Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

What happens when 3rd party won't admit liability for car accident

6 replies

mummmsy · 31/07/2012 15:51

This is going to be a long one!

I was traveling in left hand lane when a car drove from the right hand lane, without indicating/looking into my drivers side wheel arch. There is very minor damage to my car. The front left of her car is damaged. We were barely moving. The driver stopped, we exchanged details, she denied it was her fault, said I was behind her and that she was only following her lane round. Now the lane that she was in has roadworks in it and is effectively a dead-end. I know this because I travel this route everyday - she wasn't local so prob didn't know this. She also said she was going to x road and in order to do this she needed to move into my lane, then the lane to my left. Police were called but wouldn't attend. My daughter was in the car with me and now travels with her eyes closed, my nerves are shot to shreds, and I'm worried sick about the whole thing, I also have developed a stiff neck and shoulder since the evening of the accident which may/may not be related to the accident since we were barely moving.

Now the accident repair people charge £25 for an estimate, I'll have to pay my excess if I want to use my insurance policy to sort out my car (which is only worth about £400). I have no legal cover with my policy so don't want to instruct the solicitor recommended to me in case I get hit with a bill.

I don't really know what to do in this instance! I'm worried if I just leave it she'll put a claim in to get her car fixed saying its my fault.

What if I ask the insurance co/solicitors to establish liability and she just won't admit it?

Can anyone advise?

OP posts:
mummmsy · 31/07/2012 17:33

all the legal folk must be in the office! i got some opinions on this from Chat was wondering what a legal brain made of it?

OP posts:
HecateHarshPants · 31/07/2012 17:35

I'm not a legal bod but I think you have to inform your insurance whether you are claiming or not.

get in there first and describe it to them, and how it was her fault.

MrsMangoBiscuit · 31/07/2012 17:47

Again not a legal bod here, but if you let your insurance know it wasn't your fault, I'm pretty certain they will want to establish liability on her part so that they won't need to pay anything.

If she is claiming that you were behind her, how does she explain the damage to the front of her car? Hmm

GrasshopperNchipmunk · 31/07/2012 18:36

Hmmmm, if liability cannot be established, it'll prob go knock for knock, where you both claim from your own insurance.

mummmsy · 31/07/2012 18:39

thanks for the responses. I sent insurance through pics etc when it happened. Sorry just to clarify though, the damage was to the front left of her car i.e. her passenger side between her bumper and wheel arch.

would that make a difference?

OP posts:
Debs75 · 31/07/2012 18:48

Contact you insurance company and tell them she is disputing she is responsible. Take pics of the road you were on and if you can get witness reports send them. She will prob get caught out when she tries to tell them yuou were behind her but the damage is to the front of her car.

In an accident you should never say it was your fault and never tell the other driver or insurance that you are ok until you have had a checkup

New posts on this thread. Refresh page
Swipe left for the next trending thread