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A driver who smashed into me has lied to insurance and said I caused the accident. What now?

188 replies

GunpowderGelatine · 27/11/2019 18:11

A few months ago on the roundabout near my house, a car went into the side of my car. I was in the right lane going right on the roundabout (exiting at 3 o'clock point) and they were going to the 1st exit (11 o clock point). They did what LOADS of drivers on that same roundabout do - rather than sticking to the lanes they travel to the exit in a straight line, which means they end up in the right lane for a few seconds. This happens about 3 times a week to me on the roundabout, they aren't looking to see if someone is slightly behind them in the right lane so cut across. Because turning the steering wheel for 2 seconds is clearly too much like hard work. Anyway, I have near misses all the time, and this time the back right side of their car crashed into the front left side of mine.

I got their insurance details (though they were cagey about giving a name and we're very indignant about the whole thing) and I put in a claim which has rattled on a bit, paid £150 excess for car repair.

Anyway my insurance have come back and said that I was the one who swerved into their lane and crashed into them!!! AngryAngry fucking lying bastards. I'm furious. Insurance want me to claim 50/50 liability. Which means I only get 50% excess back and my no claims is reduced by 3 years!! I have said no way, it wasn't my fault and they are committing insurance fraud by lying.

I explained that the damage to the areas of the car show they obviously didn't see me (because they weren't looking when they served into my lane) and their back crashed into my front. If it had been me going into them then surely I'd have crashed on purpose as I'd have seen them clear as day?! Also why would I be travelling home in the correct lane and randomly swerve into the wrong lane?!

Anyway insurance have said because there's no CCTV, witnesses or dashcam footage (I have one but my charge point was broken 😫) it's my word against there's and an independent judge would automatically rule 50/50 liability Hmm

I'm raging. I also think that's bullshit about the judge. Surely every case without CCTV before dash cams wasn't settled 50/50?!

Any advice on what I can do now? Insurance pressuring me to settle 50/50 but honestly I think they're trying to avoid work for themselves. I refuse to admit it was half my fault and can live without the excess for now. I have heir number and feel like calling them to ask why they're lying bastards (I won't). Why would someone not just do the right thing?!

OP posts:

GunpowderGelatine · 27/11/2019 18:12

Also they admitted liability and then changed their minds apparently! It's all on my claim.

OP posts:

Babdoc · 27/11/2019 18:16

OP, does either your car or home insurance cover free legal advice? If so, I’d discuss it with a lawyer. Also is it worth seeing if any local houses or businesses near the roundabout have cctv footage that the insurers missed?


EmperorBallpitine · 27/11/2019 18:17

Unfortunately if you are behind them you usually are viewed as at least partly at fault because you could have slowed? I understand your description of what happened and its nasty to be accused, but I don't understand why you didn't slow to avoid the accident? I know its easy to judge if you weren't there. Still a crap situation and I hope you resolve it.


ActualHornist · 27/11/2019 18:17

I don’t see how they can withdraw liability. That makes no sense.

But unfortunately if he went into your right side it looks like you’ve pulled onto the roundabout when he’s already there so I’d be worried that it could be found not in my favour.

However I’ve never had to claim against insurance so I could be talking rubbish!


Walkingdeadfangirl · 27/11/2019 18:17

That's really hard to visualise without a diagram. Did you not ring the police?
It does seem to be a no fault accident, so you are both responsible. If it happens to you about 3 times a week then you knew this was how everyone drives across that roundabout and should have been anticipating this.


CokeAndCrispsAndDip · 27/11/2019 18:18

The exact same happened to me. Bloody great VW transporter took my front left out and claimed I drove into him. Yeah sure...

Went through my insurers solicitors and got a court date but my insurers solicitor leant on me to just accept 50/50 and I was so pissed off that common sense wasn't prevailing. I had a lot of stress on at the time and got so fed up just accepted 50/50 and was done with it. If I could have my time again I'd not back down and have my day in court. I'd put my side to a judge and let then decide. Even if it still turned out 50/50 I'd be glad to have had my say.


Barbie222 · 27/11/2019 18:19

I wonder if it is because the damage is to the back of his car but the side/front of yours? It's hard to prove he said what he did, unfortunately. I'm not sure a judge would have much to go on without a dash cam?


steff13 · 27/11/2019 18:21

It's hard for me to visualize what happened because I'm in the US and y'all drive on the wrong side of the road Wink and it's hard for me to flip it in my head.

I assume there's no police report. I'd be concerned about going to court and the judge finding that I was at fault.


Tigerty · 27/11/2019 18:22

Try putting a request on some local Facebook pages to see if anyone witnessed the accident. It’s a long shot but worth a try in your circumstance.


Frenchw1fe · 27/11/2019 18:22

It’s bloody annoying but I’m not sure what you can do.
A taxi pulled on yellow lines and his passenger opened the car door into my dils car as she sat in traffic, damaging her door and wing mirror.
The taxi driver blamed the passenger even though he was illegally parked and it ended up 50/50.
I think it absolutely is lazy insurance companies.
My best advice is chk if you have legal cover as then you can get a solicitor on your case.


PuppyMonkey · 27/11/2019 18:22

Also finding it tricky to visualise.

As it’s their rear hit, it sounds a bit like other driver might get away with saying you should have been looking round/been more alert.


Tigerty · 27/11/2019 18:23

Was there any houses or businesses around that may have cctv? Or the council has cctv in that roundabout for traffic flow? Could be worth an ask too.


misspiggy19 · 27/11/2019 18:24

Take the 50/50. Unless you have dash cam footage which showed he was clearly in the wrong you will never win the fight for not being liable.


TerribleCustomerCervix · 27/11/2019 18:26

A friend had something similar happen- she’s very bullheaded and decided to let it go to court.

It was pretty obvious when it came to each side explaining their series of events that someone was lying, and it wasn’t my friend.

She was able to calmly and clearly explain what had happened, and the judge tore strips off the at fault party for lying.


GunpowderGelatine · 27/11/2019 18:26

Unfortunately if you are behind them you usually are viewed as at least partly at fault because you could have slowed?

She went flying into the side of me, I haven't in the blink of an eye.

We left the exit of the roundabout at exactly the same time - because the line for the left lane is further on than the right lane (so it's at an angle not a straight line) so cars on the left can't see cars on the right unless they look.

Surely swerving into someone else's lane is ALWAYS the swerver's fault?!

I'll try and draw a diagram but e warned I am cack handed Grin

OP posts:

GunpowderGelatine · 27/11/2019 18:27

*it happened not I haven't!

OP posts:

Walkingdeadfangirl · 27/11/2019 18:28

So op is saying the front of her car rammed into the back of his car? Which sounds like either op was tail gating the car in front or speeding.

If that is the case I would be worried that op will get 100% of the blame for this.


Yetanotherwinter · 27/11/2019 18:28

Are you saying you’ve gone into the back of the other car or have I misunderstood you. If you have, then it’s your fault.


Hingeandbracket · 27/11/2019 18:30

There is case law which deals with accidents that occur on roundabouts. For example, the outcome in the Court of Appeal case of Grace -v- Tanner (2003) which makes it difficult - I know it's annoying but it's there.


TruffleShuffles · 27/11/2019 18:31

I don’t understand how people are finding this difficult to visualise it happens on so many roundabouts. It infuriates me when people do this OP, they drive as if the road is straight when they need to turn as they are going around the island.

You didn’t happen to take any pictures of the accident that could show you in the correct lane so it’s obvious he swerved into you?


HunterHearstHelmsley · 27/11/2019 18:32

Same happened to me a few years ago. Went 50/50 in the end.

The driver had the nerve to say I'd told him I was running late so was in the wrong lane because it was quicker!

I spoke to a friend who used to work in insurance. He said that it was clear from the damage my version of events were correct but as he was disputing, it would more than likely go 50/50. Apparently most roundabout accidents did (at the time).


Hingeandbracket · 27/11/2019 18:33

I also think that's bullshit about the judge It isn't - it's Grace V Tanner.


EmperorBallpitine · 27/11/2019 18:33

Sorry OP. "If you look". You are supposed to be observing the other traffic.


PuppyMonkey · 27/11/2019 18:35

We left the exit of the roundabout at exactly the same time - because the line for the left lane is further on than the right lane (so it's at an angle not a straight line) so cars on the left can't see cars on the right unless they look.

Truffle, I must be really thick then because I’ve read that three times and I can’t make head nor tale of it. GrinConfused


GunpowderGelatine · 27/11/2019 18:36

My (awful) attempt at a diagram.

Lying Bastard is blue car. The dots show how she was travelling (so in a straight line rather than following the lane).

To clarify, we'd both stopped at the roundabout to give way to cars which is why we set off at the same time

A driver who smashed into me has lied to insurance and said I caused the accident. What now?
OP posts:
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