Help - someone ran into the back of my car
Help - someone ran into the back of my car
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Discussion

L33

Original Poster:

3,469 posts

255 months

Thursday 18th October 2007
quotequote all
Don't worry - it was in the X5, not the TVR.

Basically, I spotted a well known car full of traffic wardens pull up opposite my house as I was going out last night. I was not to amused to see them jump straight out and start writing out tickets without giving the permitted 5 minutes waiting period so I drove up to them and wound down the window to give them an earfull when someone went into the back of me

I jumped out the car to see a Ford puma sitting in my ass. I had a look at the damage with the boyfriend of the young lass driving the car and as the young lass driver got out of the car, she was beckoned over by the traffic wardens. Within seconds she alleged that I had reversed into her!!!!!!

Here’s me outside my home, with some young lass lying through her teeth, a traffic warden willing to back up her story (no doubt to get one over on me giving him a hard time) and her bloke (who did not say one single word throughout) all as witnesses.

I had a very minor scratch on the underneath of my back bumper which has polished out without a trace and the top surface of her bonnet was a little dented, presumably where she had dived hard on her brakes and submarined the front of her car under my rear bumper?

She happens to work at a Ford dealership and asked them for an estimate which has now grown to a bonnet, 2 headlights, font wings, bumper, paint etc which comes to £1400!!!!!!

She gave me ultimatum today of giving her £1400 cash to fix the car or she will claim on my insurance (she says she can because she has 2 witnesses).

Where do I stand guys? Am I phucked? Do I stand any chance of keeping my full no claims bonus?

Any comments appreciated.

Very much pished off.
L33.
:angry:

T40ORA

5,177 posts

250 months

Thursday 18th October 2007
quotequote all
Take it all the way. Deny it, go through your insurance, refuse to pay and request going to court.

The liars that purport to be witnesses won't attend. I reckon it's the only way.

valve bounce66

2,788 posts

245 months

Thursday 18th October 2007
quotequote all
i would be straight down to cop shop,tell them what has happened and the threats and get them to inspect her car.

joewilliams

2,004 posts

232 months

Thursday 18th October 2007
quotequote all
Did you manage to give the wardens a earful before she ran into you? They'd be the most valuable witnesses, but not if you abused them first smile

I'd be telling her to get phucked. Make sure your insurance company know of the situation in case she contacts them.

She's very unlikely to be able to prove her case, and if she does have two "witnesses" prepared to lie, their stories will have holes in.

JustinP1

13,363 posts

261 months

Thursday 18th October 2007
quotequote all
Tell your insurance company now.

Tell them exactly what has happened, and that there are witnesses.

Tell them that you believe that they are trying to commit fraud, which they are. Tell them that the woman drove into the back of you, and just co-incidentally is asking you for the cash with a quote she has got from her workplace.

They will smell a rat and not pay out a penny. Neither will they believe that you reversed into her. Call her bluff and let her insurance company contact your insurance company and see what happens.

Your insurance company will not pay out or accept 100% liability on your behalf (thus they pay out themsleves) on such a story, especially if you tell them the facts.

Edited to add: As others have said, I would be down the cop-shop too. If nothing else, it is proof that you have reported your situation NOW, so that if the situation escalates they have the details on file already. Many police stations are now aware that this type of situation is being used for fraudelent claims.


Edited by JustinP1 on Thursday 18th October 21:25

Jasandjules

72,680 posts

260 months

Thursday 18th October 2007
quotequote all
AS above, speak to plod, and tell her that you are doing so.

Santa Claws

420 posts

231 months

Thursday 18th October 2007
quotequote all
"You reveresed into me"
"Prove it"

Case closed.

No one, and I mean NO ONE, believes the word of a traffic warden.

Mr2Mike

20,143 posts

286 months

Thursday 18th October 2007
quotequote all
FishFace said:
You've not made it 100% clear but if someone smashes into the back of you they are generally at fault.
Assuming the OPs story is correct, then it's perfectly clear that the other party was at fault. The problem is getting the insurance company to believe it.

vonhosen

40,597 posts

248 months

Thursday 18th October 2007
quotequote all
Santa Claws said:
"You reveresed into me"
"Prove it"

Case closed.

No one, and I mean NO ONE, believes the word of a traffic warden.
I wonder if an insurance company would be willing to risk a the cost of a court case on that basis.

Santa Claws

420 posts

231 months

Thursday 18th October 2007
quotequote all
L33 said:
She gave me ultimatum today of giving her £1400 cash to fix the car or she will claim on my insurance (she says she can because she has 2 witnesses).
Blackmail.

Go to the police ASAP and get that bitch strung up. Also tell her you're doing this. People like this have to learn: you can't go around and threten/blackmail people into submission because you feel like it.

If you need, I'm sure there are several hundred PH users who, by pure coincidence, witnessed the whole thing. wink

Was she fit?

vonhosen

40,597 posts

248 months

Thursday 18th October 2007
quotequote all
Santa Claws said:
L33 said:
She gave me ultimatum today of giving her £1400 cash to fix the car or she will claim on my insurance (she says she can because she has 2 witnesses).
Blackmail.

Go to the police ASAP and get that bitch strung up. Also tell her you're doing this. People like this have to learn: you can't go around and threten/blackmail people into submission because you feel like it.

If you need, I'm sure there are several hundred PH users who, by pure coincidence, witnessed the whole thing. wink

Was she fit?
Blackmail ??????

Santa Claws

420 posts

231 months

Thursday 18th October 2007
quotequote all
vonhosen said:
Santa Claws said:
"You reveresed into me"
"Prove it"

Case closed.

No one, and I mean NO ONE, believes the word of a traffic warden.
I wonder if an insurance company would be willing to risk a the cost of a court case on that basis.
Not a clue.

Else:

Anti-Witness device, version 1.0

Santa Claws

420 posts

231 months

Thursday 18th October 2007
quotequote all
vonhosen said:
Santa Claws said:
L33 said:
She gave me ultimatum today of giving her £1400 cash to fix the car or she will claim on my insurance (she says she can because she has 2 witnesses).
Blackmail.

Go to the police ASAP and get that bitch strung up. Also tell her you're doing this. People like this have to learn: you can't go around and threten/blackmail people into submission because you feel like it.

If you need, I'm sure there are several hundred PH users who, by pure coincidence, witnessed the whole thing. wink

Was she fit?
Blackmail ??????
Well you know what I meant.

JustinP1

13,363 posts

261 months

Thursday 18th October 2007
quotequote all
Jasandjules said:
AS above, speak to plod, and tell her that you are doing so.
"The Art of War" would probably dictate to keep this information to your advantage. There is the possibilty that she might also go to the police with her 'witness' and do the same...

We have just received a cheque for our excess back in a case which was decided 100% in our favour after a year of pressuring our insurance company to follow the case up and get our money from the 3rd party insurer.

If the OP 'shuts up shop', and tells the 'driver' to contact his insurer then she will have a tough time. To start with her insurer will be very reluctant to start chasing a case which would seem 100% her fault to start with - even if they agree, at least in the meantim she will have to pay her excess whilst the claim is being disputed. She wont do that.

Even if she does, as soon as her insurer contacts the OP's insurer and they are told that the OP has stated that her story is rubbish and he has reported the matter to the police as potential fraud or insurance fraud then they will run a mile and tell her to get right royally stuffed. In any case, to progress the claim she will have to fork out the excess on her inflated claim, which she won't want to risk losing...

Game over for the driver, and the OP gets on with his life and leaves the driver having to do all of the 'chasing'.

vonhosen

40,597 posts

248 months

Thursday 18th October 2007
quotequote all
Santa Claws said:
vonhosen said:
Santa Claws said:
L33 said:
She gave me ultimatum today of giving her £1400 cash to fix the car or she will claim on my insurance (she says she can because she has 2 witnesses).
Blackmail.

Go to the police ASAP and get that bitch strung up. Also tell her you're doing this. People like this have to learn: you can't go around and threten/blackmail people into submission because you feel like it.

If you need, I'm sure there are several hundred PH users who, by pure coincidence, witnessed the whole thing. wink

Was she fit?
Blackmail ??????
Well you know what I meant.
I don't.

Simply threatening to go through insurers if the person doesn't pay for the damage is not blackmail.

Rob-C

1,488 posts

280 months

Thursday 18th October 2007
quotequote all
vonhosen said:
Simply threatening to go through insurers if the person doesn't pay for the damage is not blackmail.
How about threatening to go through insurers (which depending on circumstances could easily cost the OP a lot more than the claimed £1400) if the person doesn't pay a fraudulently-inflated demand for the damage? If blackmail isn't the correct legal term, what is? Or is it legal? Or would that be a civil matter?


vonhosen

40,597 posts

248 months

Thursday 18th October 2007
quotequote all
Rob-C said:
vonhosen said:
Simply threatening to go through insurers if the person doesn't pay for the damage is not blackmail.
How about threatening to go through insurers (which depending on circumstances could easily cost the OP a lot more than the claimed £1400) if the person doesn't pay a fraudulently-inflated demand for the damage? If blackmail isn't the correct legal term, what is? Or is it legal? Or would that be a civil matter?
If you don't like the amount, you don't have to settle out of court, you can go to court.
It is quite reasonable to go through the insurers, if it isn't settled to the satisfaction of both parties. There is nothing unwarranted in that.
If you are claiming fraud then you have to prove fraud.


Edited by vonhosen on Thursday 18th October 23:21

H_Kan

4,942 posts

230 months

Saturday 20th October 2007
quotequote all
It may not be blackmail in the strictest legal sense, however what she is doing is still feasibly illegal (her fake version of events aside) because chances are her insurers won't come to hear of this incident if he pays up cash and as a result this would mean she is lieing to her insurers.

Mate to be honest it sounds like she's seen you're driving a nice car and has decided to try and squeeze some money out of you.

Now somebody in your situation could do this (however it is illegal and I'm not advocating that you follow this course of action)- they should go to the cops and their own insurers about this and tell them what happened and why the traffic wardens are backing up her claims. Also they should try and get hold of some photos of her car somehow and let the aforementioned parties know that the actual damage doesn't match up with the things she has tried to get the chap to pay up on.

In addition to this, I am sure it is feasible that the innocent parties wife/gf witnessed all this through the passenger window, thus negating the evidence of the womans bf at the very least.

Also just for good measure, shop the wardens for ignoring the period of grace and for offering fabricate evidence. Even if you aren't ultimately believed they will be in a bit of hot water for rocking the boat is nothing else.

Anyway whatever you choose to do, good luck.

streaky

19,311 posts

280 months

Saturday 20th October 2007
quotequote all
Although being hit from behind is usually the other driver's fault, the insurers will take all circumstances into account when compiling their arguments as to who pays and what percentage. These can include the reason for the stop. Stopping unnecessarily to give traffic wardens a piece of your mind starts you off on the wrong foot.

Whether or not, "nobody believe a traffic warden", your insurer is likely to, as all they will have is the written statement of one (or more) traffic warden ... there's no cross-examination. A forensic examination of the damage to both vehicles might have shown that the other driver was braking rather than you accelerating (backwards). However, you have destroyed your evidence.

Your best chance here is to write to your insurer giving them the facts as you see them, including your suspicion that her claim is being loaded. I'd wait until you hear more from your insurer. If she persists in her claims (the you reversed into her and that that much damage was thereby caused), then I'd go to the police claiming possible fraud.

If you don't want to involve your insurer at this stage, write to her denying liability and stating the facts from your perspective, including your concern that her claim is excessive for the damage you saw and that if she persists in this claim you will so inform your insurer. That would play the same game.

Ask for photographs of her damage, or, since you know where she works, go and inspect her car yourself (without trespassing, of course). She might have been involved in a subsequent accident, causing additional damage.

If you have the misfortune to be involved in another accident, take photographs (your camera-phone might do, or keep a disposable camera in the glove-box). I had an instance some years ago where a driver claimed that I had reversed into her. She'd obviously forgotten that I'd photographed the scene ... showing her car on the pavement wedged between mine and a wall, with mine parked parallel to the kerb with the tonneau cover buttoned-down all the way around and another car parked some two feet ahead of it smile .

Streaky

andy_quantum

13,204 posts

235 months

Saturday 20th October 2007
quotequote all
streaky said:
I had an instance some years ago where a driver claimed that I had reversed into her. She'd obviously forgotten that I'd photographed the scene ... showing her car on the pavement wedged between mine and a wall, with mine parked parallel to the kerb with the tonneau cover buttoned-down all the way around and another car parked some two feet ahead of it smile .

Streaky
How the....censored Reversed into?

Where? What?

Er..just, how?!