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How do I prove kids were in car?(186 Posts)
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.
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?
I can understand why you isn't want to look like a liar. I would just keep saying the dc were in the car. It's her word against yours.
Are you thinking of getting compensation? I agree with others that if the dc weren't taken to a dr straight after the accident, I would forget all about it.
If one small child suffered a head injury and another was traumautised i am quite certain i would have seen a doctor long before i started making insurance claims.
I have been in exactly the same position. We all had sore necks for days. We claimed for all the costs ( written off car and to replace car seats) but wouldn't dream of claiming for minor injuries requiring no treatment
You believe your kids were injured but you didnt bother taking them to the doctor? Not that serious then is it? I cant believe youre making a claim for a few days sore neck and your baby waking up crying. bottom line is if she argues all the way then itll end up in court where you will go against her and be cross examined about the injuries and your kids presence in the car.
Sorry I can't add anything helpful, but I hope you get it sorted soon.
But to the pp why not have rear tinted windows? They stop the sun getting in your childrens eyes? It's also someone's choice surely?!
I have to agree with Northern.
They didn't need medical attention, even if your DS had a sore neck you didn't think it was bad enough to seek advice, so what are you trying to claim for now?
New car seats I could understand, but you seem to think this is your lucky day and a chance to cash in!
If they weren't hurt badly enough for you even to bother getting them checked out by your GP then it would be immoral to try to gain financially from the fact that they were in the car.
I had an accident when a white van man pulled out in front of me and my car was written off. I took my son to the GP the next day as he said his neck was sore and asked the doc to record the fact that it was as a result of a RTA.
That way if my son had suffered problems as a result then I would've had a claim. Thankfully he didn't - and as others have said if I'd tried to gain compensation for such a slight incident then I'd just be helping to push all our insurance premiums even higher.
The lawyers absolutely love it. My mum was in a nasty crash a few years ago and was advised to make a claim for her injuries. She had to give a full account of how people had helped her. In amongst her payout was £200 for her neighbour feeding her cat for 3 days while she was in hospital!! Bloody ridiculous.
Does the op say anywhere she's going to claim compensation?? I can't see it.
For what it's worth I wouldn't. BUT I also would not accept a legal document with incorrect information about the accident and the cars occupants.
Op - speak to your own insurers. This sort of pita wrangling is what you pay them for!
* I just don't understand why they would believe a proven liar over us but I suppose it's to prevent paying out.*
The fact that you didn't take your children to the GP or hospital speaks volumes.
It sounds to me like you are on the make here.
blue dark tints at the back don't meant the driver can't see out clearly. They can. It's from the outside that you can't see in.
icantstop are your dcs nursery age? A nursery receipt that shows they weren't in nursery that day?
Is the place you visited somewhere that would be unusual to go without children - eg a petting zoo, soft play, etc.
Failing that I would highlight the dark tints to the insurance company, and question where she was in order to see the pushchair but not the children.
Did you at any point get the children out or speak to them in situ, highlighting this could also help.
We asked our solicitors at the time wether we should claim and they weren't very helpful to be honest but I'm not interested in the money it's the fact that she's making us out to be liars so I'm happy to pursue it to prove she's lying but I don't want any money. I just want advice on how to do this as I'm not sure how I can prove it as this woman is a complete liar when the kids were definately in the car.
I agreed with that badguider - but if that's what op is concerned about she simply needs to tell the insurers the other driver's account is wrong, so its on record. She doesn't need to "prove" anything
If the OP wasn't trying to claim compensation for her children, it wouldn't matter whether they were in the car.
It's disgraceful behaviour, imo.
If we had an accident I would have taken the children to hospital.
Did you take photos that day?
I don't think it matters if your not claiming for them or seats. Otherwise make your own statement. If she lied over the accident she lost all credibility.
Op sorry dont mean to have a go. I value the best possible view out of all windows when driving so would not drive a car with tinted windows. But thats just me.
Blue I have tinted windows and can see perfectly fine, you can see through them. Mirrors are much more effective when driving anyway.
You don't have to make fraudulent claims for injury to prove your DC were in the car. My 1st post gave you I go on how to prove she's wrong, no need to add injury claims to the mix. And your DD isn't entitled to a bean as you have no proof she was injured given that neither were taken to a doctor to be examined so no evidence of any physical injury. Your DS having a sore neck for a few days - again, you have no proof as not taken to a doctor to confirm he hurt his neck.
I took that to mean paying out for the accident.
I hadn't thought about the carseats - If the bump was as violent as it sounds then maybe you should be asking your insurer what happens about replacing car seats? (Haven't ever had an accident with carseats/children so don't know).
Anyway, the main point is that this is what your insurance co is for - refer all correspondence to them and don't speak to any godawful "personal injury" people.
The OP has said she IS NOT MAKING A CLAIM
She is on the legal board and is asking how to go about proven ghee dc were in the car.
OP just phone your insurers and ask their advice. I would just keep insisting they were there.
Did You buy any lunch or anything when you had your day out? A bank statement might show how much you spent?
I was rear ended recently and being pg went straight to the dr when I got home. Why would you not take your children, especially if one had hit his head?
Still, it's done (or not) now, but I certainly wouldn't be trying to claim (which, presumably, if you are trying to prove the children were in the car you are hoping to do). I guess make sure your account, including the fact about the children being there, is recorded in writing and then leave it. No need to do anything else other than write down your side of the story if indeed you are not intending to take it further. (If you are still trying to claim then I have no further comment).
I'm sorry for the shock that you and your dcs had. It's a horrible moment.
I agree with InternationalPower. When I was involved in an accident there was a small child in the other car, and the woman immediately got out and rushed to check on the child, take her out of the car and check her over. The child was upset and crying but not at all injured - she was just a bit (mentally) shaken up because the woman driving the car (her auntie) was shaken and hysterical and slightly injured. The accident was her fault, and I think she just felt terrible because she had someone else's child with her.
I think the fact your children were in the car is irrelevant. If the accident was bad enough to have damaged your children in any way either physically or mentally, then the woman would have known they were there - you'd have been checking on them, getting them out of the car etc, and with a supposed bang to the head you'd have got him to the doctor surely?
There is clearly no problem with your children. The more you claim for (and I know from experience that the ambulance chasers will do everything in their slimy powers to persuade you that you are at least a little bit hurt, suggesting things that might be wrong with you, planting ideas in your head, telling you they will ring bag in a week or so to give you a chance to think about it, maybe change your mind?) the more your premium (and everyone else's) will shoot up. And unless you can prove actual physical injury the amount you get for a minor accident won't even be that much. It's not worth it.
But typos why would it matter whether they were in the car or not if you are not claiming for them? That's what doesn't quite ring true. Otherwise just providing your own statement should be enough - it's not vital to fight tooth and nail to get everyone believing you, just that you have the equivalent to what the other party have in terms of statement, surely?
Tensionwheels has given very good advice (twice). The other driver has given HER version of events, she is presumably stating she didn't see any children, which could very well be the truth as the OP has tinted windows in her car. The OP can also give HER version of events, however if she tries to claim the children were injured, she would not be able to prove anything without medical records. I think you should just let it go OP.
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