Motor Insurance Claim

[Mowbray]

As I was driving along a road this guy pulled out from a side road and crashed into the side of my car. He claimed that he could not see as the sun was shining in his face.  He admitted to me straight away that it was his fault.

I took his telephone number at the scene and he said he had no insurance details with him.  I spoke to him on the evening of the accident and he said that I don't need to go through the insurance company as it would take 'ages', and he offered to pay for the damages and his 'mate' would repair my car.  I said that I would be going through the insurance company and he didn't seem happy.

Also, whilst on the phone to him he said that he was an electrician and if I wanted any work done that he'd gladly do it for a discounted price!!!! (touting for work when he's just crashed into my car!).

I rang his, (and my insurance), insurance to report the incident, explaining where I was and he pulled out from a side road. They stated that they needed to hear his side of the story.

I've just rang his insurance company now and they say that he is not admitting fault and he's saying it was my fault! - I am sooooo angry that people like this can just get away with things like lying.

I know that my insurance company will contest this however, I don't have any witnesses to the incident. The only thing I can do is take pictures of where I was driving and where he pulled out of.

I am contemplating ringing him up tonight and telling him what an idiot he is by lying and people like him shouldn't get away with things like this.

Does anybody think that I would be doing the right thing? 

If so, what do you think I should say to him, as I don't want to sound agressive to him?

I know if I ring him this may not solve the problem, but it's more for my sake that I told him that he's stupid.

Thanks

K

[Loosehead]

He is trying to avoid claiming off his own insurance perhaps he knows they will bump up his premium. That is why he offered to get the work done for you himself. I wonder why did you feel the need to dismiss his initial offer out of hand? It seems that it was, initially at least, a genuine offer to fix your car and to avoid the insurance company's red tape . Now it's your word against his, I suppose if you have a dent' in the side and he has one in the front, that will give your insurance company something to go after (go round and take a picture before he repairs it). Otherwise It's going to be knock for knock.

[andy hughes]

Don't ring. You will solve nothing by getting into a personal argument with this man - which may well escalate into unpleasantness.

From the circumstances you have outlined, the fault is his, and your insurance will pay for your damage - assuming you have full coverage.

Other than that, if he contacts you,be polite but firm, and advise him that your Insurance Company is dealing with the issue, and he should speak to them, and then end the conversation. Do not contact him, or accept any offers of cheap work / repairs. Let your IC do their job - it's what you pay for, and steer clear of any personal issues which, at best solve nothing, and at worst, can excalate everything to bunny-boiler territory.

[Mowbray]

To Loosehead, It wouldn't have been wise for me to allow his 'mate' to fix it as he may just to the job on the cheap or if there was any other problems with the repair I doubt that I'd get any joy.

I am aware that he has already had his vehicle fixed by his mate, so there is now no obvious damage to his car.

I am going to take photographs at the road he pulled out from and the location I was when the collision happened.

Luckily I am Fully Comprehensive so if I get no joy I can claim from my insurance.  I'll then have to pay the �200 excess and my premiums will go up. 

I don't want this man to get away with this and I am going to do my best to prove him wrong.

andy Hughes - I think you're right about not ringing him, as I don't think that would resolve anything.  Thanks.

I have been driving for 10 years and I've never made a claim nor have I ever caused an accident. (I am aware that accidents can occur beyond anyone's control, I am not suggesting that this guy crashed into me on purpose).

I am just really angry that people like that can just go around and crash into someone else's car and not admit it was their fault.  Some people work hard for their money to pay for their car, then all of a sudden someone comes around, has an accident but then doesn't admit it was their fault.

Has anybody else been in this similar situation?

Thanx :-)

K

[Loosehead]

I accept your points mowbray it's just that I thought You'd find it difficult to demonstrate any blame and you will be effectively penalised by your own IC + the access through no fault of your own. It's easy with hindsite I suppose but that is why hire cars carry an "accident kit" in the glove box, incuding a camera etc so you can immediately take a picture.

[jake-the-peg]

I'd be very surprised if he were able to avoid accountability for this accident if the details are as you describe.

Providing that he doesn't contest that he was pulling out of a side road - there is damage to the side of your car and the front of his. I cannot see how he could possibly claim that you were to blame - he certainly cannot claim that he's not liable because the sun was in his eyes!

As everybody else says do not talk to him under any circumstances. Do talk to your insurance company. Make it absolutly clear to them that you feel that you were not to blame and that his insurance company need to settle your claim and not them.Remember it's a no-claim bonus not a no-blame bonus.

But do make sure that you've got your insurance company on your side.  If you get resistance from them make sure they understand that if you're not happy you'll a) complain through their complaints procedure b) go else where in future

In dire circumstances you can threaten referal to the financial services ombudsman (replaced the insurance ombudsman) or seek financial redress in the civil courts. You probably wouldn't actually want to go there but calmly dropping references like this into the conversation can cause a change in attitude if you're getting the brush off.

Hopefully none of that should be needed - try and develop a good relationship with your insurance company and you'll be amazed what they'll do for you.

[Jay70]

I dont think you should cantact him and should just go through your insurance.  And you should repeort it at the first instance as there are time limits on registering a claim.  Also most insurance comapanies advice you not to admit liabilty even if you think you are in the wrong - if you do they may not let you have a courtesy car etc.  I know someone who this has happened to and was amazed.  I checked my own insurance policy and sure enough in the small print it states for you not to admit liabilty.  So this guy probably found this out after he admitted liabilty to you.  

[brian5]

This is why it is important to call the police in the event of an accident, and it is actually an offence NOT to report an accident, I learnt my lesson years ago when I was hit and got the old, " we don't need to go through the insurance" line, he hit you, he should pay, If I hit someone, I would probably try to avoid the police gettnig involved, but if he hits me I call the police, if he drives off before they ge there then hes in deep do-do.

The moral is.... keep yourself right, don't rely on the other guy to do the right thing

[pal]

the only way to deal with people like him is to lie back.
get a friend to say that they witnessed it. it works.

[Garrards]

Leave EVERYTHING to your insurance company. If you have legal assistance, rest assured that they will be capable of handling liability disputes. If he is found at fault, you shouldn't gain a higher premium. If you do, vote with your feet and go to a different insurer in future.