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AIBU?

Could bloody cry

43 replies

funsizedninja · 21/12/2016 16:51

Hi fellow Mumsnetters. Long time lurker but first time poster. Just need a handhold. Somebody hit my car back in august. It was parked outside my friends house and her neighbour opposite rolled off his drive right into the side of my beautiful new car. He calimed he forgot to out his handbrake on . He knocked on the door and apologised. He was really adamant he would pay for a local garage to fix it and got angry when i said no as it would have voided my warrenty. Grudingly he exchanged details. Only now he is claiming "mistaken identity" and saying he never hit my car. The neighbour saw it happen and has told the insurance, but he is claiming he wasnt there as his wife is claiming they had gone into town shopping for the day and has receipts. No... that proved SHE went out not him! Anyhoo - the police were at his address less than half hour before - looked like they were seizing a van. I have contacted them to ask if they will confirm just the time and date they were there to prove he was at the premesis but nothing back from them. Im so so upset. Chances are the lying bastard will get away with it and i will end up with a claim for a collision for a car that was occupied!! Sorry for the rant. Has somebody experienced similar with a good outcome?? I would like to add i was not illegally parked, blocking anyones drive etc. It was parked across the road opposite him with PLENTY of swing room. He his my driver door. AIBU to be furious? For gods sake i was 300 miles from home. How on gods name would i be that far away, have a photo of him, his address, phone number, insurance company, and car make model and reg if its MISTAKEN IDENTITY?!?

OP posts:

Report

lovelearning · 21/12/2016 16:55

Let your insurer deal with it.

EweAreHere · 21/12/2016 16:55

How was this not sorted out back in August?!?!

If he's only claiming this now, I would ask your insurance company about involving the police. Surely there's a criminal charge in there somewhere for fraudulently claiming it wasn't him. And ask if they can follow up with the police that were there that day.

lovelearning · 21/12/2016 16:55

Long time lurker but first time poster.

funsizedninja · 21/12/2016 17:01

I have no idea. I reported it the day it happened. His insurance will not budge and keep giving my insurance the "our client claims it was not him involved in the collision." And thats what i thought - surely it must be a crime to fraudulently deny involvement? So basically in my mind i could go and smash someone up and go "oh its not me.. sorry" and that would be that?!? Insurance are arses. My premium expired and has shot up as have had to out down "unresolved claim"

OP posts:

YoHoHoandabottleofTequila · 21/12/2016 17:03

Let your insurance deal with it and refuse to accept anything other than the claim you've put in.

Someone drove in to the back of my beautiful new car about a month ago, its shit.

OurBlanche · 21/12/2016 17:05

Do both insurers know he has spoken to you and your friend and admitted liability? And you have a witness?

Bloody Nora! The nerve of some people!

Remember, once this is all done and dusted, to issue a small claims notice for the insurance premiums and any other out of pocket expenses on the basis that his lying caused you extra expense!

neonrainbow · 21/12/2016 17:05

Hasn't the neighbour who saw it been asked to provide a statement? The insurance could also arrange to inspect both cars to see if the damage is consistent.

YoHoHoandabottleofTequila · 21/12/2016 17:06

You don't have to agree with it OP.

Mybeautifullife1 · 21/12/2016 17:07

Where would you have got all that personal info from if it wasn't him. Get a sworn statement from your friend.

iamaLeafontheWind · 21/12/2016 17:09

You have a photo? Taken on a phone? That will have metadata with location and time on it...

funsizedninja · 21/12/2016 17:15

I took a photo of his car. But apperantly its not enough! What the blummin heck do they need more than that! He only had a few scratches on his car, mine took the major brunt of it. I have a statement from friend and neighbour. His insurance are saying "wont use friend statement as its not credible due to being my friend!!" Its a joke. Im over £130 out of pocket due to the insurance premium enterprise hire car made me pay - refused to let me take the car unless i paid for this "additional" insurance. Its just one thing after another. I have kept the receipt. Would it be worth me contacting the police? What could they do? He is utterly denying it all. How can people be so evil. Im grateful me and young wernt in the car or hurt - as it could have been worse - but its not the point. How are people so evil?!

OP posts:

wherearemymarbles · 21/12/2016 17:16

Let the insurers deal with it. If you had a witness thats enough and you can inform you insurer the police had been there.

I had similar in that the driver at fault suddenly found a witness. When said witness was asked if they would stand up in court... surprise surprise they disappeared!

Line to take with your insurer is if they back down then they can do but you still equire a mo fault claim.

Footinmouthasusual · 21/12/2016 17:20

Your insurance company is shite! You need to complain formally to them and if they don't deal with it get onto the ombudsman.

post this in legal for best advice.

wherearemymarbles · 21/12/2016 17:21

I am aftId insurance companies to tend to igmore friend family as witnesses for obvious reAsons. However for that basis they have to ignore his wife as well. You meed to be tough with your insurer.

wherearemymarbles · 21/12/2016 17:23

Sorry about the sbove, Fucking phone! Keyboards made for people with pen nibs for fingers!!!

Whatsername17 · 21/12/2016 17:27

This happened to me with a taxi driver. He hit my parked cars, dented it and then asked me to sort it privately. I said no and went through my insurance. It was all fixed but my insurers wrote to me to tell me he was refusing to pay and I had to provide an additional account of what happened. I did and, after 12 months and the company taking legal action, the case was resolved. Leave it with your insurance company. Provide any details you are asked too and let their legal team handle it. It's why you pay your premiums. The guy made easy feel terrible for not sorting it privately but I'm so glad I didn't.

lurkinghusband · 21/12/2016 17:29

How much is the damage ?

You always have the option of pursuing the damages yourself

www.gov.uk/make-court-claim-for-money/court-fees

£70 will allow you to claim £1,500.

See if he's willing to repeat his lies in court. Or if he bottles it, and gets his insurance company to step in. That is assuming he has actually told them ... if he's as stupid as he sounds, he probably hasn't (in which case he is in a lot more trouble than he thinks).

I know not everyone can afford the fees, but that's all you stand to lose (assuming the court finds against you).

Letter before action first (keeps the court happy).

YoHoHoandabottleofTequila · 21/12/2016 17:34

So all someone has to do is say 'it wasn't me' and the insurance company go 'oh ok then'. And that's it.

MikeUniformMike · 21/12/2016 17:37

Could you write to the consumer section of a newspaper or similar and explain the situation. I'm thinking of Ask Jessica in the tellygraf but other similar columns probably exist.

bluebell9 · 21/12/2016 17:37

I would inform the police of what had happened. Say you would like to report your car being hit, have evidence but now the other party is denying that they were there. Good luck

specialsubject · 21/12/2016 17:39

We had two of this type (long time ago) - producing magic witnesses, saying 'it wasn't me' and so on.

they don't have the balls (either gender) to stand up and lie in court, once they find out that is perjury and you can be jailed for it.

so you need to get your insurers to deal with it, by going to the ombudsman if necessary.

Thattimeofyearagain · 21/12/2016 17:40

Let insurance sort it. Who are you insured with ?

John4703 · 21/12/2016 17:44

I feel your pain. nine months ago I parked outside a shop and left my DW is the passenger seat, she was unwell and unable to drive. She came into the shop to tell me that someone had reversed into our car. The other driver was full of apologies and we exchanged details. He told his insurance it was his fault. 5 months later he changed his mind and claimed that we were both moving so it was 50/50. The shop only keep CCTV images for 3 months so no joy from that. Last week I had to pay £75 excess to my insurance as they said without an independent witness it is impossible to prove what happened. I'm livid and if I ever meet the other driver I'll tell him what a bastard he is.
I'm sorry OP but you may have a fight on your hands but as he ran into the side of your car you can't have driven sideways into him so you may win a case.

Sizzledsticks · 21/12/2016 17:44

Not exactly the same scenario but someone swung out of a side road and hit me - said I should have moved over . I had a cyclist on my inside which I would have hit! Anyway, their insurers first admitted responsibility (presumably to delay me putting claim through my insurers - which I believe would cost them more). But then months later get call saying she now denied responsibility. Maybe they thought I'd have forgotten what had happened by then. Fortunately, I remembered absolutely everything, including exactly how and where she'd hit me because I was quite traumatised by the whole thing. I recommend a) making a statement at the police station about this man's fraudulent claims b) keep on at your insurance company - if necessary call them every day until you see some action.

MetalMidget · 21/12/2016 17:45

My mate had similar in that they were driven into by driver pulling out of a parking bay whilst on their phone. The muppet initially admitted responsibility, but then kept on changing their story, eventually trying to put the full blame on my mate and claiming for emotional distress and whiplash.

They were pretty much laughed out of court, found 100% responsible, and had to pay all costs. My mate was advised that they could pursue further action, but it had taken over a year and they just wanted it done with!

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