Got rear shunted - Other person denies they did it

[decmatt]

Hi all

Had an incident where I was stationary waiting at a roundabout and I got rear shunted, I turned left to stop and the driver went straight on.

I did a u turn and followed the driver about 2 miles before they stopped (I flashed my beams a few times), she said she heard a noise and her hand bag fell off the chair, but didn't know she hit me.

My damage is an out cracked rear bumper, and some scratches... Her damage didn't seem to bad, a hanging off bottom plastic bumper (which I have a photo of her fixing it), and a couple of scratches to the top plastic bumper. My insurance put me through to no fault company Albany, who have taken it away to fix.

Today I had a call saying she doesn't believe she hit me and denies it happened. Insurance have given me an option to pursue, but I don't have legal cover, so I can pay £100 flat fee to use their services.

What are the chances of me getting this as a no fault claim, or will she get away with it? Is it worth using the legal service?

Edit] There are no witnesses

 

[decmatt]

You should have got out the car straight away with her still behind you and sorted it out, instead of driving round the corner.

To be honest, it's not looking good for you, especially as there are no witnesses.

How much will it cost to have your car fixed?

About £1000 garage said, its new rear bumper, re spray and parking sensors I believe, but garage already have it and have started work.

Just feel sick about this.

 

[decmatt]

You should have filmed the interaction with he woman on your phone, c'mon everyone's phone can record video?? Then at least you could have shown where the damage matched up on both vehicles, maybe some paint transfer.

As it it stands you could have just took a photo of some random woman fixing her car and done the damage to your car elsewhere.

Did your insurers not give you any better advice?

Not really know, I'll be honest this is the first accident I've had, and just entered auto mode.

I have a pic of the woman which matches her details (her company website has a photo of her) fixing her car, so I don't think random?

 

[decmatt]

I had this, woman hit me and pulled over straight away. She apologised profusely and admitted fault, gave me her details.

Then when I called insurance, she had denied everything and said it didn't happen. She was on her husbands policy so he'd obviously stepped in

Had to just drop the claim in the end as it wasn't worth losing my no claims over

Out of interest, how long did it take her to deny claim, what options did insurance give you?

Edit] I don't get why the insurance would think I got her details (address, mobile and insurance company), a photo of her car, and a photo of her if no accident took place? I wouldn't give this out if I denied an accident at the time.

 

[decmatt]

Well haven't heard anything new today

Spoke with Albany and said I have the following evidence:-

* Colleague saw me stopped at side of road with her, and saw her examining my vehicle
* Handwritten note by her, her name, address, telephone number and her insurer
* Photograph of damage to my vehicle
* Photograph of her vehicle, with her examining and touching damage (with numberplate in shot)
* Photograph of the vehicle rear, showing her make, model and plate
* A picture on a website verifying it's her in the photograph (with a place of work that would require that commute at leaving time)
* Damage report to my vehicle that is consistent with a rear end
* One text from myself and one reply from her that validates (at least I believe) the conversation that took place at scene, where she asked me to get a quote, I got a quote, text her quote saying (been quoted X, or I can go through insurance) and a reply from the mobile she gave saying "Please contact my insurance" - I would never send this reply if I denied the incident even took place!

I know I messed up by not recording and getting out directly at scene (on a main roundabout), but surely that would be enough if I tell insurance I want to go to court?

 

[decmatt]

Answer may be no, but should I contact her insurance company at all and ask?

 

[decmatt]

Had a voicemail left last night, her insurance are sticking to the story there was no contact and she stopped because I flashed.

I just feel sick over this now, if you where adamant there wasn't an accident, why would you give me all your information? (Name, address, phone number and insurance company)

Annoyed as they have finished the work on the car, so it looks like I am going to foot the bill for that. Plus lose my NCB and insurance looks like it will double.

 

[decmatt]

Why would you have flashed her if there was no contact :s

Exactly, it feels like they are making it out I chose a random car to do this too

Never mind her front was off and I have a picture of her fixing it, her handwritten insurance details and responding to a text saying contact my insurance.

It seems just call centre staff are there today and no claims handlers, so will ring tomorrow.

 

[decmatt]

Just thought I'd give an update, other persons insurance has paid in full on a without prejudice basis

 

[decmatt]

Good stuff and that was pretty quick. How did it come about in the end? Did she admit fault?

Nope, they have paid out on a 'without prejudice' basis.

Had it explained that they are not admitting liability, but don't want to fight it in court. The money has been recovered 100% so it won't effect my NCB.

Whether they are chasing her or anything, I don't know.