Discussion
So my girlfriends Cooper S was crashed into by a t*sser in an A5, while she was queuing in traffic.
They swapped details etc but now the Audi driver is saying it's HER fault and that SHE rolled back into him!
There are no witnesses or CCTV and the mini needs a new exhaust, rear bumper and other bits too.
Her insurers are saying the best they can do is 50/50 fault but she doesn't want to claim, she just wants her mini fixed.
What can be done?!
Doesn't do much for the rep of Audi drivers haha...
They swapped details etc but now the Audi driver is saying it's HER fault and that SHE rolled back into him!
There are no witnesses or CCTV and the mini needs a new exhaust, rear bumper and other bits too.
Her insurers are saying the best they can do is 50/50 fault but she doesn't want to claim, she just wants her mini fixed.
What can be done?!
Doesn't do much for the rep of Audi drivers haha...
Can you ask the insurers to send a man to look at the car? He'd have a job title along the lines of 'assessor' or something. Insurance companies must have men who assess cars to decide things (and possibly to check for undeclared mods etc). Ask one to have a look and compile a short report estimating the speed of the impact. If it's anything above about 5mph, then the "she rolled into me" story doesn't stack up and the Audi's insurers would surely fold.
Simon.
Simon.
Sadly these days there are too many scumbags around who seem incapable of accepting responsibility for their own actions, take like a man ( or woman) and do the right thing. After all, accidents happen, just own up and move on.
But no, these low life have found out they can just blatantly make up a story to somehow blame the innocent party and without witness or cctv they can 'get away with it'. Insurance don't seem to have the stomach to clamp down on these pathetic fraudsters either.
Wonder if there is any way on modern cars that you can have your own ecu interrogated to prove your car was stationary, idling, at the time, followed by a sudden forward movement, thus proving you didn't reverse at all. Preferably producing the facts after said scumbag has already signed his made up statement of events so you can then have them prosecuted for insurance fraud and hopefully jailed of very heavily fined.
I loathe these people. Rant over.
But no, these low life have found out they can just blatantly make up a story to somehow blame the innocent party and without witness or cctv they can 'get away with it'. Insurance don't seem to have the stomach to clamp down on these pathetic fraudsters either.
Wonder if there is any way on modern cars that you can have your own ecu interrogated to prove your car was stationary, idling, at the time, followed by a sudden forward movement, thus proving you didn't reverse at all. Preferably producing the facts after said scumbag has already signed his made up statement of events so you can then have them prosecuted for insurance fraud and hopefully jailed of very heavily fined.
I loathe these people. Rant over.
Harry, I would say in this situation an accident management company could be worth its weight in gold. I can personally recommend Europa consultants who regularly post on here from when I had a no fault claim and was TPFT. It might be worth giving them a call to discuss. For the damage to be so extensive (exhaust) it couldnt be caused by 'rolling back' and any claims assessor/engineer would sniff this out in minutes. Under no circumstances would I accept a 50/50 as I will guarantee within weeks your Mrs will be recieving claims for his 'severe whiplash'. People like that deserve a f
king good kicking
king good kickingferrariF50lover said:
Can you ask the insurers to send a man to look at the car? He'd have a job title along the lines of 'assessor' or something. Insurance companies must have men who assess cars to decide things (and possibly to check for undeclared mods etc). Ask one to have a look and compile a short report estimating the speed of the impact. If it's anything above about 5mph, then the "she rolled into me" story doesn't stack up and the Audi's insurers would surely fold.
Simon.
^ ThisSimon.
It happened to me recently and went on for ages. I kept insisting they get an engineer to look at the damage on my van. As soon as he looked at it he could tell exactly what had happened and said the damage was conclusive with a 20mph collision. So unless I had a van capable of accelerating at land speed record timings the other party was telling a pack of lies.
It was all sorted a day later having gone on for months.

Just noticed Yazza54 below is asking you if there were any witnesses, as a note I had no witnesses.
Edited by Westy Pre-Lit on Friday 14th March 06:11
I'd be worried that with an AMC you could end up massively in debt if it doesn't go the way you hope. Obviously your girlfriend didn't reverse ram an audi at 20mph. However the mini can do nearly 30 in reverse if red lined, and it gets there startlingly quick with a low gear and lots of traction. It also lifts the rear axle which is how following vehicles go underneath, with exact same results as if the follower had run up the back of you.. Watch the cop shows for examples of this. One poor copper was eye to eye with a differential after the perpetrator car rode up the bonnet!
bigmadjohn said:
Harry, I would say in this situation an accident management company could be worth its weight in gold. I can personally recommend Europa consultants who regularly post on here from when I had a no fault claim and was TPFT. It might be worth giving them a call to discuss. For the damage to be so extensive (exhaust) it couldnt be caused by 'rolling back' and any claims assessor/engineer would sniff this out in minutes. Under no circumstances would I accept a 50/50 as I will guarantee within weeks your Mrs will be recieving claims for his 'severe whiplash'. People like that deserve a f
king good kicking
Out of interest, as I'm going through something similar to the OP, in your case did the other party accept liability or was it disputed?
king good kickingHarryturbs said:
It's on a flat stretch of road, no incline.
I don't think there's anything that can be done.
I'm out of the UK for a couple months or I'd consider going round to his house to see what his wife / family thought of the situation. Or even his place of work.
Because that will work out well for you.I don't think there's anything that can be done.
I'm out of the UK for a couple months or I'd consider going round to his house to see what his wife / family thought of the situation. Or even his place of work.
Unless the rear of a Mini is made of plasticine, there's no way that amount of damage would be caused by a car "rolling" into another - you'd have to put the car in reverse. Have you sent photos to the insurance company? If I was in your position I'd make it perfectly clear that you do not accept the other driver's version of events and will not accept a 50:50 verdict.
Purity14 said:
tbc said:
If she's in the right the why should she accept 50/50.
Take it to court, yes you might have to take a holiday off work but it's worth fighting it.
Your insurance company can decide to settle 50/50 before it even goes to court, she doesn't call the shots, the insurance company do.Take it to court, yes you might have to take a holiday off work but it's worth fighting it.
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