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Help, insurance nightmare!?
I'm currently having a nightmare with an insurance claim. While out in the car last month a white van reversed into me (he was backing up at a tunnel to let cars that were coming the other way past). He was very nice after the knock, accepting responsability, but it seems that the ******** has stated on his insurance claim that I went into the back of him!
How can I deal with this, there are no witnesses?
You were probably so nice that you didn't report it to the police, I bet. If that's the case, you need to find unbiased witnesses who will verify your version. Hopefully you got some names at the scene; if not, try a personal add in the newspaper.
If you have coverage on your car, I would turn the claim in to your own carrier. If you have physical damage coverage (Collision) they will pay your damages according to your insurance contract and subrogate (Collect) against him.
Your policy requires you to report any accident to which the coverage might apply and if he is claiming it is your fault, there is a possibility he might file a claim or suit against you. They need to investigate it while the information is still fresh.
I honestly think you're not going to get anywhere unless you have a witness. He's obviously thought about it and been told that if he just says you hit him then you'll have to take the blame as that's what the damage will look like. Sorry.
Go an see a solicitor who specialises in this sort of claim.
Get your car fixed, claim the costs off your insurance policy. Beyond that it is no longer your problem, unless you were not insured, then it is your problem.
You have his name and address.
Pay a visit & take a hammer with you.
Take your biggest, meanest looking, freind along also.
Get him to write a confession or start with his headlights.
Face to face, he will break, otherwise, threaten him with viloence.
A copper should also be able to get him to crack maybe ?
In the case of a "He said, I said" claim, the insurance companies will most likely split the liability. Sometimes, a car repair company can determine whether a vehicle was struck, as in your case, or if the vehicle caused the accident, as is the claim of the creep that hit you. Definitely see if that can be determined.
Word to wise: in the future, dont ever leave an accident scene without a police report.
Mmm, difficult one. Speak to the police or your local council/authority and find out if there was any CCTV footage. If not, then it will be impossible to prove you are not at fault. You can continue to deny this and at best it will settled as a 50-50. Both of you will lose your no claims bonus and excess. ~You could then pursue it through civil court to recover your costs.
Hope this helps...
If there is no way to prove it, you will go with ur stoy while he will go with his. The insurance companies will probably accept just 50% and you will have to pay for half of it. So consider the damages. Is it really worth going through the insurance company?
Also, sometimes what these companies do is call one and then the other and then they try to figure out who's lying and who's not.
If you stick to the same story and keep it real, they will believe you. You can also ask them to conference the other person in and talk between the 3 of you. Also you could get a mediator or something like that.
You'll have to file with YOUR insurance company, then ask them to go after his insurance company.
This is when having a good relationship with your agent pays off . . you need to convince your agent that you didn't rear-end him, AND have your agent convince the adjuster, so that they pursue this aggressively.
I really hope you don't have Geico.
yeah I have been there, I am afraid it's no way you can prove it without independent witness. You will have to pay up.
Hello -- I was in a similar situation, and unfortunately, without witnesses the insurance company will say that you are at fault. Rear end accidents are more likely to be caused by the person behind.
Unfortunately, when somebody is hit from behind, it is naturally blamed on the person driving into them that they did not leave enough stopping space - unless somebody saw him reverse you are going to have a problem, he is not going to admit reversing into you, nevertheless, its a sham a witness can't suddenly appear!
Why did you not call the police and have them do a report so that you could have had this guy on the record saying he backed into you? Your story just doesnt add up!