This is IDENTICAL to an accident that my OH was involved in in January 2011 on my policy. He was in a left lane, the other person (Jag) was in the right hand lane. The Jag changed lanes and hit our drivers back wheel and arch with his passenger indicator/light cluster and bumper. The police did not attend - we called as the guy was very aggressive and we suspected he was driving under the influence but the Police Officer got dispatched to the wrong place (Four Pubs all with the same name on the same stretch of road across the county unfortunately!)

We did sketches, included print our on Google Street View etc etc and argued the case that the majority of our car was in front of his and he should have been able to see it - we had photos of his damage and our damage. Long Story short the Jag driver insisted he 'had been undertaken at speed by my OH driving dangerously' etc etc so I took this as 'clutching at straws' to weedle his way out and stuck to our guns. Our insurers fully supported us that they felt it was Jag man's fault and said worse case it would go 50/50 fault due to both versions of events being plausible. We declined to accept this and opted for court.

This Saturday we received a cheque for our excess (no losses due to days off taxi's etc to get the car fixed but we don't care) and I have all my no claims back etc it has taken 18 months but the difference between our case and yours is we do have legal cover so if not it would have cost an absolute fortune in fees, plus our car was only three years old.

Fighting it out for £750 was a matter of principle because Jag Man was a total aggressive pain in the a***. If we had not got legal cover and maybe if the car was older we might have just left it. The amount of letters/phone calls etc etc just isn't worth it.

P.S - as soon as possible get it in writing/recorded it was only her in the car and there are no injuries - Jag Man decided 6 months down the line he had whiplash and therefore instead of ringing the 8am-8pm customer services to sort all this crap we could only ring a certain department open 9am-5pm - just another little hurdle when I work full time too :oS

Good Luck with it whatever you decide.

Nope - not end to end - kind of like a 'side-swipe' but just caught the back corner of ours.

This is why we pursued it - the lies. On the initial report he submitted he said my OH had undertaken him at speed - and on the six month later whiplash claim he stated that he (Jag Man) 'had been over taking a cyclist and then my OH had undertaken him at speed'.

Our questions as to why his statements were inconsistant and more importantly where was the dead/injured cyclist because we didn't find one under our car - went unanswered...

It angers me that people get away with lying and creating aggro, I would have loved to see him in court explaining where the cyclist disappeared to - both in real life and in his paperwork....This guy was in his 60's, a 'professional' man and member of a Chartered Institute. I wish it had gone to court as part of his membership includes adhereing to a Code of Conduct - one of the them being 'Truthful and Morally Upstanding'. I'd have loved to have it proved in court he had lied then gleefully reported him to them... just to give back a bit of the hassle/paperwork/phone calls he caused us.

In all fairness despite the police not turning up at the 'correct' scene the officers we saw subsequently were brill and tried to do him for Common Assault and Failing to Give Details at the Scene but again it all boiled down to our word against his.

(Whilst OH waited in vain for the Police, Jag Man had called his ancient mommy and daddy down to the scene. After an hour and a half he approaches OH, says he rang the police who told him he could leave so wour only option left was to ask his elderly mother for his name address etc - the police officer found out he had not been told he could leave - he hadn't even called them, hence the failing to give details part. Common Assault part of it was he actually goading OH, jabbing in the chest and shoving him trying to get a reaction so thats another reason why OH called the police to attend)

Sorry for the life story - but we do laugh about what a total idiot this guy is - and I HATE liars.

Edited by MavisCruet on 07/08/2012 at 14:06