home
in

Insurance dispute - no witness, completely different stories.

Last post Tue, Apr 22 2008, 9:45 AM by Dave_L. 3 replies.
Sort Posts: Previous Next
  •  Sun, Apr 20 2008, 12:43 AM

    Insurance dispute - no witness, completely different stories.

    I had a crash on the motorway last week. There were no witnesses. Both myself and the man I crashed with have put in an insurance claim. We have completely different stories.

    I was in the fast lane and he was in the middle lane. It started hailing and became very foggy, so I began to break, not suddenly, but quite rapidly. At the same time, he had gone to move into the fast lane, and clipped the bottom left of my car with the front right of his. I'm not sure whos fault this makes it? (Not sure if it would be my fault anyway due to 'wreckless driving' because I began to break..)

    The man I had the accident with claims that I was in the slow lane, he was in the middle and I careered from the slow lane to the fast lane, clipping him on the way. This is just not true.

    In this instance when the stories are completely different and there are no witnesses, can anyone actually win the dispute? And if not, do we each pay our own damages or do we split the overall damage 50:50? Also, having reached a 50:50 settlement, can I opt to pay myself (as my damage is £200 and my excess is £400), rather than through my insurance company as this would avoid higher premiums next year, or would it be too late?

    Finally, the man involved works for a vehicle delivery company. I looked at his car after the crash and there did not appear to be much more damage than a bump. I am concerned that, because the insurance is on the behalf of his company, he is just putting in a claim as standard procedure, and may try and blame me for damage that was not actually part of the accident.

    Sorry to bombard with the questions but really have no idea what to do!


    Ribena666
    • Post Points: 20
  •  Sun, Apr 20 2008, 9:19 AM

    Re: Insurance dispute - no witness, completely different stories.

    Surely the two scenarios you describe would result in damage on opposite sides of the two cars. You in the fast lane and him in middle results in your left and his right colliding, whereas you in slow and him in middle results in your right and his left colliding?

    Do you have any photos of your damage to prove exactly where the impact was? I would get some to back up your story!

    • Post Points: 20
  •  Sun, Apr 20 2008, 9:53 AM

    Re: Insurance dispute - no witness, completely different stories.

    I think I've explained it unclearly, but unfortunately the two stories do result in the same damage! I have photos of the damage though, yes.
    Ribena666
    • Post Points: 5
  •  Tue, Apr 22 2008, 9:45 AM

    Re: Insurance dispute - no witness, completely different stories.

    I couldn't help but sign up just to reply to this.

    One of you is lying, not saying its you, but someone is.

    If you sit there and draw the situation ( I have ) any way you draw it will come out with a different damage spot. If it works see attached.

    http://i83.photobucket.com/albums/j305/korn2h/crash.jpg

    If you car is damaged in the places on the left hand side of the drawing then its no ones fault but his, he has obviously not thought about this with any logic. Now if he says you moved into the middle lane then its going to be difficult...

    Just noticed that the image does not work, if you copy and paste it into a new window it will work.

    *edit again*

    Now you can't be in fault, he was following too close to stop in case of you braking, this surely means its his fault as he didn't leave big enough gap to move into ( you could have had to brake for anything - crash, something in the road ) I'd be fighting this all the way.

    • Post Points: 5