Car shunt claim questions

Richyboro

Richyboro

Well-known member
Was involved in a minor shunt earlier this year, car hit rear of my car at a roundabout.
Have now received notice that the defendant is denying responsibility alleging that it is a fraudulent claim and that I broke harshly etc causing the collision.
Her solicitors have now sent a 'discontinue your claim' notice or else they will seek damages etc if they win the case.

Is this normal practice now..to threaten, scare claimants etc
Has the defendant actually said this (she was not liable) or has the firm/insurance company suggested this approach.

All it has done really if make me more determined for a day in court.
 
Richyboro said:
Was involved in a minor shunt earlier this year, car hit rear of my car at a roundabout.
Have now received notice that the defendant is denying responsibility alleging that it is a fraudulent claim and that I broke harshly etc causing the collision.
Her solicitors have now sent a 'discontinue your claim' notice or else they will seek damages etc if they win the case.

Is this normal practice now..to threaten, scare claimants etc
Has the defendant actually said this (she was not liable) or has the firm/insurance company suggested this approach.

All it has done really if make me more determined for a day in court.
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Your insurance company should settle it for you.
 
They've advised that I proceed with claim. Was just curious as to whether this is common practice nowadays.
Basically they are calling me a liar.
 
They'll try anything. I had a similar one over 20 years ago and my insurance company told me they were going to settle knock-for-knock until I told them I wasn't going to accept it it would have affected my no-claims.
 
Some years ago I was driving into Hartlepool along the A689. Just before getting to Hartlepol I pulled out to overtake a car towing a trailer that didn't have any lights. Just as I'd moved into the outside lane the other car, no indicators, pulled out in front of me, there was nothing in the inside lane, hadn't a clue why he did that. He then swerved across the inside lane and into a bus stop, I was well distanced from him, I thought he was parking and started to drive past him in the outside lane putting the inside lane between us. Just as I almost got level with him he swerved 90 degrees and drove straight across both lanes to drive over the central reservation. There was no gap in the reservation, not even a foot crossing. I went into the side of him, broadside.

The first person on the scene as it happened was an off duty copper. He gave me his name as a witness. I submitted my claim. Eventually my insurance company sent me a letter telling me that the other party had claimed it was my fault, he said that the accident had taken place about 200 yards nearer the town and I'd gone into the back of him at a roundabout. He had a witness, his next door neighbour.

I contacted my witness and explained the situation. He said that he hadn't actually seen what had happened so he wouldn't get involved. I protested that he was there and saw the positions of the cars and the other bloke was at right angles to the road with his front wheels on the reservation. He just said he couldn't make any inference from that and refused to help.

My insurance company said they were going to treat it as knock for knock. I told them I wasn't happy.

I then got another letter from my insurance. They said he'd got another witness, this time on the other side of the road and a lot nearer the roundabout. It was the same name and the same address. I called my insurance company. They said they'd never seen anything like it, but they were still going to settle knock for knock, I told them again I wasn't happy, and that it was obvious fraud. They said they were going to settle and if I didn't like it I'd have to take the hit myself and go to court at my own risk.

What I found out was as long as there's nobody injured the cost of a minor car repair is far better than having the expense and hassle of a court case. It all boils down to the money.

My message after all this is that you might need to take the hit, metaphorically this time, if it's just a matter (to the insurers) of a few quid to fix your car. However it's encouraging for you that at least in your case they're telling you to proceed. I hope you have better luck than I did.
 
Cheeky buggers. Having just had a 3 year battle to get paid out on a claim (lady on the wrong side of the road hit me head on), I can attest to the fact that insurance companies will try anything to avoid paying out. If you have any strife, speak to Frank at Macks. He sorted mine and also got my daughter a life changing pay out for life changing injuries (hit by a drunk, uninsured driver). He is outstanding. He gives excellent advice too.
 
Some people just lie these days to avoid taking any responsibility. It’s not the insurance companies fault either as they are reliant on honesty and verification from witnesses.

Was involved in an accident where the driver drove away, reported to the police, police spoke to him, 6 months later my insurance said he'd denied being involved.

Luckily I had photos of the car and the driver. Sent them across, claim settled.
 
FartingGnome said:
Some years ago I was driving into Hartlepool along the A689. Just before getting to Hartlepol I pulled out to overtake a car towing a trailer that didn't have any lights. Just as I'd moved into the outside lane the other car, no indicators, pulled out in front of me, there was nothing in the inside lane, hadn't a clue why he did that. He then swerved across the inside lane and into a bus stop, I was well distanced from him, I thought he was parking and started to drive past him in the outside lane putting the inside lane between us. Just as I almost got level with him he swerved 90 degrees and drove straight across both lanes to drive over the central reservation. There was no gap in the reservation, not even a foot crossing. I went into the side of him, broadside.

The first person on the scene as it happened was an off duty copper. He gave me his name as a witness. I submitted my claim. Eventually my insurance company sent me a letter telling me that the other party had claimed it was my fault, he said that the accident had taken place about 200 yards nearer the town and I'd gone into the back of him at a roundabout. He had a witness, his next door neighbour.

I contacted my witness and explained the situation. He said that he hadn't actually seen what had happened so he wouldn't get involved. I protested that he was there and saw the positions of the cars and the other bloke was at right angles to the road with his front wheels on the reservation. He just said he couldn't make any inference from that and refused to help.

My insurance company said they were going to treat it as knock for knock. I told them I wasn't happy.

I then got another letter from my insurance. They said he'd got another witness, this time on the other side of the road and a lot nearer the roundabout. It was the same name and the same address. I called my insurance company. They said they'd never seen anything like it, but they were still going to settle knock for knock, I told them again I wasn't happy, and that it was obvious fraud. They said they were going to settle and if I didn't like it I'd have to take the hit myself and go to court at my own risk.

What I found out was as long as there's nobody injured the cost of a minor car repair is far better than having the expense and hassle of a court case. It all boils down to the money.

My message after all this is that you might need to take the hit, metaphorically this time, if it's just a matter (to the insurers) of a few quid to fix your car. However it's encouraging for you that at least in your case they're telling you to proceed. I hope you have better luck than I did.
Click to expand...

If you disagree you can take it to the ombudsman. I had a van reverse into me at a junction, he turned into it, I followed him, he then hit his breaks and started reversing and ignored my horn, said the dent must have already been there then apologised and gave me his details in his shop. I got a quote at his request at which point he accused me of trying to scam him, and said it would be no more than £50 to fix (massive dent in front of driver side)

Rang insurer who contacted him and he told them I hit him while speeding and said his employee in the office witnessed it, however you cannot know your witness apparently so insurers said it’s literally his word against mine.

I wasnt having this as I had texts off him offering to pay for damage, apologising and the fact he tried to conjure up a false witness was laughable. I went and took photos of the shop and where the accident was and showed them how it was through a solid brick wall this employee magically saw the accident, ShowEd photos of his van which was covered in dents and bangs and how the angle I was hit from would only be done by him reversing into me unless I was able to drove sideways, and threatened to take to ombudsman. Eventually they relented and covered it as a no fault claim. Even the call centre people were on record saying his story changed several times while reciting it, dodgy get.
 
Its a common fraud claim tactic used to scam personal injury claims. People brake for no reason to cause a rear shunt, generally on motorways with multiple passengers.

The person who hit you is trying to avoid responsibility by using this, however also using this excuse at a roundabout is stupid as the car that hit you should have maintained a safe distance from your car and aproached at low speeds.
 
They are just "trying it on". If a driver is so close behind you that they cannot stop when you do, they are too close and it's their fault.
 
Thanks everyone...chris/lotto that's what I thought as well....even if I did slam my brakes on (I didn't) she still shouldn't have went up my ar$e...she was coasting and hoping I made a gap in the traffic.
 
Honestly, the chances of a claim being successful is about 1 percent.

forensic engineers would have examined your car and the defendants.

Unless the other car had a dash cam and you give an hones account you will win.

fraud is a common defence as if this defence is successful then the defendant solicitor or insurance company will be able to claim hourly rate costs as oppose to fixed fees.

a lot of people get frightened by the allegation. Tell your insurance company to fight it. The person alleging the slam on will have to sign a statement of truth and must have an honest belief in it.
 
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