(I suspect I have added 2+2 and got 5!)


Mike

No, you're right. The other driver is just a 100% grade A dick.

[g3org3y]

That's properly st. Best of luck getting it sorted.

[uk89camaro]

mike9009 said:

I am not sure whether I have understood FOS correctly. But if it Front Off Side, then how can he claim you were reversing at the same time as him and the damage is to the front of your car??

(I suspect I have added 2+2 and got 5!)


Mike

I suspect he will follow this up with "damage to the front nothing to do with me!. He can make any story he likes up. The only small of light I have, if it comes to it, is hope the repairing garage back me up by stating no damage found at rear of the car. However, they may never have looked because it was the front that was damaged.

In the balance of doubt I'm sure a legal bod might have the opinion that I'm a more upstanding bloke, but I can't prove it's not me who's trying to get a free front bumper repair because I overshot into my garage, for arguments sake.

[JQ]

Ari said:

That's what I don't get. What does he gain by claiming to be partially to blame rather than completely?

I suspect people believe that if the cost of the claim is halved it will have less impact on their future premiums.

[Exoticaholic]

A few years a woman hit me in the rear. Despite me taking lots of pictures at the scene including her face, she gave me a false name and address.

Some people have no shame or morals.