Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

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.

Car accident - third party not admitting fault

12 replies

blackcatroundabout · 01/03/2021 21:07

I was in a car accident last week - I was due to pull out of a housing estate on to a main road. Slowly pulled up to the junction, checked to my right, saw a car coming so didn’t pull out. Driver behind me (who had been very close to me the whole way through the estate) smacked straight in to the back of my car. Damage to my rear end and his front, police called by a passing paramedic as he witnessed man being ‘aggressive’ towards me. I’m now signed off work for 2 weeks with whiplash. I’ve just heard from my insurance company and the man is refusing to admit any fault. I’ve never had an accident before - could this one be looked at as my fault in any way?

OP posts:
MangoBiscuit · 01/03/2021 21:14

I had someone drive into the side of me as he decided he wanted to be in my lane, and despite seeing that I was there, thought he could swerve at me, and force me to move. He also refused to accept any fault. I gave my statement to my insurance company and left them to deal with it. His insurance company tried to claim it was 50/50, my side declined, they eventually agreed it was 100% his fault, and his side paid for everything.

wellthatsunusual · 01/03/2021 21:18

Don't stress, your insurance company will sort it out. But it might not be quick. It took about three years before we got the person who drove into us (he changed lanes on the motorway without looking and ripped the side out of our car) but he did in the end because we just kept saying 'thats ok, we'll sort it out in court'. On the morning of the court case when he was presumably facing lying in court he admitted that he had in fact caused the accident. It was glorious when it came.

blackcatroundabout · 01/03/2021 21:42

Thanks. I'm trying not to stress but I am! There is no way any of the accident was my fault so I'm concerned what he's told his insurance as to why it would be.

OP posts:
Hoppinggreen · 01/03/2021 21:45

If he drove straight into the back of you he is basically screwed. If he has been keeping the proper distance he wouldn’t have hit you even if you stopped suddenly.
Refusing to admit fault is pretty standard I think

prh47bridge · 01/03/2021 22:53

You were stationary. He hit you. That is clearly his fault. He may think it is your fault for stopping too suddenly or stopping unexpectedly but he is wrong. I suppose he could try to argue that you reversed into him but it doesn't sound like he has a leg to stand on.

blackcatroundabout · 01/03/2021 23:03

I was doing a very slow crawl towards the junction, saw a car coming, so stopped. He immediately hit me from behind. The impact of him hitting me pushed the front half of my car out in to the main road.

I'm worried he'll say i reversed when I didn't. Although I'm not sure there'd be any reason for me to suddenly reverse when I'm sat at a junction patiently waiting to pull out Confused

OP posts:
JustFrustrated · 01/03/2021 23:07

It's standard at this stage to not admit liability. Leave it to your insurers.

I'm more surprised you've got whiplash tbh.

blackcatroundabout · 01/03/2021 23:12

@JustFrustrated So am I! My neck and shoulder are in bits and I've been referred for physio. Madness

OP posts:
murbblurb · 02/03/2021 13:24

Try not to worry. This is for your insurers to sort. Types like this often push it as far as court and then change their story when they realise that lying in court sends you to prison. Been there.

100% his fault and he'll learn that there are some situations where tantrums don't work.

Sadless · 03/03/2021 09:24

I went to court yesterday for a car accident.
The insurance wanted to do 50/50 I said no it wasnt my fault so I thought my insurance was taking them to court but found out yesterday that it was the other driver what was taking my insurance to court and I was a defendant. I had to give evidence of what happened that night and the judge said my accounts of what happened seems more likely and I won.
Sal

blackcatroundabout · 03/03/2021 09:51

@Sadless That sounds awful! Do you mind me asking what kind of accident it was?

OP posts:
MarieG10 · 03/03/2021 12:53

As per what @prh47bridge said, running jnto you is difficult to deny, but many people do.

I have a similar experience a few years ago when someone lost their temper and reversed into my car. Admitted it and then ince she got home her husband said they were going knock for knock. It was minor damage to my car so I was just going to pay for it and claim back from her, notifying my insurer of the incident.

When she denied responsibility I just wrote to her and laid out the facts. Her insurer contacted me a d to,d me to deal with them but it was denied. I told them I would issue proceedings in the small claims court and issued a letter before claim to her. She immediately buckled and admitted liability!

The issue is though that insurers often can't be bothered and settle knock for knock as it suits them so dealing with it yourself can work better at times

New posts on this thread. Refresh page
Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.