disputed liability

[nikki11]

hi can anyone give me a bit of advice! Last november a car stopped suddenley in the middle if the road in front of me, I stopped with a good distance in between. Before i knew what was happening the car then quickley reversed into me. There was no reason for him to do this other than i believe he had possibly missed his turning onto a pub car park which we were in front of . At the scene he admitted he was at fault, and you guessed it later told his insurance i run into the back of him. My car was wrote off! My insurance advised me to go into the pub to see if anybody had seen what had happened. It happened on the road directly outside so someone must have seen it. There were 2 witness who confirmed my version of events. However now he has apparently put forward 2 witnesses who saw his version, he claims they were in a shop. The fact is there is no shop in the area of the accident, also my insurance informs me his witnesses are colleagues of his. These witnesses are definatley fakes because his version is a pack of lies. Will he be able to use these witnesses as they are not independant? How likely is this to go to court? Will taking photos of the scene be any use in proving there is no shop? Im going to fight this i can't afford my premium to go up im a single parent, and for henans sake he was in a mercades ML350!! I want him to accept what he he's done, any help would be great, thanks.xx

[Loosehead]

sounds like a staged rear ender to me. I's becomming more common but very difficult to prove your innocence.

[joko]

perhaps there are cctv cameras in the area? in the pub, look closely and you may find one.

[yesmadam]

Since there is no shop for his witnesses to have been in, yes!!! go and take pictures of the area for your insurers.
Is that in a written statement by him to his insurers about this shop?
and the fact they're colleagues? How doe's your insurance company know that without having been told that, unless they've investigated it.
Tell the truth and you'll be fine :-) and I really hope you nail the lying B'Stard.....

[Stu Dent]

You should certainly contest it. You don't need much advice from us - just reassurance. You seem to know the right thing to do so go ahead and do it. The other party is telling porkies and it looks as though you can prove this (on the balance of probability).

[nikki11]

Thanks so much for your answers. This is my first accident and not quite sure what to do. The cctv ideas good i will go and have a look while i take some photos.
I've done nothing but be truthfull throughout. Silly, self important, arragant men like him should not be allowed out let alone on the road!
My insurance company looked into it and found out they were colleagues and they are disputing the validitey of them.
Your advice and reassurance are appreciated thank you.xx

[joko]

i wonder in these situations if it would be legal to have the driver sign something at the scene, admitting liability...?

just a declaration on a notepad or something?

[Barmaid]

I would expect this to go to court. His case clearly is that you hit him and yours is vice versa. He can ask his two witnesses to give evidence (there are no rules about them not being valid because they lack independence) but the fact that they are known to him may make the Judge give them less weight. Your insurance company should send a barrister to represent you, who will be able to cross examine those witnesses and hopefully, in probing the detail will be able to show them to be not consistent or credible. You should make sure your insurance company gets witness statements off your witnesses. Also make sure that your statement contains as much detail as you are able to give. Also, make sure it is CORRECT before you sign it (I know that sounds obvious but so many people sign the statement and then decide it is incorrect).