I am new to this site but I am in need of advice!!!

I was involved in a car accident 2 weeks ago. I was driviing down a clear main road and there was no traffic. On the opposite side of the road was bumper to bumper traffic. I was travelling at 30 mph when a car pulled out from a side road straight in front of me. I hit the passenger side of his car. The man admitted fault and we exchanged details.

I thought it was a clear cut claim and it would be settled in no time.

Until i recevied a phone call from my insurance today informing me the man is disputing liability!!!! The man is claiming I overtook a vehicle (which is impossible to do on this road unless the traffic is clear on both sides, whihc is was not) and he has emerged from the side road and i have gone into the back of him!

My bumper and bonnet was damaged in the collison and his passenger side back door and wheel arch was damaged! However he is claiming i have gone into the back of him.

I am really worried about being found at fault even though i know what truly happened. I am worried he has previous damage to the back of his vehicle and he has had the damage from the collision repaired!

Will this incident be likely to be found in my favour.

(there were no witnesses and no police/ambulance involved!)

THANKS!

The pattern of damage done to the car does not support his story.

If you had run into the back of him then his damage would be to the rear, and not to the side, and if you had cut back in having overtaken someone and hit his side then your damage would be to your side and not the front.

The only way that you could have damage to the front of the car and him to his side would be if he had come across your path.

I would fill in your form, put in as much detail as you can and allow your insurance company to deal with it.

As flyingdoc has already said, additionally, point out to them that even if it was possible for you to have being overtaking at the time of the accident it would have been a legal move and the onus of responsibility is on the driver pulling out to ENSURE BOTH WAYS are clear before doing so

Mossy

I recommend you issue a letter to your insurance company explaining exactly what occured and your concerns.

I will predict the insurance company will appoint a loss adjuster to assist with the validation process and recovery aspect of the claim.

Loss adjusters will listen to both sides and locate any discrepancies. Especially when the damage does not correspond to the third parties Statement of Fact.

Thank you very much for you replies. The tp is still making the claim i hit him in the back, which has meant i have had to pay my excess of £575 to get my car back! Like you all say his discrepancies will hopefully show i am telling the truth!

Poppy did the insurance company appoint a loss adjuster?

as far as i know, no. i have been trying to emphasise to them the fact he is blatantly lying and it seems they aren't really bothered. i have asked them if they have sent sumone to assess the damaged of his car (before he gets it repaired to back up lies) and they haven't and do not know when they are going to send sumone!!

Hi Poppy,

I had an accident in May in similar circumstances to yours. I was just wondering if you had your claim resolved and how you got on?