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Tue 26 Mar 2013 18:19

RTA and lying 3rd party - wires13

Hi, I was involved in an accident where a van pulled out of a side street causing me to collide with him. A copper arrived within seconds although didnt see full incident but 3rd party said his piece and the copper agreed that it was likely his fault. I have had my car repaired, hire car provided and 9 sessions of physio attended since the accident 3 months ago. It now transpires the 3rd party is disputing the claim saying i overtook a vehicle who was letting him out of a side road causing me to hit him, obviously a pack of lies and the insurance now saying they have an independent witness. There wasnt one at the scene which the copper can confirm.

Does anyone have any idea on whether the 3rd party have to agree to physio through accepting of liability and or of hire cars too ??

Also can a witness miraculously appear after 3 months and have a respected opinion if it goes to court ??

Any help would be great as i am gutted someone would lie like this :(

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Tue 26 Mar 2013 22:32

RTA and lying 3rd party - FP

My sympathies. Unfortunately I can't comment on the likelihood of this johnny-come-lately witness being believed, but the presence of the police soon after the collision must help your case.

"...i am gutted someone would lie like this :("

All I can say is, welcome to the real world.

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Tue 26 Mar 2013 23:19

RTA and lying 3rd party - Bromptonaut

Two thoughts:

(a) Is the new 'witness' prepared to perjure himself in court

(b) Even if you were overtaking a a vehicle who'd signalled you out it's still the responsibility of a party emerging from a side road to keep a look out.

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Wed 27 Mar 2013 17:41

RTA and lying 3rd party - cockle {P}

Two thoughts:

(a) Is the new 'witness' prepared to perjure himself in court

(b) Even if you were overtaking a a vehicle who'd signalled you out it's still the responsibility of a party emerging from a side road to keep a look out.

Can vouch for that.

About ten years ago I was in exactly that position; I was waiting to turn right out of a side road through some queueing traffic on the main road, 'kind' bus driver left a gap and waved me out, straight into the path of a car overtaking the queueing traffic to turn right a little further up the road. I argued the case that I'd been waved out and had no reason to think my path wasn't clear however insurance company stated that it was firmly my sole responsibility to ensure that my path was clear regardless of the assurances of any other road user and therefore I was held to be 100% to blame. Apart from one very minor bumper to bumper the only blot on my record in 38 years :-(

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Wed 27 Mar 2013 22:03

RTA and lying 3rd party - Bromptonaut

About ten years ago I was in exactly that position; I was waiting to turn right out of a side road through some queueing traffic on the main road, 'kind' bus driver left a gap and waved me out, straight into the path of a car overtaking the queueing traffic to turn right a little further up the road. I argued the case that I'd been waved out and had no reason to think my path wasn't clear however insurance company stated that it was firmly my sole responsibility to ensure that my path was clear regardless of the assurances of any other road user and therefore I was held to be 100% to blame. Apart from one very minor bumper to bumper the only blot on my record in 38 years :-(

Had a similar near miss riding my epnymous folding bike in London

Waiting to turn right into a side road a bus driver flashed me to cross ahead. After a second or two he sort of shrugged and nadde furstrated signs as to why I'd not taken up his offer.

Fortunately I'd seen the motoryclist overtaking him.

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Wed 27 Mar 2013 09:21

RTA and lying 3rd party - tony g

Hi ,my mother in law was involved in a similar incident about a year ago .

We waited patiently for the two insurance companies to sort it out for about six months .
Finally we said that unless the third party admitted liability ,we would take them , not their insurance company ,to the small claims court to recover the cost of the repairs .

Our insurance company had paid for the repairs ,but it would have affected my mother in laws no claims discount . Surprise surprise .One week later the other parties insurer paid all our costs .

It's perhaps not widely known, that your not obliged to deal with your own insurance company or a third parties insurance company .Simply sue the individual who caused the damage to you and your vehicle .

For us , just the threat of court action resolved the problem .People won't tell the same lies to a judge that they will to their own insurance company .If it gets that far the cost of a SCC action is just £300 .

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Wed 27 Mar 2013 09:29

RTA and lying 3rd party - wires13

Cheers, makes me a bit more confident. Still waiting for my Ins Co to get back to me after a telephone conversation last week where they interogated me over their claims. I will look into the small claims business if nothing happens, and i do have legal cover so im blessed there.

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Wed 27 Mar 2013 10:50

RTA and lying 3rd party - Falkirk Bairn

10 years ago my solicitor wrote to the 3rd party informing them of future court action to no effect.

Court date sent out.......2/3 days later 3rd party admitted liability after 21 months denying blame.

Court & Perjury concentrates the mind (and has effects on the sphincter muscle!)

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Wed 3 Apr 2013 20:16

RTA and lying 3rd party - wires13

Just an update incase anybody is following this thread, i have now received a letter off my solicitor asking for written permission for them to start litigation against the third party. I expressed a concern a few days ago that things were not happening and i felt threat of court action was needed due to it being 4 months since the accident.

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