surely he is at fault? please help me : (

[k4yl13]

well yesterday on my way through the town centre the traffic was slowing and me and my friend got a massive whack. some guy rear ended my car : (

anyway the police arrived and said because the guy who hit me claimed liability then there was nothing more the police could do as noone was injured.

i have since spoken to they guy and he said he is going to try and dodge liability!!!!

is there anyway he can do this? it is a one way street and i dont have any witnesses.

i always thought if someone hit the back of you they are at fault for being too close??

incase it helps my insurance is with direct line fully comp and i have legal cover

thanks for any answers x

p.s i got the police and they said they wouldnt file a report for two reasons 1, noone was injured and 2 3rd party claimed full liability.

in case it helps the road is narrowish due to cars being parked on one side and being a one way road not much of a problem.

[Babs]

Speak to the police about it, if the police have it on record that he's accepted it then it shouldn't be a problem.

[sheep_go_baa]

Sorry to hear of your accident and hope you're not too shook up. As you are fully comp then the liability team at Direct Line will investigate this for you. The only way the guy can argue liability is by claiming that you reversed into him: are there any shops in the area where the accident happened? If so they may have CCTV at the front of their store which recorded the incident. Also I would have thought the police will have a log of their attendance at the scene and that the other party accepted liability.

Don't be surprised if Direct Line advise you that you will need to pay your excess if liability isn't established by the end of repairs. This is standard procedure within Motor Insurance and once liability is established then you will be reimbursed the excess, provided liability falls with the other party.

Hope this is of help and your claim is settled promptly,

Andy

[k4yl13]

Don't be surprised if Direct Line advise you that you will need to pay your excess if liability isn't established by the end of repairs. This is standard procedure within Motor Insurance and once liability is established then you will be reimbursed the excess, provided liability falls with the other party.

thanks and i'm a bit shook up but nothing major! the lady from direct line said that because my car is still driveable (looks a state though!) that i am best waiting for liability to be confirmed and then get the car repaired (my excess is £400)!

and this is in newquay as well so thanks for idea of cctv (theres a massive hotel and a couple pubs just by the road which i am almost certain all have cameras)

thank you!!!

[Ferret101]

If you've been rearended there's nothing the other party can do - they're 100% at fault and they've got no room to escape. The only thing he can do is claim that you reversed into him at speed, wouldnt stand up in court.

Talk to the police, ask them to find the officer who you dealt with and get him to write a witness statement out for you. You may need to ask him nicely, but usually they're happy to do it if you let them know the guys since been an ar*e and changed his story.

EDIT: By the way, most private organisations wont release CCTV footage without a court order, infuriating but that's the way it goes.

[k4yl13]

EDIT: By the way, most private organisations wont release CCTV footage without a court order, infuriating but that's the way it goes.

well direct line sed they are going to phone monday to confirm if he took liability, if he hasnt i will be right down to the police station asking for a statement from one of the coppers and if they can get cctv, i'd like to see him talk his way out of that!!

[sheep_go_baa]

I hope he sees the errors of his ways, do let us know what happens

[ultra_joel88]

always, always, always try and get a witness

[Babs]

What about the passenger?

[dragonfly]

I was under the impression that if you are hit from behind the other driver is at fault and liable. What is he going to do to? Claim you reversed into him?

[lfc958]

Be careful about using passenger as a witness, as if they are related to the driver, experience has shown that they will be reluctant to accept this.

I was hit direc onto passenger door, my passenger was a work coleague, who i was giving a lift to, and they advised that they would accept as he wasnt related.

[sms]

I wouldnt hold your breath with directline they'll end up settling 50/50 as not to upset the apple cart of other insurers, they wont want to fight your corner and will just come back to you with a 50/50 settlement.

Did you get any photo's? and how is that whiplash? have you been to the doctors to get them to record it?

For what its worth, he is blameworthy as he was driving without due care and attention when he hit you. If he was paying attention and wasnt travelling close to you then he would have had plenty of time to react to whatever you do.

[Irvtheswerv]

If the cops attended, then they should have at least some information in their note book to indicate the circs of the accident and whether anyone accepted liability. I'd try to get a copy of that or a statement from the copper who attended. You'll have to be insistent that you want one, don't let them fob you off with some daft excuse just because there isn't an official report.

What can we prove? That there is damage to the front of his car, and damage to the rear of yours. That should be enough in itself.

Of course as already suggested, If you were now to receive treatment for injuries, even if it's just a trip to the doc's for some aspirin, the cops would have to deal with it as an RTA, as you are obliged to report it and they are obliged to investigate it if reported within 48 hrs of the accident. It would then be allocated to the bobby who attended, and you'd get all the information you needed.

[Gillywibble]

I wouldnt hold your breath with directline they'll end up settling 50/50 as not to upset the apple cart of other insurers, they wont want to fight your corner and will just come back to you with a 50/50 settlement.

It's called economics, not avoiding upsetting anyone.

[jonnycatbiscuit]

If you require a statement from the Police then you will have to apply through the Road Policing Enquiry Team, and pay a fee. Your insurance should do that for you, if you press the matter.

As far as a police report is concerned, even if it s not a recordable accident (no injuries and no allegations of bad driving) there will still be a record of it with the police control room and the officer(s) who attended.

IMO, if they were traffic officers, they will generally have recorded more information regarding blame, even if it was non recordable. And just because they are not taking any action against the other driver, it certainly doesn't mean your insurance company will just cough up.

You just need to be firm with your insurers and say "It clealry wasn't my fault and I want you to fight my case for me"

Otherwise, what are they doing for their money?

[k4yl13]

just a reply to some peoples answers, i didnt go the docs, i took some strong pain killers and had a hot bath and it seemed to ease most of the pain.

the passenger in the car is a friend of mine who i was giving a lift and her boyfriend saw the accident from about 6 car lengths away (i dont know what that is in yards).

also i am unsure as to whether there will still be damage to his car as he said that his friend or brother or something owns a garage and he wont put his car through the insurance, i had no way of taking any pics at the scene as i had no camera and my phone battery was dead however i have got some now showing all the damage to mine, and luckily i had taken photos the day before the incident showing that there was no damage.

[expostmanpat]

I

Did you get any photo's? and how is that whiplash? have you been to the doctors to get them to record it?

.

I don't recall the op mentioning whiplash or injury prior to you mentioning it ??, Fraudulent claims are what bang the insurance up to start with

also i am unsure as to whether there will still be damage to his car as he said that his friend or brother or something owns a garage and he wont put his car through the insurance, i had no way of taking any pics at the scene as i had no camera and my phone battery was dead however i have got some now showing all the damage to mine, and luckily i had taken photos the day before the incident showing that there was no damage.

Probably why they have changed their tune, realising it will be cheaper to get their own car fixed than having a claim, one other fact to consider, many insurers tell you never to accept liability however cut and dried the case.

Also have you seen proof that the guy is insured?? Did the police check?? by sticking his hands up at the scene he may have just being trying to get you and them out of the way as quick as possible :(

Edited 24 April, 2009 by postmanpat

[k4yl13]

Also have you seen proof that the guy is insured?? Did the police check?? by sticking his hands up at the scene he may have just being trying to get you and them out of the way as quick as possible :(

just a quick update i got a phone call from his insurance company this evening and it seems that he has claimed liability ( i couldnt really understand the woman on the phone but she asked for my claim refrence and asked if i needed a hir car whilst the reapir work is done so i am assuming he has)

tbh i think he knew he was screwed, he claimed liability to the police and they saw the damage, the police also checked everything on both cars, tax insurance who the registered keeper is ect i also managed to get three witnesses that were in a local shop at the time (i went in today and asked and they were all staff members.

hoping to get the car done next week, the garage have said that even though the tailgate would be repairable they will just be replacing it as insurance companies tend to replace rather then repair.

i also saw a friend of mines dad who is a doc and he said the main cause of my whiplash was that i had a massive hairclip in which cut my head slightly as i moved back and hit the headrest.

also would like to mention that i feel a lot safer in this car now as considering the damage to the other guys rover mines not so bad!!!

thanks everyone for your answers, will post on monday whats going on with inscurance x

[sheep_go_baa]

Glad to hear they are accepting liability. Hope the repairs go well and your head recovers soon.

[k4yl13]

just so everyone knows car is booked to go in thursday and will be having a hire car

thanks for all your answers x x

[Stuart_J]

Good result but it could have been harder. ALWAYS ALWAYS get as many witnesses as you can. I had a bump in a car park a few months ago. I was parked in a bay & the woman just clipped my car, (£300 to fix) She got out apologised prefously & admited liability. Transpired it was a company vehicle & they took nearly 3 months to answer their Insurance companies letters to confirm liability. At one point I asked the Insurance company how they would deal with it if they had subsequently not admitted liability & the answer was as I had no witnesses it was my word against theirs & I would probably have to take them through the court.

[sheep_go_baa]

great news

[soapywalrus]

Myth disspelling time - ALL witnesses are useful, regardless of whether they know you, are related to you, are your boss or whatever.

It is a matter of credibility for a court if the witness knows either party, but it is NOT open to insurers to simply dismiss them because they know one or both parties. If they are prepared to take the oath and swear to what happened then they are entitled to be heard, same as anybody else.

As for the guy initially denying liability - everybody is told to do that - read your insurance documents! The insurers don't like to be on the back foot from the outset, and would rather THEY decide that you are liable, rather than your admissions at the scene be used to force them to pay out.

Sounds like the guy in this case did everything by the book, denied liability as instructed by his insurers, and as soon as they looked at the circs of the case (which was as watertight as everybody else is saying) then they accepted liability and entered into settlement (hence the offer of a hire car etc).

Glad it all got resolved, but just wanted to tell people not to dispose of potentially crucial witnesses on the basis that they are known to you. If the witness can answer questions about potential bias in court, and convince a judge (in a civil case) that they are reliable despite their attachment to the party, then their testimony could be crucial.

Evidence is evidence, so far as the courts are concerned, wherever it may come from.

Lecture over!

Soapy

[mac9091]

Did you get any photo's? and how is that whiplash? have you been to the doctors to get them to record it?

I was just going to write the same thing, sooo hard to prove that you are not suffering from it.

Defo get down the docs, and also you could maybe mention that to him if you do speak again.

[Ed-Preston]

EDIT: By the way, most private organisations wont release CCTV footage without a court order, infuriating but that's the way it goes.

Hi Folks, different but related matter - My Octy was nudged/driven into by a vehicle unknown outside my house last week, less than a week after I'd bought it (2nd hand) causing some damage to my o/s front wing/bumper and leaving some white paint behind from the offending toerag's vehicle.

I explained this to a neighbouring builder's merchants as I know they have CCTV and the guy said to pop round and he'd happily show me what they had. I similarly asked a nearby office that has cameras covering their car park if they could help me out, they said they'd look over the times I gave them and and see if they could see anything worthwhile. Needless to say the builder's merchants cameras don't show enough to be useful and the office folks called me back to say you can't determine anything from that range.

So if you think something has been caught on camera it's always worth asking, as they may be willing to help out, without the need for formal procedures etc to be followed. I also believe that if you're in the footage you have legal rights to see/get a copy of it under the Data Protection Act: ICO - CCTV code of practice

Although this didn't help me it might be of use to others

Ed