Minor accident - advice wanted re: liability dispute
Discussion
Can anyone help with some advice please. Girlfriend had a minor knock in her car last week - she's negotiating a hair pin bend [uphill], guy comes down the hill, loses traction and skids into the side of her car. He admitted liability at the scene [no witnesses of course] and then proceeded to tell his insurer that she drove into him. I guess we're now in a 'knock for knock' situation.
Fortunately, she has protected NCB and only a £75 excess but I fuming that this little scrote has lied so blatently and want to know what I can [legally] do about it.
Is there any mileage in forcing the issue with our insurer for them to fight the claim or should I just give it up, lose the excess and wait for a higher premium next year?
Fortunately, she has protected NCB and only a £75 excess but I fuming that this little scrote has lied so blatently and want to know what I can [legally] do about it.
Is there any mileage in forcing the issue with our insurer for them to fight the claim or should I just give it up, lose the excess and wait for a higher premium next year?
I'm not an expert but if they send an engineer out and he sees damage on the front of the blokes car and the side of your gfs then he should be able to see that he hit her.
I would push it and press this point home - how can it have been her fault if she was rammed!
(Unless she purposely handbraked into him of course
)
I would push it and press this point home - how can it have been her fault if she was rammed!
(Unless she purposely handbraked into him of course
)I would push to get an engineer to look at the damage, they should be able to tell who drove into who by the direction of the dents and scratches etc.
Someone hit me head on last year but as there was no witnesses my insurance co. insisted on a 50/50 blame. As I couldn't be bothered arguing and have protected NCB, I let it go. Although my premium didn't go up at renewal it was still a hassle when I came to renew or change a couple of other policies, plus the premium will always be dearer if you want to get a quote from another company.
Someone hit me head on last year but as there was no witnesses my insurance co. insisted on a 50/50 blame. As I couldn't be bothered arguing and have protected NCB, I let it go. Although my premium didn't go up at renewal it was still a hassle when I came to renew or change a couple of other policies, plus the premium will always be dearer if you want to get a quote from another company.
If she was on her side of the road, and the 3rd party veers over to her side over the line and hits her, then there is no question that he is to blame, and I would go down this route with your insurer. As it has been said, if there is o/s/f damage to the 3rd party car, and o/s damage to your girlfriend this would help the case. Good luck!
se9boy said:
Can anyone help with some advice please. Girlfriend had a minor knock in her car last week - she's negotiating a hair pin bend [uphill], guy comes down the hill, loses traction and skids into the side of her car. He admitted liability at the scene [no witnesses of course] and then proceeded to tell his insurer that she drove into him. I guess we're now in a 'knock for knock' situation.
Fortunately, she has protected NCB and only a £75 excess but I fuming that this little scrote has lied so blatently and want to know what I can [legally] do about it.
Is there any mileage in forcing the issue with our insurer for them to fight the claim or should I just give it up, lose the excess and wait for a higher premium next year?
This should be pretty easy. In no uncertain terms tell your insurance company that the guy has admitted liability. As far as I am aware, it takes an extreme situation to drive into someone with the side of your car... If you explain this to the insurance company and you will not accept anything less than zero liability, they will have to do the work. Recently there have been many claims like this where basically the insurance companies agree in a few seconds discussion to agree to 50/50 70/30 etc. This takes them no administration time or cost arguing it for their insuree. It also has the benefit of both insurance companies making thousands by taking away two no claims bonuses instead of one...
Hassle them!
Thanks for the advice from all.
I contacted the insurer yesterday and told them I wanted them to refute the 3rd party claims and fight the case - they've told me it will be their decision as to how liability is agreed. So read into that "if it takes them more than 5 minutes or costs any money to fight it then they won't bother and it's no skin off their nose if it costs their customer money both now and in the future" - great!
All I can do is write a 'matter of fact' letter to the insurance company and see what happens.
I contacted the insurer yesterday and told them I wanted them to refute the 3rd party claims and fight the case - they've told me it will be their decision as to how liability is agreed. So read into that "if it takes them more than 5 minutes or costs any money to fight it then they won't bother and it's no skin off their nose if it costs their customer money both now and in the future" - great!
All I can do is write a 'matter of fact' letter to the insurance company and see what happens.
Whatever the insurance co say you have the right to go to court, or at least threaten to. My daughter was in a similar one-to-one situation when she was shunted from behind, and got the blame! The other driver had 'independent witnesses' who just happened to be of the same nationality and travelling just behind him. They even stopped to chat and were obviously acquainted but come claim form time they had never met and the insurers were ready to roll over and dump on my daughter. We compared witness' and claimant's statements, pointed out uncanny similarities and the case went to court where she won, the judge saying the plaintiff hadn't been watching the road. (It was an accident scene).
Court is expensive but the threat of having to explain just how the damage to both cars occurred where it did might be enough.
Court is expensive but the threat of having to explain just how the damage to both cars occurred where it did might be enough.
If your GF has uninsured loss recovery on her policy, use that to force the issue. About 5 yrs. ago I had someone drive into the side of me, completely their fault. Pursued it through lawyers with my uninsured loss policy, eventually got a CCJ against the other driver, and then his insurer coughed-up. I claimed for mileage to and from repairers, diminution of value, excess, and all other expenses. They paid the lot. Insurers cosy little arrangements between themselves are just a scam.
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