Someone drives into the back of me...now claiming i rolled back into them?

Ultimately it's going to be more hassle than it's worth as you could have it repaired yourself and be done with it. However, I think if I was in the situation I'd pursue the fraud front out of principle.

EDIT - This exact situation happened to a friend. He drives a manual but his trump card was a witness who stepped forward. Somebody in the local barber shop happened to see the accident and gave his details. Saved my friend really as it was on a steep hill too! It did take the best part of 2 years to finally resolve however.
 
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^ Totally.

Keep this updated OP, I'd like to see how this pans out. One to see if I should regain faith in our insurance system, and two to see if this stupid bint gets what she deserves. :)
 
Small update on this for everyone.

As i originally said, the claims management company dealing with the claim had a call from the third parties insurance claiming i rolled into her.

My insurance company (who had not had any information from myself or the claims management co) then wrote to me saying they were settling 50/50 as the third party is claiming i REVERSED into her and neither of us had independent witnesses. :S

Cue a heated call between the insurance company and myself, I send them copies of the text messages between myself and the third party offering to repair the car bla bla bla. As a result they fire am email over to the third parties insurance asking why she would offer to repair the car if the accident was my fault.

I today hear, bearing in mind we are approx 6 weeks on since the incident which was a small incident where there were no witness's previously....the third party now has a witness. Oh and her passenger has filed a personal injury claim.

Just to add -

I wont be making a personal injury claim myself. What i will however be claiming for is the fact i wish to sell the car and im unable to until the repairs are complete. My job role has changed which has caused my mileage to double (insurance co aware and business cover added to the policy). I shall be attempting to claim the lost value of the car over the time taken to settle the situation
 
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Oh dear. The general public are very good at moaning about high car insurance prices but they're high for this very reason! :(. Surely insurance companies should have a policy regarding witnesses? Declare them within 24hours of the incident or **** off.
 
Small update on this for everyone.

As i originally said, the claims management company dealing with the claim had a call from the third parties insurance claiming i rolled into her.

My insurance company (who had not had any information from myself or the claims management co) then wrote to me saying they were settling 50/50 as the third party is claiming i REVERSED into her and neither of us had independent witnesses. :S

Cue a heated call between the insurance company and myself, I send them copies of the text messages between myself and the third party offering to repair the car bla bla bla. As a result they fire am email over to the third parties insurance asking why she would offer to repair the car if the accident was my fault.

I today hear, bearing in mind we are approx 6 weeks on since the incident which was a small incident where there were no witness's previously....the third party now has a witness. Oh and her passenger has filed a personal injury claim.

Just to add -

I wont be making a personal injury claim myself. What i will however be claiming for is the fact i wish to sell the car and im unable to until the repairs are complete. My job role has changed which has caused my mileage to double (insurance co aware and business cover added to the policy). I shall be attempting to claim the lost value of the car over the time taken to settle the situation

Wow, that is ridiculous. Best of luck. Out of principle I would not back down.
 
^ Sorry, ive not been very clear in the post above.

As of yet the insurance company haven't been told by third parties insurance. It was the claims management co who rung me to tell me they're dropping the claim as the third party now has a witness. I rung my insurance co who have not yet had any further communication from the third parties insurance co other than their initial statement.
 
Wow, that is ridiculous. Best of luck. Out of principle I would not back down.

Cheers. I've told my insurance co that I will not back down on this and ill fight it all the way to court if needs be.

I'd find my own witness and counter claim. **** em.
Ill be honest, I considered it when i was told she had found a witness. I just cant stoop to her level
 
Who can file charges for insurance fraud? I'd contact your insurers/hers about it.
It would have to be my insurance company who did that. They've been less than helpfull though. I get the impression they cant be arsed. I think 50/50 suited them as they don't have to pay out and no hassle disproving third party.

Go back to the location where this incident happened. See if you can find any CCTV's etc.

Nothing unfortunately. There is an npower office down the road but i cant see cctv covering anywhere near were it happened plus footage has prob been wiped by now
 
Maybe they don't know that. Can you tell them there was s cctv camera covering the road and the details will be passed on to the authorities
 
Wonder how the conversation went.

"He rolled back into me."
"You sure? He was in an automatic."
"No wait, he reversed into me"
"Was there anyone else in your car?"
"No."
"That's going to be hard to prove without a witness."
"Wait, I had a passenger."
"DING DING YOU HAVE CLAIM!"
 
Maybe they don't know that. Can you tell them there was s cctv camera covering the road and the details will be passed on to the authorities

I really dont want to start lying etc as if it goes to court it will be used against me. I want to keep myself crystal clean.
 
Wonder how the conversation went.

"He rolled back into me."
"You sure? He was in an automatic."
"No wait, he reversed into me"
"Was there anyone else in your car?"
"No."
"That's going to be hard to prove without a witness."
"Wait, I had a passenger."
"DING DING YOU HAVE CLAIM!"

Lol. She had 3 passengers however non of them will be allowed to be witnesses as theyre not impartial/independent
 
I always thought that if someone goes into the back of you, the 3rd party who hit you in the rear basically doesn't have a leg to stand on?
 
Well, i thought that as well. Ive also been told its ultimately upto the person with frontal damage to prove they werent at fault as opposed to person with rear end damage proving the car behind was at fault
 
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