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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.

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.

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!

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.

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 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.

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.

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.

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.

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

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

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?

Icantstopeatinglol Thu 29-Aug-13 15:57:17

Thanks mistyb, I'm tempted to take the kids to make sure they're ok just to put my mind at rest. They do seem ok now but I'll see how they go.
I'm tough skinned though so the judgey comments don't bother me to be honest. I've got more important things to worry about than people I don't know having a go for no reason. I don't give them a second thought smile
I do appreciate the advice from everyone though.

MistyB Thu 29-Aug-13 14:53:42

I am sorry you have had such a drubbing on here.

Just write your statement of truth as you see it. The insurance companies will have to work it out. Regardless of what you say and what she says, she is at fault due to the indisputable fact that she ran into you.

Claims aside, I would take your children to see an osteopath to work out any stresses as a result of the accident. This might help with sleeping.

zipzap Thu 29-Aug-13 14:44:28

With regard the car seats and them not being changed earlier, I would make sure that you get it down in writing somewhere that you asked about car seats early On when making the claim but were told that they wouldn't replace them (sorry on phone so not trawling back for exact details) and that the implication was they would be fine to carry on using, you certainly weren't advised that regardless of whether or not they paid for car seats to be replaced, that they should always be replaced after any accident. And that now you have learnt that this is the case you are horrified that the incorrect advice you were given (particularly as it was at a time soon after the accident when you were still in shock and pain and not in robust health to be challenging what they said, you assumed that they would be on your side and providing correct advice) has meant you have been driving around with unsafe car seats for your kids.

Hopefully if you have a solicitor they will word it better but if some people up thread have said that you are likely to be penalised for not changing the car seats ASAP, then if the reason you didn't is because of what the insurance company did or didn't tell you at a time when you were vulnerable then that needs to be taken into account too.

zipzap Thu 29-Aug-13 14:31:21

You say you were all on a lovely day out.

Do you have any photos or other evidence (receipt from 4 ice creams or credit card receipt for entry or lunch etc) from the day out that you were all together on the day out?

Because then, if you were there and you were on the way home, where else could the children be... They are hardly going to be making their own way home at that age!

RobotHamster Thu 29-Aug-13 14:17:11

Sorry for stating the obvious, but make sure you keep the receipts for the carseats.

Icantstopeatinglol Thu 29-Aug-13 13:53:34

replace the carseats that is

Icantstopeatinglol Thu 29-Aug-13 13:52:22

Thanks Ilovebaby, yea we are claiming of the other persons insurance co but when we reported it through our insurance they just kind of dismissed it so we didn't think we needed to. I am going to now though.

ilovebabytv Thu 29-Aug-13 13:43:06

me and ds (1) was in my stationary car when i was rear ended. Absolutely the other persons fault, and we claimed through their insurance. At time i got a bit of headache and it wasn't until later that I felt the pain of whiplash. I made an appointment with my gp and had my ds with me (but appt not for him). GP asked about ds though and he had been acting pretty much as how you describe your dc. GP told me that ds was also suffering from whiplash but there is not much to do other than calpol. I had to put claim in for car seat from other insurers. Are you claiming off other persons insurers, as youve not made it clear. If other person is at fault you should not be claiming off your insurance at all. We were awarded £500 for ds whiplash and £200 for his car seat. People saying that children cant get whiplash if in a car seat are speaking shite imo.

Sorry not what your asking but just sayin!

Icantstopeatinglol Thu 29-Aug-13 12:37:26

Yea dh is onto it today and I'm online looking at suitable replacements now. Thanks for your help.

TensionWheelsCoolHeels Thu 29-Aug-13 12:17:54

Icant that's probably the sensible option, the car seats will just form part of your claim and any argument over whether your DC were in the car or sufficiently injured to warrant claims can be sidestepped altogether. It just clears the way for your other 2 claims to be dealt with more pro-actively/in a straight forward manor.

Icantstopeatinglol Thu 29-Aug-13 12:08:07

Larry, were claiming for me and my dh and the solicitors advised if we didn't claim for the dc we couldn't go back so we claimed but were thinking of withdrawing their claim as they're actually ok but were going to claim for their carseats.

larrygrylls Thu 29-Aug-13 11:59:28

ICantStop,

Where does a lawyer come into this? Are you making a personal injury claim for yourself? If so, surely the lawyer has encouraged you to claim for the children, too?

Icantstopeatinglol Thu 29-Aug-13 11:43:26

Thanks tensionwheels and Katy, I'm annoyed that our insurance company didn't tell us to replace the carseats and they do look fine but obviously that doesn't mean anything. I did look into it at the time but it was hard to tell what was the right thing to do and as our insurance co didn't seem concerned I didn't think it was a problem. I will be sorting it out today though, my kids are my world.

TensionWheelsCoolHeels Thu 29-Aug-13 11:35:19

Icant you might want to look into the sort of cover you have, and look around for another co that covers car seats as standard. You'll be using car seats for a number of years to come, and its probably an important element of cover for your family. At the very least, even if your insurer didn't actually include that type of cover on your policy, they should have advised you that the seats should be replaced.

Just so you know, if someone else raises the question of occupancy in another car, it's them that needs to prove the number of people in the car, not the other way around. What you will have in your favour is what you told your insurer when you reported the acc. You have a tinted rear window. You can comment on how the other woman appeared in shock etc. and you can also describe where she stood, who she spoke to, and if she was close enough to get a clear look inside your car. If she has made no comment on your interior, you can point that out too. You do have a lot in your favour to dispute what she's said, and I'm sure her insurer will then take the view that its not worth the expense of risking litigation to argue over the cost of car seats, and pay up. In order to prove someone who is claiming for injury wasn't actually in the car, you need cast iron evidence to take that forward. From everything you have posted, I don't think there is strong enough evidence for her insurer to maintain their stance here. Just giving them your own 'statement of truth' should be enough to get you the end result - the cost of replacing the car seats.

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