# What proof do you need for a successful court claim if insurers can't settle a claim?



## mattyb95 (Apr 21, 2008)

We've got a case at work where last November a 3rd party alleged that one of our staff hit them at a roundabout. The actual story goes that our driver was pulling out when the 3rd party shot out from their right and luckily our driver stopped in time and never made contact. Both parties drove off as no accident had occured.

The 3rd party has damage to the front left of their car where our driver WOULD have hit them but didn't so it was caused some other way. This went quiet after our refute of liability last year but now the 3rd party's solicitors are looking to take this to court and claim for personal injury because we are not accepting liability and pressuring us to settle. I personally think its someone trying to pull a fast one and hope we back down.

If it does go to court and all the 3rd party has is damage to their car and our number plate, is that enough for a successful claim? Also, if they believe there has been an accident and no details were exchanged and they then have not reported it to the police as they should have done under the highway code, would this undermine their case too?

Although we didn't take photos at the time, is there anything we can do now to prove no damage to our vehicle and thus it was not involved, paint thickness on the bumper sprung to mind to prove no re-spray but I guess you could change the bumper completely? Its all a big head ache really as there is no legitimate claim here!


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## Tricky Red (Mar 3, 2007)

I would imagine it would get thrown out. Legally, if damage occurs, details have to be exchanged. As no-one exchanged details, I would imagine that a court would make the assumption that there was no damage and hence no case to bring.

In any case, what are they asking you to settle on if there is no personal injury?


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## mattyb95 (Apr 21, 2008)

Tricky Red said:


> I would imagine it would get thrown out. Legally, if damage occurs, details have to be exchanged. As no-one exchanged details, I would imagine that a court would make the assumption that there was no damage and hence no case to bring.


They are alleging our driver just drove off and that they had to hurridly record the reg and car details but I thought if that was the case, we would have heard about it from the police before now too as a hit and run!


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## millns84 (Jul 5, 2009)

You'd be surprised how often insurance companies will pay out becuase of litigation risk. I had a case where a car was written off by someone who pulled out in to the side of it. The injured party described this car as being small and white and took the reg down as it drove away.

Anyway, the police go round to the registered keeper of the vehicle and find that although the reg is correct, it's dark blue and has no damage AFTER WRITING OFF ANOTHER CAR and the owner had not been in that area on the day and obviously had no knowledge of the accident. 

Anyway, the insurance company made a token offer of £1,000.00 to the injuried party and hey presto accepted plus about £5,000.00 of solicitor's costs... Apparently it was the easier, cheaper option rather than defending the claim!


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## Shiny (Apr 23, 2007)

Difficult to say on this, if it goes to court, then i guess it all depends on the evidence submitted by the third party and what the judge decides to do. 

We've had a chat here about this and are pretty much of the opinion that with the lack of evidence, lack of witnesses and the fact that the TP never reported it to the police, it will be difficult for the TP to put a very good case together.

I take it this just a personal injury claim now and the damage claim has all been closed off with your Insurers repudiating and not making any payments, or are they still trying to claim for the damage as well?


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## rob750 (Apr 17, 2006)

I would go straight to the police report the solicitors for attempting to bribe you, The inference that there will only be personnal injury if it goes to court is bribery. If they recorded the reg how did they get your details ?


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## mattyb95 (Apr 21, 2008)

It's a company car on a company insurance so the vehicle was on the MID so the 3rd party insurer's approached our insurers who contacted us about the incident. No specific driver details just that we own and insure the vehicle.

The property side is also outstanding as we have refuted all liability so they are looking to go to trial for that and personal injury. Just lucky it is a company policy and that we write a lot of other insurance with them so have the clout to say you're going to fight it and not settle.


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