Not accepting liability


C

civic_joe

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Joined
Apr 19, 2008
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525
This is not for me ok? lol!

My friend's got a scooby and last month someone went into the back of him and he is not accepting liability although insurance company tells him the other party has up to 90 days to carry out the investigation bla bla bla!

He made a huge dent in the rear wing where the rear bumper mounts and all that happened to his crappy isuzu pick up was about the size of an apple.

If it goes into 50/50 split will it be total of all repairs split down the middle?
How can he argue his case? Is it just ok that if you are responsible for the accident to say nothing and then it will go away?

WTF!!! It's not me but it pisses me off how people can seemingly get away with so much and it's supposed to be a system that works!!!
 
if he went into the back of your mate, i dont think he has a leg to stand on. even if it is not technically your fault if you go into the back your still liable.
 
No case really, rear ending someone you are automatically liable.
 
Tell your friend to claim for whip-lash too, it's medically impossible to diagnose and is worth about £1500 as an insurance pay-out.
 
I would get every penny possible out of him..If he hit your friend what arguement can he put up to defend himself..Its his fault and he knows it
 
Unless your friends brake lights dont work and the other driver can prove it

:lol:
 
He didn't admit to it at the scene and it seems he hasn't gone back to his insurance company about it either.

Anyone got any experience with people not accepting fault?
 
No because nobody was hurt the Police didn't want to know, he called them as soon as he got to his destination though.
 
was there any witness and did the take pictures?

all your friend can do i tell his insurance what happened and it they will discuss the case with the 3rd partys insurance which they will write to him and if he doesnt respond and if they think your friend is not at fault then i think he has a good chance of winning the case.
 
It will drag and drag and drag if he doesnt accept liability :(
 
He took photos yes, so he needs to get in touch with their insurance company? His insurer has already contacted them and they got 90 days to investigate or whatever.
 
a couple of years ago when i was still learning to drive (about 5 months into my first insurance) i was in athlone car park and a car parked in the taxi lane (wasnt a taxi) pulled out without looking and smacked into the rear of my car.

when the gards came out they said that because it was on private property (car park) they couldnt do anything. i rang the insurance company and the next day the other driver had a "witness" who said i was overtaking and driving dangerously and apparently the two people i had in the car with me at the time didnt count as witnesses. in the end the case was dropped and the other guy got away with it, he only had to fix his headlight which was slightlly cracked while i had a damaged rear bumper and rear light smashed.
 
If your friend was stationary, then I would say that the other guy hit him, and its his fault. I dont agree with claiming for injuries you dont have, thats what puts up everyone elses premiums, think you would be annoyed if you knocked into someone and they leapt out the car complaining of various injuries they probably dont have. The insurance companies are trying to change the way they make pay outs also, so if you do have an injury they will pay for treatment up to that value, therefore preventing people claiming for stuff they dont have. Which I agree with, after all, buying a new tv with your payout doesnt help with injuries you have received.

It isnt a police matter unless someone is injured (civil matter). You will have to let the insurance companies sort it out. Being on a carpark shouldnt make any difference to whether they get involved or not. Any area that is accessible via the public road is governed by the same laws. Hence why you can get done for driving like an idiot in a car park, skidding, hand brake turns etc. The only time they cant do anything is if the area is locked to the public i.e. locked gates which prevent the general public from entering that area. Its a myth that you can do what you want in a car park and get away with it.

It could possibly end up with it being 50/50 if he denies liabilty, also remember if that happens your friend will have to pay compulsory/voluntary excess on his insurance, so it could end up expensive.

The only thing I could advise is that when this happens to take as many pics as possible, dont let anyone move their vehicles, and measure things if you can. These all help with assigning blame to someone. Never admit liability. Get details of people around you, ask if they saw what happened etc.

If it is 50/50 I think you will pay what I mentioned above, not the actual costs of repair. Unless you decide to just pay for the damages and keep the insurance companies not involved.

Its hard to say what will happen. In my experience of things like this, the insurance companies are crap and they dont know what they are talking about half the time, when I was awarded for things we (Dad and I) did all the work for them, as they couldnt find their arses with two hands.

Hope it gets sorted though.

Ben
 
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