ok is this playing within the rules??

[labrat]

B-I-L had an accident two days ago

 

from what ive heard he came through a junction on green at which point another car came through the other side on red and hit him at about 40mph, he ended up in A+E with no serious injuries in the end (had to be x-rayed etc) but large amounts of brusing and side pains

 

at the scene the woman said in front of witnesses "sorry i was on my phone and didnt see the lights" this was infront of BIL + His brother + people from the car behind

 

fast forward to yesterday and shes told her insurance company that it wasnt her fault, BIL says that if the witness replies that she said that they will push for 100% liability if not it will end up at 50/50

 

now hes worried that the witness (who was very friendly at the time) might not reply

 

now here comes the cheeky part, the woman lives in portsmouth, i had her name, i set up a fake facebook profile, with profile pictures as "pets", roughly same age, and same school history. found the woman on facebook - confirmed it through her pictures which had the car in question (bmw 5 series)

 

ive managed to get onto her friends list by saying i vagely remembered her from school, and asked about the car accident if shes ok etc, if she actually admits the being on the phone again how useful is this, as its a fake account theres no issue giving the insurer the login to read the message themselves or a print off

 

any ideas?

[MaxxPower]

Surely the fact she ran a red light would be enough for 100% liability on her part.

Does the junction have any traffic cameras that can confirm she went through a red light?

[BankFodder]

You are putting a lot of faith in your insurance company - believing that they care about you or about the accident.

They don't.

 

One factor, is that they want an easy and cheap life - and so the quicker they can close the file, the happier they are.

Another factor is that on a 50/50 - they get to increase the premiums of both drivers at next renewal - plus they get two lots of excess payments - one from each of you.

 

The only quick way to deal with this is to get all of your evidence together - signed witness statements etc and then threaten a county court action - and start the action if she hasn't admitted liability in writing within 14 days.

 

Otherwise, settle in for the long haul - and probably eventual failure

[unclebulgaria67]

Agree with Bankfodder. This is just a case of your BIL seeing whether he can push the Insurers towards making the case that the 3rd party was 100% liable. The Insurers may not do much, without a push.

 

As for Facebook, yes I do not see any reason not to provide the Insurers with screenprints of this ladies Facebook pages, if it helps in any way. I would suggest that you don't provide screenprints of the made up Facebook account, as that might not help. ( the same way that some journalists are in court where blagging is part of the prosecution case).

[labrat]

not sure i followed the last post

 

no reply as of yet. the junction apparently did have cameras but no mechanism in the cameras

 

hes going to wait on the witness statement hes hoping its good the witness was nice at the scene and even invited him home to wait for a lift

[BankFodder]

Incidentally, the court action would be against the other driver.

[labrat]

Well the womans declined to reply

 

The insurance company has now said that they intend to settle 50/50 and wont be asking the witnesses for statments as "here is no need as its not going to court"

 

Hes coming round today for help somim going to talk to the insurance on his behalf

 

Best way to push it forward? Its admiral btw

 

Peronally my current goal is

 

Get email address for claim handler

 

Get diagram of incident sent (not asked for)

Witness to email directly

Photos of damages sent

Refusal of liability sent

 

Will be back on soon going to get laptop wont get on well wih phone

[unclebulgaria67]

Suggest that your B-I-L tries to get hold of witness statements from the third party.

 

If they can get a statement, then I would think a letter before action to the third party driver would be in order. The letter would state that third party witness evidence will be used to take the matter to court, unless they admit 100% liability for this accident.

 

If they can't get the third party to make a statement, then I would suggest that your B-I-L just accepts the Insurers decision of a 50/50. Without any third party evidence, there is not much chance of success in court.

[labrat]

ok quick update

 

spoke to insurers

 

They didnt know about the second witness they are going to try and contact them

 

they didnt have the scene of accident photos

 

they were unaware there was a red light camera there

 

they were unaware that witnesses heard her say she was on phone

 

having seen pictures of crash BIL's car was spun twice and pushed over 100yards up the road so suggested that sounds like she was doing a little more than 40

 

they are aware hes refusing any liability (hes third party only so he cant even afford to get car out of impound unless other party owns up)

 

as per above post have contacted other party and said that unless resolved we reserve the right to take it to court

[phaitun]

report it to the police asap it's driving without due care and attention 6 months from date of offense to lay information to the court. Evidence will be the witness statements, the police will check the telephone records of the other driver, the exact time will be crucial passing buses have CCTV.

BIL is lucky to be alive if the crash moved his vehicle as has been posted.

 

Inexcusable on the part of the other driver

[rebel11]

You need to be pro-active, as Bank says the insurance company will not lose out, so for them it's a 'win, win situation'.

Remind the insurer that the FOS can look into such matters if they mess up.

[labrat]

 

thats roughly before the accident sorry about the arrow blame paint (turning right)

 

 

roughly after the accident

(looking at it not quite 100 yards sorry i can only go off what i was told at the time)

 

 

sorry about quality

 

 

 

thats facing the opposite way further up the road

 

ok btw i lied about the portsmouth incase she reads these it was sheffield

 

and just so you know the chap (and his 3 year old son) is fine just a little whiplash and enough bad brusing that they xrayed for broken bones

 

got an email off the police and crime commisioner for south yorkshire even if there is no photo they will be able to tell me if the camera was triggered apparently

[labrat]

Good news!!

 

insurance company contacted B-I-L today

 

they have agreed that they will push 100% liability, they have given the other woman a date to accept this otherwise they will take it to court

[labrat]

stil ldragging on

 

insurances are umming and ahhing now

as she not only denied liability but is now claiming its 100% B in laws fault

 

quick question how unusual is it for car checkers to be unable to find a number plate, ive tried her numberplate in 5 including the dvla vehice checker with no results

[unclebulgaria67]

Think it will end up in court.

 

Re number plate. They normally come up, unless it is a private number and is not recognised.

[Trojan1401]

This is an interesting case (I work in the business) and from the evidence stated here, it does appear that the Third Party is at fault and she is trying to dig herself out of a big hole. I will be interested to see how this pans out. Please keep us informed.

 

 

You BiL suffered minor injury, has he claimed for this? If so then the TP Insurer is obliged to acknowledge within 21 days whether they intend to contest. There is a framework used by insurers for injury claims via the MoJ which has strict timescales which the insurers must adhere to. If he hasn't done so, it may be worth persuing this angle too. Speak to a reputable solicitor specialising in this field and not an ambulance chaser.

[labrat]

the injury part is being chased by the insurance now

 

the other side has promised a witness statement but is yet to provide this

[labrat]

still on going

 

keep saying his witness statement "isnt concrete" (despite the witness stating that their light was changing to green (they were in the road he was turning into) and them saying they fully beleave she came through on red)

 

keep saying the otherside has a witness despite this witness never producing a statement

 

other sides insurer is gibralter based...

 

after a quick email to ceo tho it seems to be moving on a little

[labrat]

Still dragging on

 

managed to get hold of all the correspondence between the two insurers and it seems that theres a minimum of 3 weeks and sometimes upto a months between emails back and forth

 

As of yet they have

 

Declared that martins witness is invalid as they are friends on facebook - despite us providing proof that they only became friends after the accident

obviously payed out on their part to mrs taylor - after requesting pictures of damage all martins insurance received was photos from an auction site the car had been sold at

 

Now the other parties insurer (first central) dont seem to be responding at all

 

at the moment im annoyed enough ive asked the insurance company if i can take it to small claims, listing mrs taylor as defendant (i know it will be passed onto her insurer but it MIGHT just push them into action if they have her screaming down the phone)