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Original poster

Woman reversed into my wife's car at traffic lights but won't accept liability. Please help

133 replies

domelsnake · 21/03/2016 10:24

Hello all,

My wife had this incident a while ago.

While waiting at the traffic lights as soon as the light has changed from red to green the car in front of her put the reverse gear in and reversed into her.

The lady apologized saying she is a new driver and put the reverse gear in error.

Luckily for us there was no damage on our car and little dent on the other's car bumper. Because the driver of the other car was in fault they have decided to forget about this and come back to work therefore no personal details have been exchange.

I have reported this to my insurance company any way just as a backup.

After few weeks my insurer came back to me no saying the other party is blaming us for the accident and trying to make a claim.

Because no details have been exchanged they have reported this to the Police saying it was a hit & run and asking for the driver details that time which we have provided.

After few months we have received a court documents saying the other party is claiming their car to be fixed as well as £5k injury claim.

I spoke to our lawyer provided by our insurance company and have been told there is no way to win this case without CCTV footage, dashcam footage or witness (unfortunately there is none of those.) and have been asked to sign the from of consent which basically means my wife takes responsibility for the accident which we don't want to do.

Apparently the court bases their decision on statistics saying 9/10 times with this type of collision is the person in the back in fault.

Is there anything we can do to get the decision to be made in our favor?

OP posts:
cozietoesie · 21/03/2016 11:45

PS - I suspect that if you already have a 'solicitor' involved in the matter, any damage to your insurance has already been done so you'll have little to lose. Happy to stand corrected on that one, though.

cozietoesie · 21/03/2016 11:46

Goodness, Bear. When he was only a witness?

Original poster
domelsnake · 21/03/2016 11:47

They went to see a doctor in November (accident happened in June) complaining about neck paint etc.

Doctor's report says he couldn't find anything but still claiming £3-5k - for what?

OP posts:
Original poster
domelsnake · 21/03/2016 11:51

That is correct cozietoesie but what my solicitor says that if the case goes to the court my Insurance company will have to pay for the lawyer to represent us in the court and what they say there is no way to win this and we just adding more costs to it

OP posts:
cozietoesie · 21/03/2016 11:54

So your solicitor wants your wife to sign to say that she did something she didn't do? Hah!

ZenNudist · 21/03/2016 11:55

Frustrating. I'd fight it. At the end of the day why should you accept responsibility for something you didn't do and Yy to reporting this as cash for crash to police. Even if you get nowhere with it then it will stop them doing it again so easily.

As for 'compo' it's standard stuff now that people claim what's offered regardless of actual injury.

My db claimed it and I have him shit because he wasn't hurt. He reckoned insurers price it in so you've got to claim to get your money's worth. Sadly he won't be alone in this shitty attitude.

Thanks for warning to always exchange details and report incidents to insurers.

cozietoesie · 21/03/2016 11:55

I'm sorry but there's just no way I'd roll over on that one.

Yambrel · 21/03/2016 11:57

I nearly had to go to court once. Van pulled out of a side road, turning right. I was on the main road, slammed on brakes, swerved but we hit each other's front/side. He was apologetic at the time but later claimed I had my indicator on, which I didn't. Had a court date, I was ready to go and fight, then a week before the court date his insurance company decided in my favour.

I wonder if it's a tactic and they hope you'll back down because you don't want the hassle. By the end I didn't care about the money, was more indignant that someone was trying to label me a liar.

ExitPursuedByABear · 21/03/2016 11:58

Yes - he was a witness - but the insurance company see HGV and their eyes light up.

OP - if you wife signs an untrue statement surely that is fraud?

Rafflesway · 21/03/2016 11:58

This reply has been deleted

Message withdrawn at poster's request.

Lanark2 · 21/03/2016 11:58

Give a statement to police about the insurance scam, and tell both insurance companies to put on hold whilst you check for dashcam footage (you never know, a poster up at the lights might get someone coming forwardWink) and see if that shits them up.

At least press the police to interview under caution.

Chancing MF rs

eddielizzard · 21/03/2016 11:59

i wouldn't accept responsibility. i think the insurance companies will try their best to get the other side to pay regardless of who has admitted fault.

i was in an accident which was the other person's fault and they admitted it. they drove through a stop street and hit me. on principle their insurance company tried to get me to take the blame even though he admitted fault. just procedure i think, although i have no proof!

i would contest it as far as possible and see if it actually goes to court. sounds to me like they are trying it on and if you show resistance they may give up.

Original poster
domelsnake · 21/03/2016 12:00

If we decide to go to the court am I going to be allowed in or it will be just my wife, our solicitor, the 3rd party. 3rd party's solicitor and a judge?

OP posts:
Original poster
domelsnake · 21/03/2016 12:01

If I report this to the Police as crash for cash will this change anything in my case or it will just be registered in the system?

OP posts:
Blowninonabreeze · 21/03/2016 12:08

We had a similar scenario, where we had what we assumed was a completely no fault insurance claim after another driver pulled our car door off with his trailer. Driver was apologetic. Accepted liability etc. then his insurance company tried to make a claim.

To my utter horror, my insurance company wouldn't fight it and settled a 50/50 liability. I was livid but could do nothing.

Thankfully the case was taken up by the car hire company who had lent us a car whilst ours was fixed. They pursued the drivers insurance company all the way. We agreed to go to court, as did several witnesses. The other drivers insurers settled the claim out of court the night before we were due in court.

Massive waste of money. Solicitors/barristers etc all booked plus myself and DH had booked time off work/childcare. All of which had to be paid by the other party's insurers. Madness

kirinm · 21/03/2016 12:10

Your insurance company are probably seeking your consent to settle the claim - you don't have to admit liability but it will be cheaper for them to settle the claim (pay some money) than fight it to trial.

Settlement can be made with no formal admission of liability.

You can tell your insurers you want to fight it but it is likely there is a clause in the policy which entities them to have conduct of any claim and take whatever action they deem appropriate.

Rear end shunts are generally found in favour of the driver in front which is why they've told you to settle.

Tell your solicitor you don't want to settle and want to fight it. Complain to your insurers if they ignore you. Yes, you can sit with your wife in Court.

Original poster
domelsnake · 21/03/2016 12:12

What about 50/50 - Is there a chance for this?

OP posts:
kirinm · 21/03/2016 12:15

Your solicitor can make offers. But a 50/50 means you'll still lose your no claims bonus - which is, for you, all that is at stake financially.

I'm a solicitor by the way although don't do this work. These are YOUR solicitors so you can tell them what you want them to do but ultimately your insurer can probably settle a case if it's cheaper to.

Goingtobeawesome · 21/03/2016 12:19

Go to court 100%. You have a chance of justice then and if you lose you tried. If you settle now you are letting this woman piss all over you. You are giving into bullying and whoever is saying you won't win is over inflating their influence. It's up the judge. Write down everything what was done and fight this.

An acquaintance had this happen. The person accepted blame and said they would cover costs. Six months later they are claiming she went into them..

cozietoesie · 21/03/2016 12:20

I just don't know whether you would be allowed in court other than as a witness or as an observer. I doubt it.

Are you and your wife on different pages with regard to this matter?

BitOutOfPractice · 21/03/2016 12:21

It sounds so like a crash for cash to me!

User543212345 · 21/03/2016 12:22

I join the chorus of voices saying no way I'd back down over this! Go to court and fight it. My sister once did this over a claim that she contested and I went with her for support. I wasn't allowed to say anything during the hearing but I was able to sit in the room with her, so you'll be allowed into the hearing.

As for worrying about extra costs of it going to court or a possibility of it going 50/50 - stop it! The claim is what counts against your insurance, not the cost, so if you go 50/50 it's effectively the same in outcome for you as admitting liability, it just gets your insurance company out of paying a bit of money (and her insurance company too).

In your position I'd be fighting to the bitter end (and taking a complaint to any ombudsman if they tried to overrule me), but I'm a stubborn bugger like that.

kirinm · 21/03/2016 12:24

He is allowed into court.

And it isn't giving into bullying. Common law relies on precedents to decide cases (in the main) and case law in rear end shunts leans towards the driver behind being responsible either for driving too close or failing to stop.

If you go to court your wife will have to provide a witness statement, give evidence and be cross examined by the claimants barrister. It can be quite intimidating although nothing like you'll see on TV.

Who are the insurers? Some are more accommodating than others and might be prepared to allow you to defend the claim regardless of prospects.

Blowninonabreeze · 21/03/2016 12:24

Who does the car belong to? Who was named on the insurance?

In my case, my husband was driving the car but he was a named driver on my insurance. I wasn't there when the incident happened.

Due to this we BOTH had to be in court, myself as the insurance policy holder and my husband as the driver/witness to the incident.

cozietoesie · 21/03/2016 12:27

Ah - thanks for that info on court presence. Would the OP. Be allowed to speak to the matter?