Other driver run into back of son's car and insurance company blaming son

[Blondmusic]

My Step-son has been insured with Hastings since passing his driving test at 18 and buying his first car.

 

In 2014 a claim was made against him saying he had run into the back of another car. As my step-son did not have an independent witness he was unable to prove it was not his car and the claim was settled with my step-son losing his 2 years no claims. This was despite Hastings giving my step-son the incorrect date for the alleged accident for 8 months and my step-sons car's towing hook being on the drivers side when the dent to the third party car being on the passenger side rear!!!!

 

The latest problem is that he was hit in the rear by another vehicle (Nissan Qashqai) Step-son's car being a 2009 Mini, while waiting to parallel park in a space on a side road. Step-son was stationary at the time as he was checking if it was clear to reverse into the space. He had reverse gear engaged ready to reverse in the space as soon as he could see it was clear.

 

The road he was using was an entrance to a supermarket and is at least 50ft wide. Step-son said he felt a bump so he put the handbrake on then the Nissan driver was banging on his window shouting at him saying Step-son has hit his car.

 

Nissan driver was foreign and was very aggressive saying Step-son's reversing lights were not working. Police were called who attended and managed to get the other drivers details. They even checked that Step-sons reversing lights were working perfectly.

 

Accident was reported to Hastings the following day. Solicitors were instructed by Hastings to pursue the other driver. Hastings then wrote to my Step-son in February informing him they were settling the claim as the other driver said Step-son had reversed into him. Hastings say that as my Step-son was the manoeuvring party then he is liable as Step-son cannot prove he was stationary.

 

The solicitors are fuming as Hastings have done this without consulting them.

 

I am still in contact with the solicitors as my Daughter (who was 15 at the time of the accident) was a passenger in my Step-son's car.

 

Can anyone give us advice on what we can do next?

[unclebulgaria67]

The short answer is nothing.

 

Hastings have decided per their policy terms that they decide liability and they have decided it was your Sons fault. They are not willing to continue the argument with the third party.

 

The Solicitors appointed by Hastings won't continue and Hastings won't pay any legal costs. There is nothing stopping your Son issuing a court claim against the third party, but if he does not have independent witnesses or video camera footage to help, it might prove to be pointless.

 

Your Son was in a reversing manoeuvre and should have been watching all other traffic on the road, with it being clear what he was doing, using indicators if necessary. There appears to be no evidence it was the third parties fault. Even if they were partly at fault, it does not help your Son much if it ended up being 50/50.

[dacouc]

If your daughter was injured, she will be able to claim her compensation from your son's Insurers

[Blondmusic]

Yes she is claiming for her injuries. The solicitor dealing with the case said Hastings should have awaited a copy of the police report before making their decision. The solicitor believes we should fight it.

[dacouc]

Yes she is claiming for her injuries. The solicitor dealing with the case said Hastings should have awaited a copy of the police report before making their decision. The solicitor believes we should fight it.

 

Hastings actions make no difference to your daughter as her solicitor can just claim from your son's insurance

[king12345]

Dashcam, dashcam, dashcam!

I can't find a better application of modern technology and everyone should fit it in their cars.

[havinastella]

Dashcam, dashcam, dashcam!

I can't find a better application of modern technology and everyone should fit it in their cars.

 

Would this help if he was reversing?

[king12345]

Would this help if he was reversing?

 

Yes, it would show that his car wasn't moving.

Also the integrated sound recorder would confirm the exact moment of impact when apparently the driver was stationary