To expect more from car insurance company?

[FirePetal]

A little over a year ago, I reported a collision to my insurance company, where someone ran into the back of me at a junction. I did this as soon as I arrived at work and also reported to the police.

They waived my excess and fixed my car, expecting to recoup the costs from the third party.

Today, it transpires that he has found a 'witness' to say I reversed back into him as we queued and the insurers want to accept liability on my behalf, as his won't pay. They believe that if it went to court the witness would swing it in his favour, so it's not worth it to them.

Since it's a lie, and there are of course financial consequences to accepting this for me, am I unreasonable to expect them to work harder for me than him?

For what it's worth, I don't believe there was a real witness, because when we stopped so I could ask his details (he tried to convince me not to go through the insurance and refused to give them, or take mine, before following me to where I was going and hassling me some more to let him just give me some cash or 'sort it for me') there was no one there, and I know he didn't hang around after me.

There are inconsistencies in the witness statement itself, such as getting the colour of my car and the road layout wrong, and the fact that it took the driver over a month to report the accident (I did it within twenty minutes) and his insurers acknowledge that the 'witness' didn't want to be involved until the driver rang him to convince him.

Should I continue to expect more from my insurers or is it really just two against one, with no physical evidence?

Go back to your insurers.

Point out all of the discrepancies as you have done here.

Tell them that you are telling the truth and that you expect them to refuse to accept liability.

It is for the insurers to decide and I am sure people lie and still get paid out.

Depending on the cost they may feel it is cheaper to pay out.

Having been to court as a witness for a violent attack, where a bogus witness came forward months later I was shocked at the lack of investigation. It may be that you insurers will just accept their evidence?

Honestly dig your heels in. I lived with a girl who caused an accident, she was bang to rights, (she pulled out on to a main road and t boned a car) she managed after much hassle to get it as a knock for knock! I was bloody annoyed for the other driver, but sometimes it is really how much you push back.

I investigate insurance fraud for a living. This is surprisingly common. Go back to your insurer and tell that you want to fight it and are willing to attend county court as a witness.

Hopefully they will investigate it, however at this current time we have found that our work has decreased because, in part, insurers are paying out claims rather than investigating them to save money and because proper investigations are more difficult (but not impossible) due to staff being furloughed and social distancing.

Stand your ground. Whilst under the insurance contract it likely says insurers has the final say, I would say you don't agree want it to run to court for the reasons you say (it sounds small claims so fixed costs anyway) and will make a complaint to the insurance ombudsman.