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Woman reversed into my wife's car at traffic lights but won't accept liability. Please help

(134 Posts)
domelsnake Mon 21-Mar-16 10:24:29

Hello all,

My wife had this incident a while ago.

While waiting at the traffic lights as soon as the light has changed from red to green the car in front of her put the reverse gear in and reversed into her.

The lady apologized saying she is a new driver and put the reverse gear in error.

Luckily for us there was no damage on our car and little dent on the other's car bumper. Because the driver of the other car was in fault they have decided to forget about this and come back to work therefore no personal details have been exchange.

I have reported this to my insurance company any way just as a backup.

After few weeks my insurer came back to me no saying the other party is blaming us for the accident and trying to make a claim.

Because no details have been exchanged they have reported this to the Police saying it was a hit & run and asking for the driver details that time which we have provided.

After few months we have received a court documents saying the other party is claiming their car to be fixed as well as £5k injury claim.

I spoke to our lawyer provided by our insurance company and have been told there is no way to win this case without CCTV footage, dashcam footage or witness (unfortunately there is none of those.) and have been asked to sign the from of consent which basically means my wife takes responsibility for the accident which we don't want to do.

Apparently the court bases their decision on statistics saying 9/10 times with this type of collision is the person in the back in fault.

Is there anything we can do to get the decision to be made in our favor?

Gisla Mon 21-Mar-16 10:35:35

This may be one you have to chalk up to experience. We had a similar thing happen when a parked car pulled out on us with no warning as we passed them. It's unfair, but there didn't seem any way to fight it.

Kelsoooo Mon 21-Mar-16 10:36:46

So she's claiming that she didn't go into reverse gear?

domelsnake Mon 21-Mar-16 10:40:47

Thanks Gisla...

I have this one on board now but it so annoying there is nothing we can do...

What happens if this goes to court? Does anyone has experience with this? How does it look like? Is there only my wife allowed with the lawyer or will be some other people too? Can I be in there?

Sorry we have never been in such a situation and we have no idea what to expect.

Shall we really go the court and all this stress even if there is no chance to win it?

domelsnake Mon 21-Mar-16 10:56:48

She is claiming my wife hit her.

My lawyer said even if she did reversed into us, we will not win this as they will say it's our responsibility to make sure there is enough space between the cars... My wife was at least 1.5 meters behind

How much space do we need?

Gisla Mon 21-Mar-16 11:00:26

Are you really needed at court? We got copies of the court papers but the insurance company dealt with it all.

cozietoesie Mon 21-Mar-16 11:07:24

Hell would freeze over before I would take responsibility for that - and I'd go to court, if necessary, to give testimony on it. It sounds as if the other insurance company is just trying it on.

cozietoesie Mon 21-Mar-16 11:09:54

PS - there is a general presumption that a rear-end accident is the fault of the driver 'behind' but there are exceptions to that.

WingMirrorSpider Mon 21-Mar-16 11:12:13

I think there's a known scam just like this scenario, people reversing into the car behind.

DropYourSword Mon 21-Mar-16 11:16:00

There's no way I'd sign to accept responsibly for this. I guess you have an expectation not to be so close to the person in front that if they roll back on a hill start they have enough room not to hit you, but that's different entirely from them reversing into you!

AnchorDownDeepBreath Mon 21-Mar-16 11:16:00

I'd take your lawyers' advice here. It sounds like your wife will be found liable even if you can prove that the driver infront reversed into you, but without CCTV and with the other driver presumably refuting this, it will be difficult to get the court to decide anything but the usual principle - that the car behind is liable for rear-end collisions.

bigsnugglebunny Mon 21-Mar-16 11:18:58

Where were you? Town centre type places might have cctv, or shops cctv might have caught it? Might be worth a shot?

HopIt Mon 21-Mar-16 11:21:06

My friend had this, a lorry rolled back into her. He admitted liability there and then. Once the insurance companies were involved she was told it was her fault. She fought and fought but got nowhere. How long ago was this? You need a witness really.

this thread reminds me i need to put my dash cam in, not leave it in the box

domelsnake Mon 21-Mar-16 11:21:20

We got the copy of all documents and have been told it doesn't need to end up in court if we sign the form of consent.

Even if my wife goes to the court and give her testimony on it apparently it will not change anything.

Cozietoesie - I do understand there are exceptions but how to prove this in court?

There is a small chance that the 3rd party may got scared of the case landing in court and they accept the responsibility but what do we do if not?

PirateSmile Mon 21-Mar-16 11:26:33

Even if my wife goes to the court and give her testimony on it apparently it will not change anything

I think that's rubbish. if it's one person's word against another it depends upon who the judge believes to be the more truthful witness.

Personally, I'd ask for a different lawyer and report the matter to the Police as a "crash for cash' fraud. It's up to you though whether you can be bothered to do this or let the insurers admit liability on your behalf. think carefully though before you do as it could affect your future insurance premiums.

domelsnake Mon 21-Mar-16 11:27:58

This happened in June last year.

I have checked this junction but no CCTV there at all.

It will be extremely difficult to find a witness now. Even if I got someone to lie for us they can do exactly the same.

How much can this affect us (insurance prices) if we take this one on us?

Injury claim - £3-5k
Repair claim - £1k

PirateSmile Mon 21-Mar-16 11:30:22

You would have to check with your insurance company as to how it would affect you.
The reason why so many people do these scams is because some insurers are still rolling over and taking it, and passing the expense onto their customers.

PirateSmile Mon 21-Mar-16 11:31:10

if you got someone to lie for your, you are (a) stupid (b) guilty of a criminal offence.

CrazyMary Mon 21-Mar-16 11:33:40

I think it is a scam. I would not accept liability. Tell writing to them is better your insurance company that you do not accept liability and let the other drivers insurance company sort it. It is on record from the day of the accident, what actually happened, so you could say she had another accident afterwards. If you have not already spoken to the police, it may be worth asking for their view too. Usually, the scammes have done this type of thing before and they are known to the police. Do not have any other dealings with the driver, unless your solicitor or police are present. The scammers usually try to settle out of court with a cash settlement (not traceable). There has been several cases in the papers recently of this type of insurance fraud/scam

ExitPursuedByABear Mon 21-Mar-16 11:36:40

I'm with cozie on this one. No way would I accept responsibility.

Insurance companies like to take the line of least resistance. Stand your ground.

We have hgvs. The presumption in any accident is that it is always the HGV's fault. We have stood our ground many times and the other insurance company has backed down.

And seriously, personal injury for hitting a stationary car? Really gets my goat.

cozietoesie Mon 21-Mar-16 11:37:04

I'll confess to having history in this area - our family have been to court twice on what might have 'appeared' to be open and shut car cases and won both - because we gave testimony.

Remember that if you don't have witnesses or CCTV footage, then neither does the other party so it will be up to the court who they believe. Any halfway competent solicitor would be asking some pertinent questions about driving experience, what was said at the scene etc. It's entirely possible that the other party has no idea that you might contest this and has simply handed matters over to her insurance company who are treating it as 'rote'.

As, I fear, your own current solicitor seems to be doing.

Ultimately, it's your own call but, as I said, I would never accept responsibility in this sort of case.

Dalmatian2017 Mon 21-Mar-16 11:37:44

I've had a similar thing happen to me. They are pushing for a partial blame which still affects my insurance but I get half my excess back. I'm totally furious so understand your frustration.

domelsnake Mon 21-Mar-16 11:38:53

Anyone has been in a court fighting this type of case before?

cozietoesie Mon 21-Mar-16 11:40:52

Not this precise type of case, No. I'd be up for it though. (Albeit with a different, less seemingly bored and competent solicitor.)

skyeskyeskye Mon 21-Mar-16 11:42:45

I had a bus reverse into me when I was stationery and he was found fully liable and had to pay my excess. he said that I was too close to him, but he knew I was behind him as I had followed him from the depot, plus I had to pull forward to let another car through.

Because I was stationery, he was found to be at fault. I did have witnesses though luckily as it was on the school run, so plenty of people around.

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