How do I prove kids were in car?

[Icantstopeatinglol]

Hi, I just wanted some advice really. A (stupid) woman drove into the back of mine and dh car a few months back when we were on the way back from an afternoon trip with our 2 dc. She has lied all the way along saying there was no damage to the cars....which has now been sorted as garages have shown there was £2.5k of damage over both cars. She has also stated no dc in car!? To be fair she was very shook up but was only interested in herself as all she went on about was how she'd had such a bad day and this was going to affect her insurance badly! We do have rear tinted windows so she probably couldn't see them anyway though she has stated she noticed a pushchair in her statement. My ds banged his head and was quite upset afterwards and dd was thrown forward so much it woke her up and consequently she has woken up screaming quite alot since (this has never happened before). Anyway, the other insurance company are now saying they have received a 'statement of truth' or whatever from said woman saying no children in car?! What do we do now? Why is it upto us to prove our dc were in the car when this woman has lied all the way along?
Any advice would be greatly appreciated.

Whether the op is claiming or not, I would like to point out that when some moron drives into the side of your car and gives you whiplash it bloody hurts. I had two weeks off work, physio and couldn't look after my son who was 8 months old. It still hurts my back and neck if I lift something heavy. My compensation was well deserved, if the other driver had looked both ways none of it would have happened.

Because trying so hard to prove that the children were there rather than just calmly writing her own version of events to keep on file sort of smacks of more than just wanting to be in the right, annie. That's how it reads to me, anyway.

And personally I'm horrified by not taking injured dcs to the dr after a shunt, especially one that's hit his head and has a sore neck, and another that appears traumatised. So yes, while I feel a lot of sympathy for the op and he family, I do think that was wrong.

Just trying to think through the DC in car seat thrown forwards and back to hit his head... was he strapped in tightly enough. I would really hate you to go to court and be made to look negligent, you'd feel so terrible.
disclaimer - my hubby tells me off for pulling the straps TOO tight over our 2's shoulders. Poor things, I don't think they could be thrown forwards when I've put them in (they've barely got room to throw up)

Op write you own statement. Dispute the truth if you must. Agree re injuries sustained/not sustained and actually seeking help for these before mentioning them during the insurance proscess though..

None has mentioned the biggie to me though- claim /replace car seats! (and get one where your ds can't be "thrown forward" such that he bangs his head in what was really a very minor accident!)

People on here can be so sanctimonious! Always looking for a reason to have a pop at someone. The OP has not asked 'AIBU to make a whiplash claim for my uninjured children?' She's on the legal board asking for advice.

OP, I understand your frustration. I'd be hopping mad if someone crashed into me and then lied about it repeatedly. Not sure what you can do though. Did your car have to be towed? Or did anyone else come to your aid who could make a statement?

Agrees with you yoni.

I think people just like to pick holes all the time. Very sad really.

Thanks yoni, no the car was ok to drive. The woman even had the nerve to shove my dh and say 'there's nothing wrong with the cars' £2.5k later.....
I'm more concerned wether I need to replace the dc carseats.

Yes, you do need to replace the car seats. The insurance will cover this.

Hope you manage to sort it out Ican.

Your kids were always going to wake up in a car crash, weren't they?? . And yet you were so unconcerned you didn't think to have them checked out by a doctor, even though you now want "on record" that one of them hit their head.

If it's compensation you're after , I imagine that fact that you didn't seek medical help would give the lie to your ds's injury being in any way worthy of compensation.

Well equally she needs to prove they weren't. Is this the form that states passengers?
Are you trying to get an accurate record or is it because you have filed a claim on behalf of the dcs? As whiplash can apparently cause problems further on it would seem sensible to have an accurate record filed of who was travelling.

And all the sad faces after the mention of compensation! Being hit in an accident is awful - I am waiting for compensation after a lorry hit me at 70 and pushed the car along the road. I will be using it to pay for cbt to help the stress levels decrease and probably a weekend away after all the anxiety.

I don't think that pointing out that children in a car accident should be seen by a dr is sanctimonious, but if you do, then fair dos, your opinion.

I also hope you sort it out and your dcs are ok, OP. fwiw the woman who hit me also said that there was no damage other than a small dent - the car was subsequently written off by three mechanics (mostly because of exhaust fumes leaking into it and a front dash board that had shifted). Folks get weird ideas when in the wrong.

I'm surprised that you didn't take a child with a head injury and possible whiplash injury to be seen by a doctor.

I don't understand why you need to prove their were children in the car but I would make it clear that you were on a family day out to X place and of course the children were with you and the other driver has been proven to be a liar. Is the place a venue you wouldn't go without children? Do you have photos? I think it's rather irrelevant though.

Yes, you do need to replace the car seats.

floggingmolly
kids were always going to wake up in a car crash, weren't they??
Mine didn't. Had a guy go into the back of my car at about 30 at a dual carrageway roundabout, did some serious damage to my car and wrote off his front end crumpled my dcs didn't wake up.

Still replaced the car seats.

Im sure your experience was awful Nerf and compensation entirely appropriate. The op' is entirely different. No-one even saw a doctor-at the time or later.

The car seats need replacing whether or not there were children in them at the time of the accident and no insurance company would dispute that

Can I just say to anyone who thinks children absorbing the impact of a rear shunt car accident is only a sore neck is seriously mis guided children's heads in ratio to their bodies are enormous and the neck ligaments are incredibly fragile any impact is greatly magnified

Just had to say as is the assumption where's there's blame there's a claim n that the OP is out for easy money

I wouldn't respond to her insurance company unless my insurance company directed me to do so if her company contacted you directly I fear they may be trying to circumvent the process n save themselves some money

Call you insurance company you shouldn't have to defend yourself you didn't run up your own arse x

Vicious much! op stick to your guns, insurance companies encourage drivers at fault to lie so that less needs paid out but you simply state the facts and don't be pushed around. She drove into the back of you, she is at fault, end of. fwiw you should have all gotten checked out medically, now you know that if it was ever to happen again, don't take chances. Not sure what all the vitriol on here is about but ignore it and follow the advice of your insurance company (who will not let you claim for uninvestigated medical issues).

We had a pig of a trouble having the car seats replaced by the insurance company of the guy who just drove straight out in front of us from a side turning. I was travelling with right of way at 30 mph with a queue of traffic behind me (one of those areas where everyone breaks the speed limit...) and was hit from the side at the front of my car (largely because I swerved to avoid the twerp- otherwise I've have run into him head on) It wasn't a risk I was prepared to take in the event we had another crash at a higher speed with already weakened car seats. I was surprised tbh that I had to argue so fiercely for them to replace the car seats- would have thought that would be pretty standard.

Annonymousy you dont have a clue what youre talking about. insurers act on the info they are given they are not allowed to encourage people to lie and it would be found out pretty quickly.

Exactly, theboutiquemummy, which is why a trip to the dr is a must after a shunt. And then consider replacing seats with rear-facing ones....

My insurers replaced DS's car seat even though we were only in a very very low speed shunt - I was pulling away from a junction, saw a car so put the breaks on but skidded forward.

They only paid out about £100 though as that was the limit on the policy.

Thanks for all the advice to those who aren't jumping to conclusions with minimal facts. It wasn't a huge bump but enough to need the crash bar replacing and moved the car a whole car length again.
I did go to see a dr and have it on record as 'whiplash' as a few days later I was in alot of pain so was given codeine. I did think about taking the dc to the drs but after a few days they seemed ok and they are ok. I've never been in a bump nor have I ever claimed compensation but this woman drove down a slip road straight into the back of our car (which had been at a standstill for a while) denied damage and is now claiming the kids weren't in the car. Why should we be made out to be liars?! I don't want compensation for the dc as they are fine now but I do want the seats replaced as I'm unsure wether they are safe or not.
I wish I had phones the police in hindsight as she was so shook up we thought she seemed nervous but we were so worried about her driving off my dh just tried to get her details then she drove off like an idiot!

OP, you need to find out exactly what has been said by the other driver to determine just how certain she can be of what she is saying, and respond to it in your own statement. I'm more concerned right now that you appear to still be using car seats that were in your car when another hit you. You should not be using the car seats you have, and they should form part of your claim through your insurer. Did you report this to your own insurer? You would have been asked, when reporting the claim, how many people were in the car and who was injured. If that was made via the phone, the call should be recorded and that can be referred to as evidence of the information you provided when the claim was reported. If you are still using the car seats you had when your car was hit, that again would undermine any claim you might make in terms of the car seats and/or any injuries your DC might have suffered. I'm not quite sure why your own insurer would not have covered this with you if/when you reported the claim - you need to speak to them about this, and ask them about replacing the car seats. Depending on when this acc happened, any delay in replacing car seats might well prejudice any claim you make, or statement about who was in the car at the time of the acc.

Your own statement should detail what happened in the aftermath, who said what to whom, where everyone was stood, and how clear a view you can say the other driver had of the inside of your car from where you state she stood. You can provide photos of the interior of your car, if she has been asked to describe it, to prove/disprove what she's saying if her description differs from the actual interior.

You also need to check with your solicitor on whether they have intimated any claims on behalf of your DC. It's unusual for occupancy concerns to be raised unless injury claims are received. So, if they are pursuing claims, yet you haven't even replaced the car seats, that will undermine your claim, and strengthen the other drive's claim that you and your DH were the only 2 people in the car.

The police will not attend unless an ambulance has been called. You should have whipped out you phone and filmed it all, including whitness number plates.