Kirstya59 Posted April 22, 2015 Share Posted April 22, 2015 So basically what it says in the title, I was stationary waiting in traffic, the woman hit me from behind and pushed me into the a van in front of me. He had no damage so drove off, i have done all things necessary such as contacted insurance etc, even rang the council to see if they have cctv, but don't the womans husband even rang me and said that they would pay for damages because didn't want their insurance to go up....3 weeks on and the repair garage arrange for my car to go into repairs and say that i have to pay excess of £600! I then rang insurance and asked why, turns out this woman is now trying to say that i reversed into her...however i have damage to my front number plate and a grill which fell out when i hit the van infront? crazy person....and this is now causing me so much distress because how can she lie and get away with it with the clear evidence on my car?! after the accident i suffered back pain for the 3 weeks and am now suffering now with occasional pain such as when I am sat in the car. I have been arranged by solicitors to have a medical examination so that they can write up a report, Does anyone know what these things consist of? Im just worried that this woman is going to make up so many lies and that I'm going to end up having to pay for her mistake!i have told insurance that I want to go to court if she doesn't admit liability however the man said he doesn't think it will go that far Does anyone have any experience of these sort of things and how they go? i would be so grateful Link to comment
Hollyj Posted April 22, 2015 Share Posted April 22, 2015 This is why you go through the insurance. Does her insurance company know? They will fight it out? You don't trust strangers. They are trying to get you to back down, by making up lies. Link to comment
relevart Posted April 22, 2015 Share Posted April 22, 2015 I had someone rear end me a few months ago as was preparing to take an exit off the interstate where the exit curves around at basically 270 degrees. He got out mad at hot wondering why I put my brakes on. SMH Link to comment
Kirstya59 Posted April 22, 2015 Author Share Posted April 22, 2015 Exactly why I did! and because its the way to do it, and could of just not paid. Yes her insurance company know as she has told them that it was me.Thats what I thought, I hope they do find it out and find out that she's making it up, just hope she doesn't make anything else up! Link to comment
Hollyj Posted April 22, 2015 Share Posted April 22, 2015 Sorry, I misunderstood. They are trying to psyche you out. All they have to do is look at the damage, and it will be clear. Did someone come to see the damage? Link to comment
Kirstya59 Posted April 22, 2015 Author Share Posted April 22, 2015 We'll thats what I thought, the person from the repairs centre came and took pictures of the damage Link to comment
indea08 Posted April 22, 2015 Share Posted April 22, 2015 If you called the police and filed a report at the time of the accident, you're fine. If not, it's your word against hers and you will be responsible for fixing your own car. Link to comment
Hollyj Posted April 22, 2015 Share Posted April 22, 2015 If you called the police and filed a report at the time of the accident, you're fine. If not, it's your word against hers and you will be responsible for fixing your own car. That's not true. The police will usually only come if there is substantial damage, or if there are injuries. Insurance company only needs to see the damage to make the judgement. I had the same type of accident. Got the info. Repairs were completed in a week. No police. Link to comment
indea08 Posted April 22, 2015 Share Posted April 22, 2015 If there's no police report then where's the evidence to prove who's fault it was when this woman takes you to court? Link to comment
Hollyj Posted April 22, 2015 Share Posted April 22, 2015 If there's no police report then where's the evidence to prove who's fault it was when this woman takes you to court? The adjustor assesses the damage- this is their job, as they are trained in the field. Have you had an accident? The police are not accident experts, they simply take statements -unless there are witnesses. If the insurance company feels that she was responsible, then she would take it to court. In a rear end situation, it is beyond unlikely. I have been rear ended, three times. The police were never involved, and the other party's insurance company paid off. Link to comment
ParisPaulette Posted April 22, 2015 Share Posted April 22, 2015 Contact your insurance company ASAP and talk to them about what to do. None of on here are legally trained and this has now become a legal issue. BTW it's not true the police won't necessarily do anything. My husband had someone claim he hit the back of their car when both vehicles were parked on the street. The thing is we both knew that wasn't true, because my husband's vehicle had been parked on the street for a week as he was out of town and the owner of the other vehicle claimed it'd happened one night when my husband was gone. Bottom line the guy got really nasty, got the cops involved, we lawyered up. We filed a fraud report, a police officer then came out, measured the guy's dented back of the vehicle, measured my husband's truck, then turned around and ripped the guy a new one for lying and filing a false claim, because he could see, and showed us all, that the damage wasn't caused by my husband's vehicle since the bumper was a good 2 inches higher than where the dent was. After he heard that my husband had witnesses to where he'd been he really let the guy have it and last I heard the guy was served and had to go to court over filing a fraudulent report. Our insurance told us they'd be more than happy to go after the guy if he dared breathe a word about it any longer. Last we heard of it. Anyways contact your insurance company ASAP and learn your lesson. No matter how much they beg or promise you need to file a claim and let the insurance companies sort it out. It is not your problem if someone else's insurance goes up, because of their reckless driving. Link to comment
browneyedgirl36 Posted April 22, 2015 Share Posted April 22, 2015 The adjustor assesses the damage- this is their job, as they are trained in the field. Have you had an accident? The police are not accident experts, they simply take statements -unless there are witnesses. If the insurance company feels that she was responsible, then she would take it to court. In a rear end situation, it is beyond unlikely. I have been rear ended, three times. The police were never involved, and the other party's insurance company paid off. Yep -- I've been rear-ended several times, and where I live, the police won't come unless the vehicles are blocking the road OR someone needs to go to the hospital, so no police have ever been involved in my rear-end collisions. They don't come to any scenes of minor accidents where I live. The insurance adjuster will assess the damage and come to a conclusion, so make sure your insurance company knows about it if they don't already, and they will hopefully find out her insurance info (unless you have it and can give it to them), and go after her. Your other option is to sue her for your damages, but that would be tough. The lesson here: NEVER agree to payment outside of insurance. That's what insurance is for -- to protect all parties legally AND financially. Don't fall for the "My insurance will go up if I report it" business. It CAN go up, but it's usually not that much, and anyway....that's the price of driving a motor vehicle; that's the risk people take. Link to comment
Kirstya59 Posted April 23, 2015 Author Share Posted April 23, 2015 Yes well thats what i said to the insurance company, i asked if we could take her to court but apparently not until all repairs have been completed so that can charge for the amount of the damage.But my insurance company said that its very unlikely and she will most have to admit liability. i heard someone else had been in a car accident though not the same as this and the other person had made up witnesses, however that was a write off situation Link to comment
Doc Blaze Posted April 23, 2015 Share Posted April 23, 2015 Even if you take her to court and win, thats never the hard part. The hard part would be collecting the money..if they are sketchy, u might not see that money for a while if ever. Link to comment
Kirstya59 Posted April 23, 2015 Author Share Posted April 23, 2015 I have gone through the insurance company and everything. i never considered for her to pay for damages outside of insurance because i know its a dodgy thing. If she admits liability like she should be doing then my insurance company will get the money off hers to pay for all my damages.However she is not admitting liability and at current time i am having to pay my excess to be repaired in the meantime Link to comment
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