Insurance Problem- Please read, im at the end of my tether!
#1
Insurance Problem- Please read, im at the end of my tether!
Hello guys, im hoping someone can help me with this because im at my wits end with it all.
In August someone rear-ended me at a fair speed on a main road. Unquestionably his fault no doubt at all. He admitted liability at the time and we exchanged numbers and whatever, got his plate ,etc etc. He initially seemed keen to settle it in cash but i insisted on going through insurance as my car was clearly a write-of but in the end he seemed to agree with this.
Passed it into my insurance company who are dealing with his who have been extremely uncooperative. Cant get hold of them, failing to contact him to discuss the claim etc. Now when they have finally contacted him (for a while they even refused to accept he was insured with them!) he was just giving them a load of sh*t trying to drag it out.
NOW it turns out he has changed his story altogether and says I hit HIM! Yeh, of course i was reversing up a main road at 20mph! (If you looked at the state of my car you will honestly laugh out loud at this). Now what makes this even worse is that he claims he has a witness who was with him in the van at the time. Yet more sh*t. There was no-one there with him and hes trying to claim off me. The sneaky lying bas*ard.
Now the problem now lies in two areas.
1. We all know hes lying (including my insurance company). How do my prove this? And..
2. I have a genuine personal injury claim going in as well due to injuries sustained. How will this affect it?
What should i do/ get my insurance to do?
This is a problem i just dont need.
*Mods please can this be left in NSR for a bit more exposure and more viewing?, Thanks..*
In August someone rear-ended me at a fair speed on a main road. Unquestionably his fault no doubt at all. He admitted liability at the time and we exchanged numbers and whatever, got his plate ,etc etc. He initially seemed keen to settle it in cash but i insisted on going through insurance as my car was clearly a write-of but in the end he seemed to agree with this.
Passed it into my insurance company who are dealing with his who have been extremely uncooperative. Cant get hold of them, failing to contact him to discuss the claim etc. Now when they have finally contacted him (for a while they even refused to accept he was insured with them!) he was just giving them a load of sh*t trying to drag it out.
NOW it turns out he has changed his story altogether and says I hit HIM! Yeh, of course i was reversing up a main road at 20mph! (If you looked at the state of my car you will honestly laugh out loud at this). Now what makes this even worse is that he claims he has a witness who was with him in the van at the time. Yet more sh*t. There was no-one there with him and hes trying to claim off me. The sneaky lying bas*ard.
Now the problem now lies in two areas.
1. We all know hes lying (including my insurance company). How do my prove this? And..
2. I have a genuine personal injury claim going in as well due to injuries sustained. How will this affect it?
What should i do/ get my insurance to do?
This is a problem i just dont need.
*Mods please can this be left in NSR for a bit more exposure and more viewing?, Thanks..*
#3
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A witness in the van with him is a biased witness and will be ignored for the purpose of the claim.
I thought that being rear-ended was automatically not your fault too.
Hope you get it sorted soon.
I don't think you need to do nything else - you've done all you can, this is why you pay so much to the insurance company although its a bit crap if you are coming up to renew your insurance and you have this pending.
I thought that being rear-ended was automatically not your fault too.
Hope you get it sorted soon.
I don't think you need to do nything else - you've done all you can, this is why you pay so much to the insurance company although its a bit crap if you are coming up to renew your insurance and you have this pending.
#4
It'll probably go to court in all honesty. Having been at a court hearing with my mate for an accident he was involved in, they'd better be very good liars because the court will pick apart their story very quickly if they're not.
"you say Mr Smith was reversing"
"yes"
"was his reversing light on?"
"er, yes"
"and yet you still failed to realise he was reversing and ploughed into him?"
"er..."
"you say Mr Smith was reversing"
"yes"
"was his reversing light on?"
"er, yes"
"and yet you still failed to realise he was reversing and ploughed into him?"
"er..."
#5
I've been involved in a similar claim where the other party claims I undertook him, swerved into his lane and then slammed on the brakes.
If he continues it will go to magistrates court, make sure you get all the facts and any relevant information to make a strong case for yourself and to take apart the other guy's story. Don't depend on the lawyers to do this for you.
If he continues it will go to magistrates court, make sure you get all the facts and any relevant information to make a strong case for yourself and to take apart the other guy's story. Don't depend on the lawyers to do this for you.
#6
I hope you are not insured with admiral....
http://bbs.scoobynet.co.uk/showthrea...hlight=admiral
Basically, now I would get the police involved, make an allegation of dangerous driving against the third party, start causing him some hassle.
If your insurance company are acting like mine had above, then start small claims proceedures yourself mate.
Dont let this take up 2 years of your life like me lol
http://bbs.scoobynet.co.uk/showthrea...hlight=admiral
Basically, now I would get the police involved, make an allegation of dangerous driving against the third party, start causing him some hassle.
If your insurance company are acting like mine had above, then start small claims proceedures yourself mate.
Dont let this take up 2 years of your life like me lol
#7
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I had a similar scenario years back. In the end the insurance companies collectively realised the obvious - i.e. that his story was plainly ridiculous and mine was plainly correct, and I got paid out. I had no witnesses. I very much doubt it will go to court as the insuranxce co.s don't want to incur the costs. mine took 18 months to get straightened out, so sit tight and you should be ok.
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#8
It wasnt a woman from a wee village in the north-east of scotland called Marykirk was it?
She changed lanes and went into the side of my car. At the scene was very apologetic, said she would tell the insurance company to speed the claim through etc.
When the claim finaly went, she had changed her story, reckoned I drove into her. The damage was to the side of my car, and the front of hers - but insurance company didnt seem to care. She had concocted a false witness statement saying I was driving like a nutter and we were all lucky i hadnt killed everyone.
By this time I had already paid for a hire-car, had my car repaired, paid my excess etc.
After several months, the claim was finally settled in her favour. A full year of me constantly badgering the insurance companies eventually got them to relent and they re-settled it 75% may fault, 25% hers. I got back 25% of what I had spent se ended up severely out of pocket.
The attitude of my insurance company (Direct Line) was shocking, they just werent interested in fighting my case, even though thats what I pay them to do!
Looking back now, I should have stooped to her level and got 5 of my friends to provide false statements saying what really happened.
She changed lanes and went into the side of my car. At the scene was very apologetic, said she would tell the insurance company to speed the claim through etc.
When the claim finaly went, she had changed her story, reckoned I drove into her. The damage was to the side of my car, and the front of hers - but insurance company didnt seem to care. She had concocted a false witness statement saying I was driving like a nutter and we were all lucky i hadnt killed everyone.
By this time I had already paid for a hire-car, had my car repaired, paid my excess etc.
After several months, the claim was finally settled in her favour. A full year of me constantly badgering the insurance companies eventually got them to relent and they re-settled it 75% may fault, 25% hers. I got back 25% of what I had spent se ended up severely out of pocket.
The attitude of my insurance company (Direct Line) was shocking, they just werent interested in fighting my case, even though thats what I pay them to do!
Looking back now, I should have stooped to her level and got 5 of my friends to provide false statements saying what really happened.
#10
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Some lady rear ended my father in a car park a few years back. She only bumped the car and eventhough it was her fault and no damage had been done she insisted on exchanging details. A week later my father gets a letter from her broker holding him responsible for the accident!
#11
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Were your rear lights smashed in the accident? If one or other of the reversing bulbs has been smashed, check the filament. Broken glass and a cleanly broken or unbroken filament will show that your reversing lights were not on when the glass was broken.
Broken bulb glass and a white powdery /completely burnt filament would show that your reversing lights were on at the time the glass was broken.
Although it may be too late to look at such evidence depending on where the car was stored.
Broken bulb glass and a white powdery /completely burnt filament would show that your reversing lights were on at the time the glass was broken.
Although it may be too late to look at such evidence depending on where the car was stored.
#12
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Originally Posted by scoob_babe
A witness in the van with him is a biased witness and will be ignored for the purpose of the claim.
Last edited by Ubik; 01 December 2004 at 12:11 AM. Reason: doh, mixed posts up
#13
you probably don't need to do anything now as you ins co should instruct you, but if you ever have another accident, ask the other person to write in their own handwriting exactly what happened or you will have to call the police because you think they they might have been driving dangerously and you feel duty bound to report such an incident. The statement wont stand up in court, but it will pass the insurance ocmpany cost cutting excersize every time
#14
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Its all real sad, my Daughter had some one change their story, but one thing we can all do is go buy a one shot camera and keep it in the car. Take pictures in the event of an accident, their cheap and will last a few years. Worth doing...............
#15
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Originally Posted by David_Dickson
It wasnt a woman from a wee village in the north-east of scotland called Marykirk was it?
She changed lanes and went into the side of my car. At the scene was very apologetic, said she would tell the insurance company to speed the claim through etc.
When the claim finaly went, she had changed her story, reckoned I drove into her. The damage was to the side of my car, and the front of hers - but insurance company didnt seem to care. She had concocted a false witness statement saying I was driving like a nutter and we were all lucky i hadnt killed everyone.
By this time I had already paid for a hire-car, had my car repaired, paid my excess etc.
After several months, the claim was finally settled in her favour. A full year of me constantly badgering the insurance companies eventually got them to relent and they re-settled it 75% may fault, 25% hers. I got back 25% of what I had spent se ended up severely out of pocket.
The attitude of my insurance company (Direct Line) was shocking, they just werent interested in fighting my case, even though thats what I pay them to do!
Looking back now, I should have stooped to her level and got 5 of my friends to provide false statements saying what really happened.
She changed lanes and went into the side of my car. At the scene was very apologetic, said she would tell the insurance company to speed the claim through etc.
When the claim finaly went, she had changed her story, reckoned I drove into her. The damage was to the side of my car, and the front of hers - but insurance company didnt seem to care. She had concocted a false witness statement saying I was driving like a nutter and we were all lucky i hadnt killed everyone.
By this time I had already paid for a hire-car, had my car repaired, paid my excess etc.
After several months, the claim was finally settled in her favour. A full year of me constantly badgering the insurance companies eventually got them to relent and they re-settled it 75% may fault, 25% hers. I got back 25% of what I had spent se ended up severely out of pocket.
The attitude of my insurance company (Direct Line) was shocking, they just werent interested in fighting my case, even though thats what I pay them to do!
Looking back now, I should have stooped to her level and got 5 of my friends to provide false statements saying what really happened.
DO NOT USE DIRECT LINE They arent interestred at all in helping you or looking after their customers interests.
#16
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I would advise your insurance company & his that you are happy to deal with this through the small claims court if it isnt resolved in the near future.
Basically show them that you'll do whatever is required to prove this wasnt your fault. (9 times out of 10 it wont even get that far )
Chris
Basically show them that you'll do whatever is required to prove this wasnt your fault. (9 times out of 10 it wont even get that far )
Chris
#17
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lesson i learned the hard way a good few years back.................most people will lie/cheat/etc. to get out of an insurance claim and amazingly quite often "find2 independant witness's later..............
only way you can be half happy its going your way is to report the accident immediately to the Police, request an Ambulance for your obvious injuries and got to hospital...............this means the Police are required to investigate as an "injury2 accident and reduces greatly the risk of lying "sh**heads" getting off with it!!!
the injury bit is the key as even though the police attend if they deem it to be "names/addresses exchanged" only they will not keep a record of it.............i needed to instruct a solicitor to get a statement of an attending traffic police who obviously had far better things on his mind when attending a fairly serious m/cycle accident that (stupidly) i didn't attend hospital from the scene - less than 3hrs later i was taken to hospital for injuries i still suffer from (10yrs+ later) by family...........................
tossers......................
alyn - asperformance.com
only way you can be half happy its going your way is to report the accident immediately to the Police, request an Ambulance for your obvious injuries and got to hospital...............this means the Police are required to investigate as an "injury2 accident and reduces greatly the risk of lying "sh**heads" getting off with it!!!
the injury bit is the key as even though the police attend if they deem it to be "names/addresses exchanged" only they will not keep a record of it.............i needed to instruct a solicitor to get a statement of an attending traffic police who obviously had far better things on his mind when attending a fairly serious m/cycle accident that (stupidly) i didn't attend hospital from the scene - less than 3hrs later i was taken to hospital for injuries i still suffer from (10yrs+ later) by family...........................
tossers......................
alyn - asperformance.com
#18
Woman crashed in to me - had first court date last week
It will go to court if they are obstinate enough - the insurance company won't pay out if she/he says not to.
They tried to claim costs of over £600 per day I'm only claiming £500!!!
I am shocked and astounded at the pure waste of space and time that is Zenith insurance. This is why your premium goes up yearly - they spend £600 a day defending a £500 claim!
Damian
It will go to court if they are obstinate enough - the insurance company won't pay out if she/he says not to.
They tried to claim costs of over £600 per day I'm only claiming £500!!!
I am shocked and astounded at the pure waste of space and time that is Zenith insurance. This is why your premium goes up yearly - they spend £600 a day defending a £500 claim!
Damian
#19
insurance problem
A mate of mine had the same problem, He placed an add in the local paper looking for a witness to his accident and then got someone he knew to come forward and say that he had seen the whole thing. Worked for him!
#20
Originally Posted by wrxsmo
I would advise your insurance company & his that you are happy to deal with this through the small claims court if it isnt resolved in the near future.
Basically show them that you'll do whatever is required to prove this wasnt your fault. (9 times out of 10 it wont even get that far )
Chris
Basically show them that you'll do whatever is required to prove this wasnt your fault. (9 times out of 10 it wont even get that far )
Chris
To be honest there are a lot of other good (if not a little sneaky ) suggestions in this thread that i may or may not consider here and im very grateful for all of your replies.
Thanks again for the advice.
I'll let you know how it turns out.
#21
Scooby Regular
Just a quick sugestion, see if there were any shops/garages with cams, traffic monitoring cams may be another possibility if there is any around where it happend.
A mate of mine had a accident, again someone went into the back right hand side (they tried to swerve out the way) and wrote my mates 3 month old saxo off. He only had it back from the body shop 2 weeks after having wide arch kit, front and rear bumper and smoothed tail gate (no saxo jokes please lol).
At the scene the woman said it was her fault and they exchanged details and you'd think all trouble over excepting sorting out pay out.
So he thought nothing more of it other than being very p'd off. He and another of my mates who was in the pasenger seats had no injuries etc and didn't even try anything like suffering wiplash to try to get extra money.
Two weeks later he gets a letter through saying she's changed her story and is now blaming him for cutting her up and its his fault. No probs he has a witnes, no good, mate therefore can not be used as a witness. So its his word against her.
The insurance firm (local small family brokers) take up the fight for him, the arguments continue for about 5 months and finally they decide to go to court. Day of the hearing arrives and my mate turns up with his inusrance broker and brokers lawyer. The statements are read out and she says this happened that happened, mate takes the stand he says the truth.
Open and shut case, his word against hers, wrong, the lawyer knew the stretch of road and the junction that the accident happened and also knew there were traffic monitoring cams about about 100 foot down from the junction in each direction, and he's got the tape. Shows exactly what happened.
My mate stopped at the junction for a good 30-40 seconds waiting to turn then from cam facing the otherway at the junction, its possible to see her aproaching, way to fast and to top it all off on the phone, and smash into the back of him.
Needless to say after that the judge rulled in his favour and he got a full payout for new car + cost of body work + expenses + emotional trauma. He ended up walking away with £15000 to buy a new car and get it up to the same standard + expenses which i thin (cant remember of the top of my head) for £3500ish.
she walked away with crimal charges for (get ready for a long list)
Driving without due car and atention (for using phone)
Dangerous Driving (going to fast but couldn't prove speed and for using phone)
Falsifying a statement of law (or called something like that for lying in court)
Failure to report an accident to the police
and about two or three other charges, all in all she got a years ban, £600 fine 6 months suspended sentance, plus a criminal record. And to top it all off she lost her job cos she couldn't drive.
Although you can't add up all of that lets say £600 fine, Extra £400 a year for three years for insurance cos of the ban (400x3=1200). so lets say £1800 and job.
So not all doom and gloom, stick with it and see if you can get film of the accident it can make all the difference.
A mate of mine had a accident, again someone went into the back right hand side (they tried to swerve out the way) and wrote my mates 3 month old saxo off. He only had it back from the body shop 2 weeks after having wide arch kit, front and rear bumper and smoothed tail gate (no saxo jokes please lol).
At the scene the woman said it was her fault and they exchanged details and you'd think all trouble over excepting sorting out pay out.
So he thought nothing more of it other than being very p'd off. He and another of my mates who was in the pasenger seats had no injuries etc and didn't even try anything like suffering wiplash to try to get extra money.
Two weeks later he gets a letter through saying she's changed her story and is now blaming him for cutting her up and its his fault. No probs he has a witnes, no good, mate therefore can not be used as a witness. So its his word against her.
The insurance firm (local small family brokers) take up the fight for him, the arguments continue for about 5 months and finally they decide to go to court. Day of the hearing arrives and my mate turns up with his inusrance broker and brokers lawyer. The statements are read out and she says this happened that happened, mate takes the stand he says the truth.
Open and shut case, his word against hers, wrong, the lawyer knew the stretch of road and the junction that the accident happened and also knew there were traffic monitoring cams about about 100 foot down from the junction in each direction, and he's got the tape. Shows exactly what happened.
My mate stopped at the junction for a good 30-40 seconds waiting to turn then from cam facing the otherway at the junction, its possible to see her aproaching, way to fast and to top it all off on the phone, and smash into the back of him.
Needless to say after that the judge rulled in his favour and he got a full payout for new car + cost of body work + expenses + emotional trauma. He ended up walking away with £15000 to buy a new car and get it up to the same standard + expenses which i thin (cant remember of the top of my head) for £3500ish.
she walked away with crimal charges for (get ready for a long list)
Driving without due car and atention (for using phone)
Dangerous Driving (going to fast but couldn't prove speed and for using phone)
Falsifying a statement of law (or called something like that for lying in court)
Failure to report an accident to the police
and about two or three other charges, all in all she got a years ban, £600 fine 6 months suspended sentance, plus a criminal record. And to top it all off she lost her job cos she couldn't drive.
Although you can't add up all of that lets say £600 fine, Extra £400 a year for three years for insurance cos of the ban (400x3=1200). so lets say £1800 and job.
So not all doom and gloom, stick with it and see if you can get film of the accident it can make all the difference.
#22
Originally Posted by Tidgy
Just a quick sugestion, see if there were any shops/garages with cams, traffic monitoring cams may be another possibility if there is any around where it happend.
A mate of mine had a accident, again someone went into the back right hand side (they tried to swerve out the way) and wrote my mates 3 month old saxo off. He only had it back from the body shop 2 weeks after having wide arch kit, front and rear bumper and smoothed tail gate (no saxo jokes please lol).
At the scene the woman said it was her fault and they exchanged details and you'd think all trouble over excepting sorting out pay out.
So he thought nothing more of it other than being very p'd off. He and another of my mates who was in the pasenger seats had no injuries etc and didn't even try anything like suffering wiplash to try to get extra money.
Two weeks later he gets a letter through saying she's changed her story and is now blaming him for cutting her up and its his fault. No probs he has a witnes, no good, mate therefore can not be used as a witness. So its his word against her.
The insurance firm (local small family brokers) take up the fight for him, the arguments continue for about 5 months and finally they decide to go to court. Day of the hearing arrives and my mate turns up with his inusrance broker and brokers lawyer. The statements are read out and she says this happened that happened, mate takes the stand he says the truth.
Open and shut case, his word against hers, wrong, the lawyer knew the stretch of road and the junction that the accident happened and also knew there were traffic monitoring cams about about 100 foot down from the junction in each direction, and he's got the tape. Shows exactly what happened.
My mate stopped at the junction for a good 30-40 seconds waiting to turn then from cam facing the otherway at the junction, its possible to see her aproaching, way to fast and to top it all off on the phone, and smash into the back of him.
Needless to say after that the judge rulled in his favour and he got a full payout for new car + cost of body work + expenses + emotional trauma. He ended up walking away with £15000 to buy a new car and get it up to the same standard + expenses which i thin (cant remember of the top of my head) for £3500ish.
she walked away with crimal charges for (get ready for a long list)
Driving without due car and atention (for using phone)
Dangerous Driving (going to fast but couldn't prove speed and for using phone)
Falsifying a statement of law (or called something like that for lying in court)
Failure to report an accident to the police
and about two or three other charges, all in all she got a years ban, £600 fine 6 months suspended sentance, plus a criminal record. And to top it all off she lost her job cos she couldn't drive.
Although you can't add up all of that lets say £600 fine, Extra £400 a year for three years for insurance cos of the ban (400x3=1200). so lets say £1800 and job.
So not all doom and gloom, stick with it and see if you can get film of the accident it can make all the difference.
A mate of mine had a accident, again someone went into the back right hand side (they tried to swerve out the way) and wrote my mates 3 month old saxo off. He only had it back from the body shop 2 weeks after having wide arch kit, front and rear bumper and smoothed tail gate (no saxo jokes please lol).
At the scene the woman said it was her fault and they exchanged details and you'd think all trouble over excepting sorting out pay out.
So he thought nothing more of it other than being very p'd off. He and another of my mates who was in the pasenger seats had no injuries etc and didn't even try anything like suffering wiplash to try to get extra money.
Two weeks later he gets a letter through saying she's changed her story and is now blaming him for cutting her up and its his fault. No probs he has a witnes, no good, mate therefore can not be used as a witness. So its his word against her.
The insurance firm (local small family brokers) take up the fight for him, the arguments continue for about 5 months and finally they decide to go to court. Day of the hearing arrives and my mate turns up with his inusrance broker and brokers lawyer. The statements are read out and she says this happened that happened, mate takes the stand he says the truth.
Open and shut case, his word against hers, wrong, the lawyer knew the stretch of road and the junction that the accident happened and also knew there were traffic monitoring cams about about 100 foot down from the junction in each direction, and he's got the tape. Shows exactly what happened.
My mate stopped at the junction for a good 30-40 seconds waiting to turn then from cam facing the otherway at the junction, its possible to see her aproaching, way to fast and to top it all off on the phone, and smash into the back of him.
Needless to say after that the judge rulled in his favour and he got a full payout for new car + cost of body work + expenses + emotional trauma. He ended up walking away with £15000 to buy a new car and get it up to the same standard + expenses which i thin (cant remember of the top of my head) for £3500ish.
she walked away with crimal charges for (get ready for a long list)
Driving without due car and atention (for using phone)
Dangerous Driving (going to fast but couldn't prove speed and for using phone)
Falsifying a statement of law (or called something like that for lying in court)
Failure to report an accident to the police
and about two or three other charges, all in all she got a years ban, £600 fine 6 months suspended sentance, plus a criminal record. And to top it all off she lost her job cos she couldn't drive.
Although you can't add up all of that lets say £600 fine, Extra £400 a year for three years for insurance cos of the ban (400x3=1200). so lets say £1800 and job.
So not all doom and gloom, stick with it and see if you can get film of the accident it can make all the difference.
Ha ha ha ha stupid cow, I would have loved to have been there and rubbed her nose in it a bit (ok a lot) outside the court house with a few choice words.
#24
Well, due an update.
Situation gets worse.
D*ckhead has now came back with (get this!) 3 (obviously falseified) witness statements and my insurance company is now doing next to nothing. Whenever you ring up its 'Oh yes, well tomorrow we will have received the letter and blah.. blah ..blah'. To sum up, nothing happeneing. Me? Annoyed. Very annoyed.
Can you believe this? What to do now?
Im sick of messing around and im pi**ed off beyond belief with the whole situation.
What should i do?
Situation gets worse.
D*ckhead has now came back with (get this!) 3 (obviously falseified) witness statements and my insurance company is now doing next to nothing. Whenever you ring up its 'Oh yes, well tomorrow we will have received the letter and blah.. blah ..blah'. To sum up, nothing happeneing. Me? Annoyed. Very annoyed.
Can you believe this? What to do now?
Im sick of messing around and im pi**ed off beyond belief with the whole situation.
What should i do?
#25
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If it helps i have seen this from the other side so to speak.
I was reversed into by someone, i could not go backwards out of the way as it would have mean t backing into a busy road blind(buildings either side of me)
I hit the horn but he just kept cummin' - crunch
He admitted it was his fault, later he changed his mind and stated i hit him - needless to say, the claim went against me. The damage was to the back of his car and the front of mine. End of story in my case.
I was reversed into by someone, i could not go backwards out of the way as it would have mean t backing into a busy road blind(buildings either side of me)
I hit the horn but he just kept cummin' - crunch
He admitted it was his fault, later he changed his mind and stated i hit him - needless to say, the claim went against me. The damage was to the back of his car and the front of mine. End of story in my case.
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