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How do I prove kids were in car?

(186 Posts)
Icantstopeatinglol Tue 27-Aug-13 07:52:04

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.

Icantstopeatinglol Thu 29-Aug-13 16:01:07

Zipzap, I do have receipts but as you don't pay for under 5s and I was on a corporate pass the dc aren't showing on the receipt! Typical! I did see a co-worker at the theme park we visited and he wrote a statement saying he saw us and the dc which we included in our statement of events but they seem to have ignored this?

Terrorvision Fri 30-Aug-13 09:47:32

ican't just want to say: I totally get how upsetting it is for insurance companies to give credence and apparent equal weight to a liar, when you have acted honestly and in good faith. And like you I would do things differently if ever in a clod soon again (h

Terrorvision Fri 30-Aug-13 09:50:17

Sorry, iPhone.. Hope not to be in a collision again but if I was would know so much more about what to do but totally understand that it is not clear or obvious when you are standing shaking on a roadside

lborolass Fri 30-Aug-13 10:47:16

I'm late to this thead and it seems to be a but heated but I can't help wondering if you're overthinking this OP.

The other person has given their recollection of the accident, you should give yours and then let the insurance companies decide what to do surely.

You can't prove your children were in the car, she can't prove they weren't and this type of disagreement must happen day in day out at the insurance companies. They will know what to do, I'd stop worrying and just tell them the truth. You do seem to be taking it very much to heart, it's annoying but not personal imo.

peggyundercrackers Fri 30-Aug-13 10:54:30

ican why are you dealing with your insurance company? its absolutely nothing to do with them. someone run into you therefor they are liable for everything.

i have had 2 people run into me in the last year and the first time it happened i called my insurance company and they said they can deal with it or i can deal with it - i decided to deal with it on my own and never had any trouble with the other insurance company at all. unfortunately someone run into side of my car whilst i was shopping at the beginning of the week and im not not going to my insurance company this time as its nothing to do with them. the other company called yesterday and they have arranged for the car to go in and a hire car to be delivered - all at their expense.

If i needed legal advice i would use the cover from my house insurance to help me fight the case.

My insurance company did say if i involved them then it would affect my premium hence the reason I decided to deal with it myself.

Icantstopeatinglol Fri 30-Aug-13 11:12:03

Iborolass, I think you're right. I feel a bit better today and I'm just going to see what happens as I know I'm telling the truth so it's upto the insurance co to sort it out.

Icantstopeatinglol Fri 30-Aug-13 11:14:55

Peggy, the discussion with our insurance company was just when we reported the accident. Since then we've been dealing with solicitors but they're not very helpful to be honest. They just seem to be trying to hurry the process through without advising us properly. I'm sure it will all get sorted though.

bemybebe Fri 30-Aug-13 13:26:54

I could not see the whole thread and don't know if it was mentioned but maybe the park security can see make a copy of a cctv photo?

Icantstopeatinglol Fri 30-Aug-13 14:12:28

Yea I had considered that bemybebe but I'll see how we get on first. Hopefully it won't come to that.

zipzap Fri 30-Aug-13 14:35:18

Peggyundercrackers you might find it affects your insurance claims anyway sadangry

Somebody drove into dh in a car park (he couldn't turn his head so used to check it was clear before getting into the car and hope it was still the case when he reversed out of his space shock). He admitted full liability and although we told our insurers, his insurers dealt with all of it. However our premiums went up, despite us being completely not at fault. Apparently it's because having been involved in an accident we are now at higher risk of being in another one. And that we still get the same no-claims discount as before (ie the same percentage) but as we are now higher risk, the base price before the discount is applied is higher to reflect this risk.

I discovered this because when I was getting quotes the year after it happened I didn't mention it to my insurers and they came back and said you had a claim, I said I didn't, thinking they meant we had claimed on our own insurance, we were at no fault and all other person's fault and insurance, at which point they said the above. I genuinely wasn't trying to diddle them, it hadn't occurred to me that this situation would be counted as a strike against us as well as the bloke that actually caused the accident, plus the wording wasn't very clear given the circumstances. They also pointed out that should we have needed to claim on our insurance later on, they would have been able to turn down our claim on the basis of not having told them everything for them to give us an accurate quote.

These days I've noticed that the wording is often much clearer and more explicit about making any claim regardless of whether or not you involved your own insurers. And I always make sure that I mention it when getting quotes. I've also discovered that you have to keep mentioning it for at least 5 years and they want quite detailed info that it hadn't occurred to me to keep - actual date of the accident, how much claim was for etc etc - so it's worth writing it all down and keeping it somewhere handy so you can pull it up each year rather than try to dredge it out of your memory and discover you have a detail wrong. The one year I couldn't find the details I found it was easier to get the approximate quotes online and then speak to someone as on the phone you can say that it was about this time or cost about that much or that you can't remember - and they can deal with it, whereas online systems are very black and white and can't cope with that sort of fuzzy info so you can inadvertantly end up giving wrong info, again which might invalidate future claims.

Definitely not worth hiding it from your insurers as you might end up with bad knock on effects!

peggyundercrackers Sat 31-Aug-13 11:28:45

zipzap our renewal was 2 months ago and actually went down even though the insurance company knew about the 1st accident.

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