Car accident lady denying being involved?

24
Found 19th Apr 2012
My brother was involved in an accident in February during the bad snow when a woman rear ended the back of his taxi and he had two passengers in the back who gave details and were happy to be witnesses.

The lady gave her details (false I think as the address is wrong and phone number did work now doesn't). She never gave her own number rather her boyfriends and he dealt with my brother one or twice over the phone and said he wanted to do it privately which my brother refused.

It was reported to the insurance who spoke to the witnesses and the insured parties bf who said his gf handed money over to my brother (a lie) and this was recorded.

She now denies being involved even though she gave her details and the 3rd party insurnace is asking for description of the lady from my brother.

Advice pls.

24 Comments

I always keep a disposible camera in the glove box in case of an accident.

Original Poster

whatsThePoint

why leave it this long to go to his insurance company ?



The insurance company were informed right away but the third parties insurances took ages to respond.


SouthParkFan

I always keep a disposible camera in the glove box in case of an accident.


Yes:(

So the bf paid privately for an accident that now didn't occur? Interesting.

Just all seems a bit convoluted to me?

I've read it three times and still cannot understand it - if the boyfriend offered money and your brother refused - the insurance company know about this and it is recorded, how can she deny being involved if an offer of money had already taken place?

Confused.
Edited by: "maccy1" 19th Apr 2012

Original Poster

maccy1

Just all seems a bit convoluted to me?I've read it three times and still … Just all seems a bit convoluted to me?I've read it three times and still cannot understand it - if the boyfriend offered money and your brother refused - this should have been reported straight away to the insurance company.How can she deny being involved if an offer of money had already taken place?Confused.



This was reported to the insurance right away. The insurance also have it recorded that the bf called my brother ins to say he gave the driver money (lie).

But the lady driver says there was no collision and she was not involved.

How on earth do the insurance resolve this?

sabz786

This was reported to the insurance right away. The insurance also have it … This was reported to the insurance right away. The insurance also have it recorded that the bf called my brother ins to say he gave the driver money (lie).But the lady driver says there was no collision and she was not involved.How on earth do the insurance resolve this?



Yes I have just read again and changed my reply, but my question again, why would the boyfriend offer money if nothing had happened (ie the lady denying she had done anything). If the insurance company know he offered the money, this confirms the collision happened?

I don't know, my head hurts.

SouthParkFan

I always keep a disposible camera in the glove box in case of an accident.



Every phone has one on now !!

Banned

maccy1

Yes I have just read again and changed my reply, but my question again, … Yes I have just read again and changed my reply, but my question again, why would the boyfriend offer money if nothing had happened (ie the lady denying she had done anything). If the insurance company know he offered the money, this confirms the collision happened?I don't know, my head hurts.



Simple. The boyfriend / woman just deny they ever offered his brother the money.

It's down to your brother to prove the other woman hit his car. The best thing for him to do would be to give a full description of her as best as he can remember. It's also worth asking your insurers to see if they are willing to appoint an engineer to inspect the third party's car. Some insurers will do this if the other party is denying involvement

Even if she's had damage repaired, a qualified motor engineer will spot it straight away.

It was reported to the insurance who spoke to the witnesses and the insured parties bf who said his gf handed money over to my brother (a lie) and this was recorded.


The OP said it had been recorded that the boyfriend had given money.


DJ1

Simple. The boyfriend / woman just deny they ever offered his brother the … Simple. The boyfriend / woman just deny they ever offered his brother the money. It's down to your brother to prove the other woman hit his car. The best thing for him to do would be to give a full description of her as best as he can remember. It's also worth asking your insurers to see if they are willing to appoint an engineer to inspect the third party's car. Some insurers will do this if the other party is denying involvement Even if she's had damage repaired, a qualified motor engineer will spot it straight away.


Edited by: "maccy1" 19th Apr 2012

Banned

maccy1

It was reported to the insurance who spoke to the witnesses and the … It was reported to the insurance who spoke to the witnesses and the insured parties bf who said his gf handed money over to my brother (a lie) and this was recorded. The OP said it had been recorded that the boyfriend had given money.



OK, but as there's now a full denial of involvement I would assume that the BF is not insured or named on the policy and what has simply happened is the GF has spoken to her insurers and said "No, my BF is talking rubbish, that never happened."

Unfortunately in a motor claim the burden of proof is on the claimant. The third party can simply say "nope, wasn't me" and the claimant and his insurers have to do all the work to prove it.

What is strange in this case is that the brother has 2 independent witnesses. These are a "golden ticket" in claims, you have one of these on your side and you're home dry. However I would assume that the 2 witnesses are unable to confirm the exact registration or provide a description of the third party and that's where the problem is.

I'm out anyhow, something not quite right here.

Original Poster

DJ1

OK, but as there's now a full denial of involvement I would assume that … OK, but as there's now a full denial of involvement I would assume that the BF is not insured or named on the policy and what has simply happened is the GF has spoken to her insurers and said "No, my BF is talking rubbish, that never happened."Unfortunately in a motor claim the burden of proof is on the claimant. The third party can simply say "nope, wasn't me" and the claimant and his insurers have to do all the work to prove it. What is strange in this case is that the brother has 2 independent witnesses. These are a "golden ticket" in claims, you have one of these on your side and you're home dry. However I would assume that the 2 witnesses are unable to confirm the exact registration or provide a description of the third party and that's where the problem is.



There was no record of money being passed, my brother said no thanks.

The drivers bf was not present at the RTC but turned up afterwards and took control for the GF.

The witnesses have refused to give a statement two witnesses (mother 40, son 20) who originally gave details now don't want to get involved.

Banned

sabz786

There was no record of money being passed, my brother said no thanks.The … There was no record of money being passed, my brother said no thanks.The drivers bf was not present at the RTC but turned up afterwards and took control for the GF. The witnesses have refused to give a statement two witnesses (mother 40, son 20) who originally gave details now don't want to get involved.



Well, that sucks! As I said in another post, I think the best thing for him to do would be to ask his insurers to see if they will appoint an engineer to inspect her car. Cost wise, the most it's going to cost his insurers is between £60 and £120 but it could mean the difference between a loss and a win in a case like this

I agree with DJ1, someone drove into the back of me a few years ago (they didn't deny involvement but they did try saying that I had reverse into them) but the insurers sent people to check out te damage to his car and from that established I was his fault. I know it's slightly different circumstances but same way to resolve! Have you got the correct address now? If not you should be able to use the number ate to find out where they live and go check out the car yourself as well?!

IF and it is IF, she will agree to having her car examined, the insurers need to appoint a Forensic Assessor. The same assessor should carry out an inspection of both vehicles. It will cost the insurers about £150 for each car, but the reports are admissible as evidence in court.

If your description matches her then youre sorted, if she refuses to co-operate youre sorted
so either way if should be ok

Banned

insurence has 28 days anyway to admit it. if she hit at back its clear its her fault why do u worry if its your bro s car sod it and worry less props ur solicitor is crap. im with claim time.

Interesting....

sofiasar

insurence has 28 days anyway to admit it. if she hit at back its clear … insurence has 28 days anyway to admit it. if she hit at back its clear its her fault why do u worry if its your bro s car sod it and worry less props ur solicitor is crap. im with claim time.



Interesting.....

My family and I have had very poor dealings when it comes to car insurance incidents/accidents.

Case 1: my wife learning to drive with instructor, gets rear ended while turning right from a main road to a side street, location was in a 30mph max normal housing estate. Learner car written off, however plaintive with good solicitor gets 50-50, so my wife technically gets 25% blame. How is this? Answer solicitor & driving instructor caves in! Due to high cost of her renewal and cost to get her new L car I guess! Lesson 1: you never know what can happen; when you are hit by a driver who has a good solicitor who takes you to court.

Case 2: my rear ends vehicle at roundabout, i.e. shunts stationery vehicle that doesn’t pull away, she bumps it, bumpers do their job, exchange numbers, etc, all good as no damage, all amicable, I even went to inspect the vehicle myself, zero damage, alas no photos. I warn my insurance company of possible claim, you never know. Upon insurance renewal, I am informed of claim for £700 for accident had been paid out! I had zero knowledge that this had been paid out. Lesson 2: get full details, photos, witnesses, for even the most trivial incident/accident. Conclusion: I have poor insurance, just paid out as ‘it was obviously’ my wife’s fault (true) but nothing had really happened, and I had no correspondence to discuss the incident.

Case 3: my daughter turns right from main road into side road at traffic light controlled junction (filter right), gets front ended by L plate driver, in the melee, however she see didn’t know who was driving other car, learner or passenger, even witness say the other driver came from nowhere, possibly amber gambler or throught right light. However police by default blame her for pulling out on other driver, she’s technically at fault; Guess what £7K whiplash, loss of earnings against her, for a N reg Corsa £300 car. Yeah, this may well be true event, but not necessarily the true event, as I see on TV, they are not always genuine claims, just claims that are settled by insurance companies in a tit-for-tat merry-go-round. Sadly she had 3rd party insurance, mistake on my party, so it cost her £9K in total, lost car and had to do a drivers assessment course. Yeah before you say it, she may have been culpable but we learnt some valuable lesson here. Lesson 3, 4 & 5: You just need fully comp insurance, money for solicitors to fight claim in court and luck.

Overall conclusion: money talks, as you pay solicitor to ‘sort out’ the insurance companies to get what you are happy with or damage limitation.

So sabz786, don’t hold your breath for getting what you want.

Original Poster

Made a phone call to the claims company today and told them how unhappy i was, they are now escalating!

Hi

I'd suggest that you're likely to lose your NCB. I had a driver go through give way lines into the side of my car in a supermarket car park. He apologised, wrote down his details and said he'd inform insurers. My claim was paid - £750 as I had a £250 excess. Months later my insurers told me the other driver had denied any involvement, I gave a description of him and they said they'd ask his insures again to pay the claim. My insures have now written to me (5 months after the incident) to say that although they don't believe that I was at fault I will lose my NCB if they can't recover their losses in full "for any reason". Seems "any reason" includes them making very little effort on my behalf as I asked them to see if the supermarket had any CCTV footage that could be released to them. I've asked the police if they will investigate the other driver's fraudulent misstatement (fraud act 2006) in the hope that a visit from plod will **** his conscience and make him do the decent thing and acknowledge his involvement, trouble is I have little faith that the police will investigate this - I think they'll trot out the phrase "it's a civil dispute" despite the fact that it also appears to be a crime of fraud. I wish I'd taken photos of him and his car but you just don't expect that somebody being so apologetic will later deny any involvement

Always been 'lucky' with resolving accidents (all caused by other people).

My mates dad had his merc written off by some chavette in a banger recently, he was parked and she drove into it at speed. She admitted it and they swapped details, the same day her chav boyfriend made a threatening call saying if they report it to the insurance he will burn the house down while they are asleep. Over the following few days this monkey made more threatening calls and started turning up at the house making threats. In the end they decided to take the loss.

I got rear ended a few weeks ago at a roundabout when stationary. Was straight out with my phone taking snaps and getting details to cover my back as much as possible. Luckily not a chav and admitted fault straight away.

Banned

sofiasar

insurence has 28 days anyway to admit it. if she hit at back its clear … insurence has 28 days anyway to admit it. if she hit at back its clear its her fault why do u worry if its your bro s car sod it and worry less props ur solicitor is crap. im with claim time.



Wtf?

Not so stupid after all as he has now admitted the claim and I'll be sent my £250 excess and keep my NCB, for anybody in a similar position police rang me and would have taken it further as a fraud investigation if he had continued to maintain he was not involved. I wasn't blaming somebody who wasn't there and I did have some independent evidence, ie his writing of name address phone number, I hope I don't have the misfortune to be in another crash but will make sure I take photos in the same cicrs again.

pquote=whatsThePoint]

notstupid

Hi tbh honest you sound stupid to me, you say you didn't bother getting … Hi tbh honest you sound stupid to me, you say you didn't bother getting any proof (pics etc) and are now blaming people who weren't there because they have no proof either

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