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Liability claim 50/50: witness changed their statement


clanger27
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I've recently been in the position that's someone has hit me on a mini roundabout once I was already on the roundabout.

Initially he accepted responsibility, it was dark and heavy rain, he didn't see me etc.

The day after he reverted what he said and claimed that it was my fault and have in fact gone across him on the round about.

 

A witness came forward and texted me confirm that I was in fact on the roundabout and the defendant on the verge.

 

Since then (incident in Feb) after proceeding to close the case down my representatives have been in touch and the witness has completely changed what they have said to the other way around!

 

 

I have the texts and shared them,

however they say it's high risk and I should look to settle!

Even though I have proof they have changed their statement and shows them to be unreliable.

 

I have given my representatives the scene phone which show the resting position of the vechiles, lighting, weather conditions and the specifications of my vehicle to show it would be physically impossible!

 

Had anyone else been though this??

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Roundabout claims usually go 50/50 as it's easier and insurers are lazy.

 

You need to try and fight this if you're sure the other driver is 100% at fault.

 

Yes I'm 100% I'm not at fault

 

But the witness changin what he has said is my concern. I'm hoping if it goes to court they will see he's unreliable.

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Unfortunately it won't go to court.

Your insurance will settle for a 50/50 so they can put your price up.

The only thing you can do is to keep on chasing them and hope they assign you one of the very few assessors who do their job properly.

For the future: Get a dashcam, I was in your same situation a couple of years ago and since them I fitted a dashcam on both my cars.

Feeling for you.

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Yes I'm 100% I'm not at fault

 

But the witness changin what he has said is my concern. I'm hoping if it goes to court they will see he's unreliable.

 

Have you actually obtained legal opinion based on all the information you have ? If you want to pursue it, that is what you would have to do, as your Insurers are very unlikely to spend time/money on this. Your claim is just number 299 out of the 999 accident claims received that week. Insurers don't view these matters in the same way as their policyholders having the accident.

 

Up to you to put in the time/energy/money to pursue it.

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