Driver lying about an accident

[mazza.12]

Hi,

I'm a new user to this forum, in fact I have never posted anything before, so please be patient, and any help would be greatly appreciated. Here goes.....

 

I was driving home from my local supermarket which is approx 10 minutes from where I live. I live on a main road, next to a junction. As I was approaching my home I could see a young boy and gentleman walking pass my drive way, so as I always do I indicated left and was stationary outside my home, waiting for them to pass, when I was suddenly hit from behind with force.

 

My family heard the impact so they all came out. The TP driver became very abusive and shouted at me saying that I didn't have my indicator on, even though it was flashing away.

 

Anyway to cut a long story.....we exchanged insurance details, called the police, called the insurance, etc: everything ok.......or so we thought.

 

I forgot to add that the accident had caused a bit of a traffic hold up. When we moved our cars, the traffic started to flow. I didn't think to approach a vehicle and ask them to be a witness, but my son took photo's.

 

We have already received an interim payment, but now 3 months later, the insurance company rang me, and told me that the TP driver has stated that I was reversing out of my drive!!!!!! I can tell you I was not happy.....anyway I was also told that because there were no witnesses, and it's his word against mine and that the claim would be 50/50 liability.

 

I really do not want to accept this......is there anything I can do, as the TP driver is blatantly lying.....

 

I would like to thank you in advance for any help and advice given.

[morsy]

Surely the photos and till receipt from the supermarket would suggest otherwise?

 

Is the other driving suggesting your reversed into them?

[citizenB]

The photograph would clearly show that you were indicating left to pull into your drive. Does the photograph show the build up of traffic as well as this will help your case.

 

Apart from that I would think there is pretty much b*gger all else you could do ?

 

One other thought.. you say you live on a busy road near a junction.. I would imagine reversing out of your drive would be pretty foolish.. Are there people who could witness that it is something that you never do ?

[EveOwes]

Challenge why this has suddenly come to light three months down the line!!! Keep an eye out for the man and boy as well - they probably live local and if you saw them again, you could get their address for the insurers to get a statement.

 

Plus, technically, it's not just your word - your family will state you weren't reversing. I know they're connected etc, but do the insurers really think you are all lying?! What about the neighbours?

 

Finally - it's a long shot because of the three month delay, but what about CCTV showing you leaving the supermarket or surrounding streets - anyone could then work out the time it took to drive home etc.

 

best of luck - karma's a b*tch and that driver will get his one way or another!

[unclebulgaria67]

A don't understand how the other driver managed to crash into the back of you, if they were driving with due care and attention.

 

Ask this question. If the other driver was in the process of taking their driving test, would they have passed ? I doubt it. When I passed my test many years ago, I can remember a car suddenly braking down in front of me. I had left plenty of room between me and the car, so I had the opportunity to brake safely, so that I could indicate to drive around it, when it was safe to do so.

 

I can understand the Insurers position re a 50/50, because they are not going to spend time or money on pursuing the matter. So continue to remain annoyed or obtain legal advice about whether it is worth you taking the third party to court. If you have legal cover on your Car Insurance, speak to them first.

[Mwynci]

Mazza, you talk about interim payments, have you gone through the third party insurers or your own?

[mazza.12]

Hi,

Thank you all for your great advice. I would like to update you on my situation. The insurance company is still maintaining that it will probably go 50/50. Anyway as I mentioned I live only 10 minutes away from the supermarket. I approached the supermarket, and after looking into my request they found that I used my card chip and pin at 13.47.....the accident occured at 14.00.....I took photo's and emailed them to the insurance......I was also told that in order to cause the damage to ours cars, I would have had to be reversing out of my drive at high speed. I have also put an ad in our local paper for witnesses to come forward, as yet , no call. With all this no one seems to be listening!!!!!!

 

Mwynci..you asked me talk about the interim payment. Around three week after the accident our insurance called to say that the TP insurance had sent them a cheque as a settlement. We refused that figure, and they agreed with us, and told us they would be sending the cheque back to the TP insurance. Anyway we received a cheque for the same offer, and were told that it is an interim payment whilst they sort out the remaining figure. On inspection, the cheque is dated three weeks after the accident, so they obviously had not sent it back, but kept it. They also sent a cover letter which states " We are pleased to enclose a cheque for representing a settlement of your pre-accident value", and a form attached for me to sign to say that I accept the cheque on an interim basis. I phoned the insurance and they stressed that it is an interim payment, and for me to sign the form and return it to them ..I have not signed the form, nor have I cashed the cheque as it just doesn't feel right. As of now it is approx two weeks since I have spoke to anyone from the insurance, as I can't seem to get hold of anyone, and they do not return my calls or correspondence. Thanks in advance.

[unclebulgaria67]

The settlement cheque is for 50% of the amount of the accident cost to you ?

 

Which Insurers are you with and who are the 3rd parties Insurers ? ( Just interested in whether they are part of the same Insurance group)

 

Unless you can get evidence to dispute the accident being a 50/50, you might just have to accept it.