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Original poster

Advice needed RE car crash please.

28 replies

youremindmeofthebabe · 12/08/2010 13:14

Hello.

DP was in an accident in October where a driver went into the back of him. DP was in a van and the other person in a car. The other person hit him at approx 20-25 MPH, causing 1k damage to both vehicles. No witnesses.

Approximately 5 months down the line, the other party "found" a witness( there were no witnesses at the accident). The witness and the driver then said that DP reversed into the other driver, which is not true. This was travelling through single file roadworks.
Originally the 3rd party had claimed responsibility, and later claimed joint responsibility.

We have now had a letter saying 3rd party are withdrawing their offer of joint claim and say we are fully responsible. The only way forward is to go to court, or accept full responsibility.

If we do go to court, what would happen if the other party does not turn up?
What would we/he have to prove in order to win the case?
Basically, is it worth persuing or do we cut our losses?

Sorry for the long post.

OP posts:
azazello · 12/08/2010 13:56

If the other party doesn't turn up you've won, pretty much. The judge will decide on the balance of probabilities what happened and apportion fault accordingly. FWIW, I used to do this sort of thing and it is really difficult to persuade a judge that you were justified for running into the back of someone, i certainly wouldn't fanmcy arguing that someone reversedthrough single file roadworks.

Is your insurance co involved? Its really up to them to decide to take it forward and get your witness statements together etc.

nancydrewrocked · 12/08/2010 14:01

Why aren't your insurance company dealing with this?

They ought to be. What would usually happen in these circumstances is that your insurance company will pay out but with no mark on your record e.g. you will keep your no claims be able to say that you have been in a no fault accident (they wont go to court over less than £1k)

Original poster
youremindmeofthebabe · 12/08/2010 14:14

Thank you for the answers.

The letters we have had are all from the solicitor dealing with the claim, not our insurance company.(2 different companies) TBH we haven't heard hide nor hair from our insurance company about it.

The solicitor has sent us a letter saying do we want to take it to court, and that he reckons there is a "less than 50% chance" that we will win.

We don't really want to go to court, but feel that as our insurance will go up massively unless we win, then we should do, just for principles sake?

It would be quite a bit more that 1k as the other driver has put in a whiplash claim as well as his repairs, and we had a courtesy car.

OP posts:
nancydrewrocked · 12/08/2010 14:32

Of course their solicitor is going to say you have no chance. They want you to settle.

Write back to their sols saying this matter ios being dealt with by my insurance co, please address any further correspondence to them.

Then get on the phone to your insurance and get them to deal with it. This is exactly what you pay your premium for.

Original poster
youremindmeofthebabe · 12/08/2010 14:37

Sorry,this is MY solicitor, not theirs!!

But I shall ring the insurance company asap.

OP posts:
nancydrewrocked · 12/08/2010 14:45

Seems very strange to me - how did you get a solicitor? Did you find them yourself when you heard form their solicitor?

Original poster
youremindmeofthebabe · 12/08/2010 14:49

No, we pay as part of our insurance a legal fees bit, so the insurance company provided our solicitor.

Theirs is one of these "had an accident" type ones from the tv.

The accident was last October, I'm getting fed up now, it's like a black cloud.

OP posts:
nancydrewrocked · 12/08/2010 14:59

Who are your insurance co (don't have to answer)? You need to tell them to deal with this. Thsy usually have an in house legal team. All seems a bit odd them leaving you to deal with it.

And it seems amazing that if their sols think that there is a less than 50% chance of winning they are even giving you the choice. It'll be your insurance company that have to pay out not you.

Original poster
youremindmeofthebabe · 12/08/2010 15:15

I know! We are with Gladiator. They have been totally shit. Thanks for your advice, it's very good of you.

We had 9 years NCB before this, it was unprotected. Sad

OP posts:
titchy · 12/08/2010 15:17

Why are the losses yours? You're insured - it's the insurance company that'll lose out... Unless you're only isured for 3rd party damages and not your own - is that the case? In which case cut your losses.

However if you're fully comp. leave it up to the insurance sompany to sort out.

Funnily enough I was in the same position - except white van man DID reverse into me! Then a few months later said I'd gone into the back of him. Insurance company's solicitors didn't think it was worth persuing so the ins. co. didn't take it to court, just paid for mine and his damage. They did try to reduce my no claims bonus though - a short snotty letter to the CE reinstated it though!

Original poster
youremindmeofthebabe · 12/08/2010 15:43

Thanks titchy we are fully comp, so will refer it all to the insurance company. Did your premiums go up after the accident? Also,was your NCB protected?

OP posts:
Dawnybabe · 12/08/2010 15:51

My dh had an accident in Dec 07 when a woman overtook on a bridge in the dark and didn't see dh's headlights. We had legal cover so all help was provided. Her solicitors argued and argued that my dh was on the wrong side of the road blah blah blah and in the end it all went to court and they blamed her, quite rightly. It did take over two years to settle but they paid for the written off car, the legal costs and a compensation payout so bear with it, if you are totally in the clear you'll have no difficulty in showing this and they will find in your favour. The other side has a lot of work to do to prove otherwise, don't they?

titchy · 12/08/2010 15:56

We didn't NCB protection so yes the premiums did go up initially, but we complained and they reduced them back thatwhat they would have been.

FessaEst · 12/08/2010 16:07

I thought (probably wrongly) that damage to the rear of your car is generally presumed to be the person behind's fault? When I was hit from the rear the other driver tried to argue I had stopped suddenly but the insurance companies said even if I had he was still at fault (I hadn't btw). Had you agreed to the joint liability already?

My insurance company have always sorted this stuff out for us - I have been in 3 accidents, none my fault and it has not caused any probs with my NCB or premiums.

prh47bridge · 12/08/2010 17:45

I would imagine the solicitor thinks you've got a less than 50% chance of winning because the other side have a "witness". The judge is therefore faced with the other driver and his/her witness saying your DP was reversing through single file roadworks while your DP says he wasn't. However, you also have the fact that the other party originally accepted responsibility, plus the inherent unlikelihood of what they are claiming.

As others have said, your insurance company should be sorting this out. I would push them to take it to court as your premiums will go up if they decide to pay up.

FessaEst - There is a common myth that the other car is always at fault for damage to the rear of your car. The truth is that it depends on the circumstances. If both cars are moving forwards at the time of impact, the rear vehicle is at fault. If either vehicle is stationary, the other vehicle is at fault. So if you reverse into a stationary car it is your fault.

nancydrewrocked · 13/08/2010 07:07

PRH the premimums wont necessarily go up if the insurance company pay out. Increasingly these days they will pay out on a no fault basis to avoid the time and expense of court especially if the loss is less than £1k (no suprises why so many claims come in under this magic threshold then!)

But it is absolutely right that this is your insurance company's responsibility to resolve - leave them to it.

LucindaCarlisle · 14/08/2010 21:15

It is always advisable to phone up the Police whenever you are in a car crash.

scurryfunge · 14/08/2010 21:20

The police will refer you straight to the insurance companies if there is no injury or no accusations of careless, etc.

usernamechanged345 · 14/08/2010 21:22

This reply has been deleted

Message withdrawn at poster's request.

LucindaCarlisle · 14/08/2010 21:26

The Police normally breathalyse both drivers in a car accident.

scurryfunge · 14/08/2010 21:28

If there is no injury, no accusations, no hazard to other road users, no damage to road side furniture, the Police will decline to attend.

LucindaCarlisle · 14/08/2010 21:30

No they wont.

scurryfunge · 14/08/2010 21:31

Sorry but they will in my area!

LucindaCarlisle · 14/08/2010 21:32

Scurry, They will not necaserally know all that UNLESS they attend.

If one of the drivers is a young person they will try to "fit them up" sometimes.

scurryfunge · 14/08/2010 21:34

That is absolute rubbish Lucinda.If drivers have complied with the Road Traffic Act and the conditions I have already described are not relevant, the Police will not attend.