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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

How do I prove kids were in car?

185 replies

Icantstopeatinglol · 27/08/2013 07:52

Hi, I just wanted some advice really. A (stupid) woman drove into the back of mine and dh car a few months back when we were on the way back from an afternoon trip with our 2 dc. She has lied all the way along saying there was no damage to the cars....which has now been sorted as garages have shown there was £2.5k of damage over both cars. She has also stated no dc in car!? To be fair she was very shook up but was only interested in herself as all she went on about was how she'd had such a bad day and this was going to affect her insurance badly! We do have rear tinted windows so she probably couldn't see them anyway though she has stated she noticed a pushchair in her statement. My ds banged his head and was quite upset afterwards and dd was thrown forward so much it woke her up and consequently she has woken up screaming quite alot since (this has never happened before). Anyway, the other insurance company are now saying they have received a 'statement of truth' or whatever from said woman saying no children in car?! What do we do now? Why is it upto us to prove our dc were in the car when this woman has lied all the way along?
Any advice would be greatly appreciated.

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Report

InternationalPower · 27/08/2013 07:56

If dc weren't injured, why does it matter to the insurance co? Please don't be one of those hideous people making claims over nothing and forcing all our premiums up. Im sure it was distressing for them at the time but you getting some cash isnt going to change that

TensionWheelsCoolHeels · 27/08/2013 07:59

Have they provided a copy of the statement? What does it say? Usually they'll ask her detailed questions to determine how good a look inside the car she had, whether she can describe the interior, where she stood, what conversations took place etc. The fact your rear window was tinted would raise an eyebrow when there is a question over occupancy, so specific detailed questions should clarify whether she can confidently state how many people she saw in the car.

As an aside, if your DD has sustained no physical injury, I wouldn't bother trying to claim for emotional upset in, I assume, a young baby. There is established case law that prevents such claims, and with a baby that wakes up crying, it is impossible to prove that's as a result of the accident.

NickNacks · 27/08/2013 07:59

Did you call an ambulance? Or his doctor records when you got him checked out afterwards?

Icantstopeatinglol · 27/08/2013 08:01

Actually they were hurt, ds had a sore neck for a few days afterwards after this stupid woman who we think was on her phone but can't prove drove into us. Dd was crying and having nightmares for wks afterwards and we can't be sure if this was partly neck pain but as she's so young it's hard to tell. I just don't understand why they would believe a proven liar over us but I suppose it's to prevent paying out.

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DoItTooJulia · 27/08/2013 08:02

I don't think that is very fair or nice from InternationaLPower,

If someone is saying our kids weren't in he car but they were I completely see why you would want to put it right. Also, if you are going to get an insurance payout for them so be it, if it pushes p other people's premiums its hardly our fault is it?

Do you have the receipts from the afternoon out? Was it a weekend day or a weekday?

lougle · 27/08/2013 08:03

You're surely not trying to claim for a slightly sore neck??

DoItTooJulia · 27/08/2013 08:03

The our faults should be your...

TensionWheelsCoolHeels · 27/08/2013 08:04

Sorry, should add, the other insurer will likely ask how your DS banged his head if he was securely strapped into a car seat, to try and determine if the claim is genuine, aside from the question over if they were in the car or not. An impact from the rear would tend to throw you forwards, then back, hence the whiplash effect. How is it possible for a small child to hit their head if they were secure in their car seat with an impact from the rear?

Hulababy · 27/08/2013 08:05

Are you claiming for new car seats? Is this why they are wanting proof?

Did anyone else attend the accident?

Icantstopeatinglol · 27/08/2013 08:05

Thanks doittoojulia, yea we have receipts but can you believe the place we went to only counted me and dh as you don't pay for 5's and under! I'm going to ring them today and see if there's any other way they can prove we were there. In one way I'm thinking is it worth it but in another way I don't want to look like a liar!

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Icantstopeatinglol · 27/08/2013 08:07

Ds hit his head as he was thrown forwards then back and he hit his head on the car seat.

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TensionWheelsCoolHeels · 27/08/2013 08:08

But you cannot prove the crying/nightmares are as a result of the accident. Crying/waking in the night is typical behaviour from small babies, and they cannot testify as to what caused the upset. I really cannot believe people justify making claims for this stuff. It's a huge waste of money from many angles, and the money is hardly going to cure your DC is it?

Icantstopeatinglol · 27/08/2013 08:08

No hulababy noone attended as we didn't think its necessary as she accepted it was her fault straight away (but didn't apologise!).

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bluecheque4595 · 27/08/2013 08:09

Why do you have rear tinted windows? ? If you didnt you could have been sure of this woman being on the phone and she could have seen your children in the car, two problems solved immediately.

TensionWheelsCoolHeels · 27/08/2013 08:09

Was your DS checked out by a doctor or at A&E?

Icantstopeatinglol · 27/08/2013 08:11

Tensionwheels, I hardly think its coincidental that her nightmares started straight after the accident and nearly every time I came to stop at a junction she would shout in her sleep and open her eyes!? I know my dd and this is not like her at all.

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Icantstopeatinglol · 27/08/2013 08:12

Bluecheque, I have rear tinted windows cos the car had them when I bought them? What has that got to do with anything?

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Themarriedwoman · 27/08/2013 08:12

The medical reports from the scene would be proof surely?
How old are your children? Weren't they properly strapped in?

Icantstopeatinglol · 27/08/2013 08:12

No dc weren't taken to drs but wish I had now.

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TensionWheelsCoolHeels · 27/08/2013 08:13

So what are you looking to gain then? As I said, unless you can prove your baby suffered from a recognised, properly diagnosed, psychological injury, you will get no offer to compensate her for her 'distress'. I have a particularly low opinion of parents who try and make money out of this kind if thing.

northernlurker · 27/08/2013 08:14

If your children were hurt you should have taken them to the GP or hospital afterwards and you can get a medical report the insurers can use. I think however there's no chance of anybody believeing a minor bump in the car has traumatised your daughter. As children grow they change their sleep patterns and lots of young children will wake in a panic due to dreams.
If you didn't bother seeking medical help then forget it. You'll never convince the insurers harm was done, let alone that the dcs were there. You also run the risk of appearing vexatious.
The car seats though should be replaced whether dc were in them or not. Dh had an accident with the seats in and our insurers paid up without question.

northernlurker · 27/08/2013 08:15

x posted - you've got some nerve then. Why do you think the insurers should pay when you, the parent weren't concerned enough to seek medical advice?

TensionWheelsCoolHeels · 27/08/2013 08:15

So your DC were apparently injured in a car accident but you didn't bother to get them checked out by a doctor? You weren't concerned enough to actually get them checked out, but you are concerned enough to try and make money from their 'suffering'?

Themarriedwoman · 27/08/2013 08:16

I am sure there is nothing to worry about then is there? Or you would have taken them for medical attention. Why does it matter to the insurance company if they were in the car or not? It was the car that was damaged, not the children.

jojane · 27/08/2013 08:16

Surely if it was significant accident to throw you all forward in the car etc you would have had the children checked out, especially if they are too young to tell you of anything is wrong?

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