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Post by bornyellow on Dec 28, 2010 18:48:18 GMT
Ok so I'm wondering if anyone can help me, 2 weeks ago I was hit head on by another driver who at the time admitted liability, only I found out today she has told the insurance company I hit her when I was stationary. So here's my problem I have no proof she ever admitted liability and there are no witnesses that I was stationry other then my mate in the car will the insurance company accept him as a witness or wil they seem him as bias?
Any other information about this sort of situation would be appreciated thanks.
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Post by Lone Gunman on Dec 28, 2010 19:27:29 GMT
My only thought is that you should have got her to sign something to the effect that she accepted liability at the time. Probably not much of a help though. If she accepted liability at the time and is telling a diferent story now she's got a hell of a cheek.
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Post by bornyellow on Dec 28, 2010 20:40:42 GMT
Yeh I would of done but to be honest first crash wasn't really thinking that straight at the time, phone went flat cars not drivable. Add to that I didn't think she would have the cheek to claim I was at fault when she hit the accelerator instead of break, I mean I was stationary for about 2 seconds before she hit me.
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Post by Agadoo on Dec 28, 2010 22:28:29 GMT
I thought it didn't matter, you're making a claim wih your insurance company about a minor accident, both drivers are covered, whether you did it or her is neither here nor there.
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Post by HKYellow on Dec 29, 2010 3:29:31 GMT
BY, insurance companies will never like driver accepting liability and will try to retract it if they can. Reason being is they can pay out less or go for 50/50 with your insurance company. Even if it goes 50/50 it could affect your insurance premiums or NCB.
I have some questions. Did the Police attend and take statements or markings on the accident. How did she hit you head on, was it a single lane road or had one of you crossed the road to wrong side?
Your insurance company in conjunction with yourself will try to dispute liability from evidence of the police and your passenger. Did anyone else see the accident?
Also evidence of the damage from both cars can help to establish liability.
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Post by witneyellow on Dec 29, 2010 9:06:00 GMT
The evidence of your passenger can be taken into account but would carry less weight than if it was from an independent witness. what were the actual accident circs? if it was a single track road it is difficult to prove either way. It might be worth going back to the scene to see if there are any skid marks. If so get photos ideally including some reference point to show which way is which. pm me with more info if you like.
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Post by KidInTheRiot on Dec 29, 2010 13:36:26 GMT
Years ago a car hit my dads whilst he was stationary, it was a lady from another country who lived in the uk. She apologised and was really sorry and obviously acceptedfull responsibility.
My dad got a call from his insurance company a few days later saying the other insurance company (located outside of uk) saying they were happy to agree to a 50/50 split. My dad said no way as he was parked but his insurance company said it was easier for all then arguing it. As his insurance covered legal fees as well he took it into litigation and eventually won.
Lot of effort (and money if it's not included) and may be easier to just hold up your hands and learn a lesson and move on
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Post by peterdevo on Dec 29, 2010 17:31:53 GMT
The problem is that the police will only get involved in the event of injury and you are then legally obliged to report the accident within 24 hours. If you have legal cover on your policy it might be as well to fight any claim. Probably a long shot but are there any markings on the road that might suggest that your car was stationary at the time of the impact. Alternatively you could always look at a no win no fee to see if you can get anything back at all
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Post by yelloexile on Dec 30, 2010 13:22:28 GMT
In the end it depends on the circumstances, I assume it was down to the ice and snow, as it's unusual to have a head on when one party is stationary.
The witness will be taken into account, but in the end it all depends on the circumstances and the value of the damage concerned. Insurers will look to agree without bringing the courts into it, so stick to your guns - just be careful that your insurer doesn't settle without you knowing about it. If you use a broker rather than going direct, get them to fight for you as well.
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