Car Accident Advice Needed

don_1 · 04-02-2009, 17:16

I was involved in a minor accident a few months back. What happened was I was in Tesco car par when a lady was in the wrong lane trying to get through. She ended up scratching my car , but I only noticed this when I got home, as I didn't even know that the cars touched (Both cars were going at less than 5MPH).

When i got home and saw the scratched I went back to the Car Park to see if the lady or her car was there, but they weren't, so I called the police and my insurance company to let them know of this incident. they said they couldn't do anything, as I don't have the 3rd parties details.

Now today I just got a phone call from insurance company saying that the lady has claimed, saying I hit her car and that I speeded away after. She also said she has TWO witnesses.

Please can someone help me on what I should say to my Insurance company, as I've never been involved in a car accident. I don't want to lose my NCB, by saying something wrong.

Thanks

**Chris** · 04-02-2009, 17:23

All you can do is present your side of the story as fully as possible in your own claim to your own insurer. If you believe it was her fault, say so. It is not unheard of for people to brief friends and acquaintances to act as 'witnesses' after the fact - someone did this to my mother a few years back, and when the stories didn't match up (especially with my mum insisting that their were no witnesses at all) her insurer investigated the 'witness' very thoroughly indeed, even visiting him at home to go over his statement. Ultimately that case was settled without fault being established on either side; her insurer refused to accept the witness as genuine, the other insurer wouldn't back off, but neither wanted to go to court. Mother would have lost her NCB has she not been a Motability driver who doesn't arrange her own insurance anyway.

Think of it this way, before today you had no 3rd party details so you were going to lose your NCB getting the scratch repaired anyway. You're no worse off now.

don_1 · 04-02-2009, 17:31

Quote:

Originally Posted by Chris

All you can do is present your side of the story as fully as possible in your own claim to your own insurer. If you believe it was her fault, say so. It is not unheard of for people to brief friends and acquaintances to act as 'witnesses' after the fact - someone did this to my mother a few years back, and when the stories didn't match up (especially with my mum insisting that their were no witnesses at all) her insurer investigated the 'witness' very thoroughly indeed, even visiting him at home to go over his statement. Ultimately that case was settled without fault being established on either side; her insurer refused to accept the witness as genuine, the other insurer wouldn't back off, but neither wanted to go to court. Mother would have lost her NCB has she not been a Motability driver who doesn't arrange her own insurance anyway.

Think of it this way, before today you had no 3rd party details so you were going to lose your NCB getting the scratch repaired anyway. You're no worse off now.

I don't want to lose my NCB. I even repaired the scrath myself and she has two witnesses.

Will this case go against me, as she managed to get my car details and said i speeded away.

Julian · 04-02-2009, 17:31

Spookily Similar Story To This One

Only your brother was driving that time.

don_1 · 04-02-2009, 17:34

Quote:

Originally Posted by Julian

Spookily Similar Story To This One

Only your brother was driving that time.

Yep, nearly the same thing happened to him, but that was slightly different, cos the man/lady didn't claim.

**Chris** · 04-02-2009, 17:40

Quote:

Originally Posted by don_1

I don't want to lose my NCB. I even repaired the scrath myself and she has two witnesses.

Will this case go against me, as she managed to get my car details and said i speeded away.

A lot will depend on whether the witness stories agree with each other, with you, and with her. If you're confident you remember what happened, and you're happy with your standard of behaviour, then make your case and stick with it. If you have legal protection on your policy, then insist on pursuing the case all the way to court. It's amazing what the threat of a court appearance can do to a witness' willingness to testify, especially when they're not so certain of their facts as they appear to be on paper.

Saaf_laandon_mo · 04-02-2009, 17:42

If you are clear about your version of events I'd ask your insurance company to get CCTV footage from Tesco carpark. If it shows she was entering the carpark in the wrong lane then you will be fine.

don_1 · 04-02-2009, 17:43

Quote:

Originally Posted by Chris

A lot will depend on whether the witness stories agree with each other, with you, and with her. If you're confident you remember what happened, and you're happy with your standard of behaviour, then make your case and stick with it. If you have legal protection on your policy, then insist on pursuing the case all the way to court. It's amazing what the threat of a court appearance can do to a witness' willingness to testify, especially when they're not so certain of their facts as they appear to be on paper.

Can you ask the insurance company for the 3rd parties address, as I want to see what damage she is making that I caused to her car?

altis · 04-02-2009, 17:47

You clearly remember the incident yet you didn't notice that you'd both made contact?

You're stuffed mate.

**Chris** · 04-02-2009, 17:51

Quote:

Originally Posted by don_1

Can you ask the insurance company for the 3rd parties address, as I want to see what damage she is making that I caused to her car?

You should get her address as it will go on the claim form you have to fill in. However I wouldn't advise going round to see her. You don't want to get into an argument or do anything that might compromise a court hearing (which is where this is going to end up, if you want to insist you're not in the wrong).

don_1 · 04-02-2009, 17:53

Quote:

Originally Posted by altis

You clearly remember the incident yet you didn't notice that you'd both made contact?

You're stuffed mate.

I remeber the incident, because I know she caused the damage to my car, even though it's a few scratches.

If we both dont accept liabilty, will this case go to court, even though it's a minor accident (few screatches)

**Chris** · 04-02-2009, 17:56

Quote:

Originally Posted by don_1

I remeber the incident, because I know she caused the damage to my car, even though it's a few scratches.

If we both dont accept liabilty, will this case go to court, even though it's a minor accident (few screatches)

It might - it depends whether you have motor legal protection on your policy, what view your own insurer takes based on the witness statements and how hard you insist on going to court.

Your insurer isn't going to spend a fortune contesting this in front of a judge if they think there's no chance of winning. But they *should* make reasonable efforts to satisfy themselves the witnesses are not part of a stitch-up by the 3rd party before coming to any conclusions.

don_1 · 04-02-2009, 17:59

Quote:

Originally Posted by Chris

It might - it depends whether you have motor legal protection on your policy, what view your own insurer takes based on the witness statements and how hard you insist on going to court.

Your insurer isn't going to spend a fortune contesting this in front of a judge if they think there's no chance of winning. But they *should* make reasonable efforts to satisfy themselves the witnesses are not part of a stitch-up by the 3rd party before coming to any conclusions.

I do have motor legal protection on my policy.

What can I say to my insurer if they ask me:-

how did you notice the scratches after and why did you not get out of your car?

jellybaby · 04-02-2009, 18:01

Just tell them the truth. Thats the best you can do

rogerdraig · 04-02-2009, 18:02

1 you reported it to the police so they should have a log of when you did that and your insurance company to will have a log so you have complied with the law on reporting the incident

2 as you did above you will have a good case in court to show you were not trying to evade any responsibility by running away as she implies

3 your insurance or one of the many companies out there dealing with motoring losses should be quite willing to help you out if it ever got to court

4 personally i would get one of above to do this for you but if you need to you can do it on your own do as previously suggested ask for cctv ( though its likely been wiped by now ) ask for witness statements, and write a letter tell them your side of story ( though i suggest you get some advice of how to word that letter )

5 back this up as shes claiming by getting estimates of what it would have cost to fix your car and make a claim against her as you now do have her details