Car insurance claim hassle.

Posted by: manicatel on 15 August 2008

Back in January, my wife had a VERY minor incident. She was filtering to the right hand side of a small triangular traffic island in the road to turn right at a T junction.
As she initiated the manouevre, there was nothing coming from the other direction & so it was safe to move to the rhs of the road.
Another car then turned into the road my wife was on (from the left) & her front near-side bumper made a glancing blow to the rear nearside bumper of my wifes car. They stopped, inspected the damage. There was NO visible damage to my wifes car, & the only visible damage to the other car was that the rubber strip on the bumper had come "unpopped" from a couple of the retaining clips. Insurance particulars were swapped & off they drove.
That night, the other party phoned & said they were quoted £100 to fix their damage.
She declined to give them the money, being suspicious of the figure (nothing cost exactly £100 to fix on cars, we both thought) & my wife was convinced she had driven correctly & safely.
Now,7 months later, their insurance has now told us that its £900 to fix the damage & the other driver also is claiming to be suffering from whiplash! They wanted to go 50/50 on costs. Our car was independently inspected & the conclusion was that there was no visible damage was done, which we agree with.
We declined going 50/50, as we refute any blame & 50% of a claim which has gone from £100 to £900 & now with added whiplash sounds a bit fraudulent.We said it should be "knock for knock" as there were no independent witnesses to verify either parties version of events.
Our insurance co has said that as we refuse to go 50/50, the other party refuse to go knock-for-knock, so it'll end in court. They now are sending out an independent examiner to take pics of the location, & taking statements from the missus & the other party. Its all gone on too far!
Neither of us has had any claims for 10years+ & so are a bit out of touch with how things work now. Surely, if no fault on either side can be established (no witnesses, skid marks photos etc) it ends up Knock-for-knock?
Any thoughts?
Matt.
Posted on: 15 August 2008 by pjl
Matt,

As there are no witnesses it is simply their word against yours in court. The court will have to make a judgement of who was at fault based on the "balance of probabilities". As far as their claim goes, they will need to have documentary evidence from a garage to support the initial £100 claim and the later £900 claim. Medical evidence will need to be presented to the court to support their whiplash claim. I suspect that the court will want to know (1) why the escalation from £100 to £900, and (2) why the whiplash claim came after all of 7 months had passed! It all sounds highly suspect to me. If I were you I think I would be inclined to counter their claims with a claim for damages for stress caused to you, your wife, your cat, your pet goldfish etc! I it likely that the "case" against you will be promptly dropped!

Best of luck,

Peter
Posted on: 15 August 2008 by fatcat
Matt

I don’t understand why the other persons insurance company is in contact with you. Surely their insurance company should sort it out with your insurance company.
Posted on: 15 August 2008 by manicatel
Fatcat
You are right.
The info from the other insurance co has come via our insurance co. I was trying to keep the post as short as possible, as I knew it may go on a bit. I omitted that part as an attempt at brevity.
Matt.