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Original poster

What the hello do I do ( car accident)

29 replies

bingojuice · 07/08/2023 18:03

I was involved in a car accident a couple of months ago. My insurance paid out a couple of week later and I put in for a personal injury claim. The guy that crashed into me is denying responsibility which is just unbelievable because you can tell by the photos of the crash that he was at fault from the way the cars are positioned. It was a narrow bridge on a B road I slowed down but he was too far over and hit into me. There was a witness who gave me her phone number and said that she would happily help out with statements because he had been tailgating her for miles and driving erratically. I texted her a week after the crash to thank her for all her help (she called the police/ambulance gave me water and let me sit in her car) and she said that she had given a statement and to reach out if I needed anymore help. Anyone I spoke to my insurance today to ask if they had received a statement from her that I could use for my injury claim because they've had trouble getting in contact and they said no and that the guy who crashed into is denying it for a 3rd time. I don't know where to go from here the police report has come back and that's basically useless because they can't conclude who was at fault but I don't understand as they took a statement from the witness at the scene. My partner was in the car with me and he's not classed as a witness 😔 it just feels like there's no justice and that he's got off Scott free. When the crash happened he didn't once ask how I was even tho I was clearly injured from the blood that was all over me. He was stripping his car for parts as it was being lifted onto the recovery truck. Police even told us he was wearing an ankle tag 🤦🏻‍♀️ should I contact the witness again I don't want to seem a pain as it was weeks ago and no one wants to be badgered. What happens if this ends up being 50/50 because of no evidence? God I wish I'd have had a dash cam, this would of been sorted from the start 😢

OP posts:
Original poster
bingojuice · 07/08/2023 18:03

Title was clearly meant to say hell 🤦🏻‍♀️

OP posts:
Bonfire23 · 07/08/2023 18:07

I would ask. If it was me I would give a statement again

underneaththeash · 07/08/2023 18:19

They ask you if you're prepared to settle and if you're not (which you shouldn't) it will go to court.
Which is what happened to me - basically someone went into the back of me, I have to brake as someone turned in front of me. The wouldn't settle and we went to court - they didn't bother attending and we won (all sorted by the insurance company).

Original poster
bingojuice · 07/08/2023 19:04

@Bonfire23 thank you I would too.

OP posts:
Totaly · 07/08/2023 19:08

The guy that crashed into me is denying responsibility

if he admits responsibility then the insurers will deny the claim. Read your policy!

You were injured as the result of an accident - him denying it won’t affect the claim:

Original poster
bingojuice · 07/08/2023 19:12

@underneaththeash yeah I've been asked to settle twice now and have rejected it. I'll happily go to court he doesn't deserve to get off lightly for this. It was my daughters 9th birthday the day after and we had made plans all that weekend as it was a bank holiday. It was all ruined because i was so sore and had concussion. I've got a big scar on my forearm from the air bag and I hate driving now and find it really difficult now to drive on back roads.

OP posts:
Original poster
bingojuice · 07/08/2023 19:15

@Totaly sorry can you clarify? Have I missed something on my policy.

OP posts:
FlamingYam · 07/08/2023 19:43

I think what @Totaly means is that it's not for him to accept or deny but for the insurance to investigate and resolve.

Changingplace · 07/08/2023 19:47

My insurance paid out a couple of week later

If your insurance has already paid out do you mean they found in your favour? Why is this a separate claim, shouldn’t it have all been claimed together?

VinEtFromage · 07/08/2023 19:47

contact her again, she sounds nice & I expect she'd rather help you out, than you not contact her, I know I would.

im sorry you've been (are going) through it, it's a nightmare!

tommika · 07/08/2023 20:30

His insurers will accept or deny liability.
If the driver accepts blame/liability then that means his insurers are liable to pay

As the driver denies liability then his insurers will deny their liability to pay
But the incident/accident occurred and they would need to prove non liability

The witnesses earlier sightings of the other driver don’t directly make him to blame for the collision - but they would indicate the manner of his driving

Unless the witness saw the actual accident then they cannot state liability

Your partner isn’t an independent witness but can make a statement

Keep pushing back, try to get a copy of the statement the witness gave (or at least details of when and who to)

Add to that the photos you have plus diagrams etc

Ultimately you report and raise a claim with your insurers, they recover from his insurers

If you still are not getting anywhere then contact a solicitor who ought to give an initial free consultation & advice

……..

Many years ago when a van hit me & my passenger on a motorcycle, I reported to my insurer and pursued the van driver with a solicitor. The drivers company etc ignored all my solicitors letters, which didn’t worry my solicitor as he was content with the case and was just adding to their future bill.
(Note that my solicitor represented me, but included my passenger in the claim whilst advising that she may need her own solicitor to sue me which would then add to my claim)

The police prosecuted for dangerous driving, my solicitor gave me the court date and asked if I would attend, otherwise he would send a clerk and add that to the bill
I went, the driver sent in a written guilty claim, and then the companies insurers accepted and paid

hotlava273 · 07/08/2023 20:41

OP as @tommika said, your partner is a witness, just one to whom the court likely would ultimately give less weight than an independent witness. If liability is truly in issue then a statement will be taken in due course.

If you're being asked about settlement that would suggest that liability is accepted. Can you clarify with the insurance company? There are guideline figures about how injuries are valued and then what else you can claim for (quantum) but if it's likely to be a bun fight (either liability or just quantum) then you would be best to have legal representation.

Original poster
bingojuice · 07/08/2023 21:07

@Changingplace my car insurance is with tesco they paid me out after 2 weeks I thought it had all been resolved and that was that but on speaking to them today he's denied liability and it's still be investigated. My personal injury claim is with Ageas who are totally useless.

OP posts:
Original poster
bingojuice · 07/08/2023 21:13

Thank you everyone it's one big headache. I've never claimed in the 21 years I've been driving and didn't estimate how difficult it would be. I think I'll contact her, what's the worst she can say..no?

OP posts:
sleepyscientist · 07/08/2023 23:31

It's not just up to him to admit liability it's up the insurers to decide. I reversed into a parked car, obviously my fault. Gave the woman my insurance details, she took photos and didn't think anything else of it. Got a phone call weeks later (my car had a tiny scratch that buffed out so no claim on my part) off the insurance to say despite me admitting I did it they were settling 50:50 as she was illegally parked. Nothing I could do but the other woman wasn't happy. My share of hers was less than my excess and she didn't get a hire car. I will also never by a Honda!

I wouldn't get caught up in who is liable just accept what is a fair value for your injuries and let the insurance sort out how that is paid. I still can't believe you can claim compensation for minor injuries I always thought it would only be significant injuries you can claim.

SleepingisanArt · 08/08/2023 00:20

@sleepyscientist They are cracking down on what you can claim for after the system was abused. Unless you are significantly impacted (loss of earnings, loss of job, life limiting injuries etc) you are only likely to get a few physio sessions these days.

BigBeeee · 08/08/2023 01:04

What do you mean the other driver doesn't deserve to get away with this lightly? Do you think they did it on purpose?

Changingplace · 08/08/2023 02:49

bingojuice · 07/08/2023 21:07

@Changingplace my car insurance is with tesco they paid me out after 2 weeks I thought it had all been resolved and that was that but on speaking to them today he's denied liability and it's still be investigated. My personal injury claim is with Ageas who are totally useless.

What are you actually claiming for on personal injury if you’ve already had your insurance pay out? What do you think the outcome should be?

I think you need to have had significant injuries for anything to be claimed, have you been off work following the accident? Loss of earnings?

Twyford · 08/08/2023 07:00

Have your insurers referred your claim to solicitors? If so, it's up to them to deal with witnesses etc.

Nuca · 08/08/2023 08:25

Agree with PP that the amounts are really low now I was in a serious accident last year after someone t-boned me at 70mph. I broke my nose and 2 fingers, had 2 black eyes, cuts all over my face, severe whiplash and bruising and some lasting nerve damage to the fingers I broke. I had a week off work. His insurance paid for 14 weeks of physio for my neck, back and hand injuries and paid me £3k compensation. That was paid out separately to the amount for the car and took around 14 months to be paid

Original poster
bingojuice · 08/08/2023 08:33

@BigBeeee the witness said that he appeared to be on his phone when he was tailgating her.

OP posts:
Original poster
bingojuice · 08/08/2023 08:34

@Changingplace loss of earnings and my excess that's all I want back.

OP posts:
porridgecake · 08/08/2023 08:43

I am so sorry to read this. I think we have reached a point where a front and rear dashcam is an essential feature on all cars.
In the last couple of years I have noticed a marked increase in aggressive dangerous driving. Lack of consequences for the perpetrators just emboldens them.

ludicrousmode · 08/08/2023 08:43

Just chill op. He'll most likely be deemed responsible whatever he says. I had similar, it took about 10 months, had dashcam so no reason for delay except insurance companies are CRAP, it just got passed on to a claims investigator even though it was a very clear cut case, the other party just kept denying it until they started getting ready to go to court then they were magically able to determine that they were at fault.

It will come to crunch time for them eventually - when it'll actually cost them to try and deny it. So they won't or they won't be able to prove it. Worth chasing the insurance co for updates and then the solicitors it gets passed to periodically.

ludicrousmode · 08/08/2023 08:45

And that was only for the excess. It was because it wasn't deemed clear cut from the start (even though i had dashcam evidence the insurance co weren't interested really in looking at it initially) - if there's any doubt at all they take your excess but then that is what you eventually claim back.

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