# Guys I need your help.



## AdnanKhan (Aug 16, 2012)

Mods I hope this is the right place to post this. 

A little while ago some twit smashed into the back of my A4 as I was stationary but on an angle to turn right onto a junction (small residential street). I was 3 quarters in the road I was about to turn off from and my front end just off. The reason I was stationary is because a car in front was parallel parking. A van came up behind me at about 30 to 35mph and smashed into the back. I jumped out the vehicle he apologised (accepted liability?) and said he didn't see me despite most of my vehicle being smack in the middle of the road. He said he is a contractor who works on windows and was thinking about one of the jobs in the area..... Poor excuse I know and worrying considering there is a park at the end of the road. 

Anyway we exchanged details and I spoke to my insurer to report the incident who took care of repairs to my car and pay for my courtesy car. This was done on assumption that the third party was at fault entirely. 

Now a good few months have passed and today I receive a call at work telling me the third party is making a counter claim alleging that I was reversing (total bs). I have provided photographic evidence and there were witnesses but unfortunately they buggered off before I could approach them. 

This is the first time I am dealing with a claim and so do not know how to handle it. My insurer told me I could opt for a compromise which is a 50/50 the third party and I pay half each or take to court...... 

A colleague at work told me I'd be stupid not to fight it and that I should be prepared to go to court rather than compromise and risk a stupid increase in insurance as well as excess. 

I was thinking the same since I have photos and diagrams to clearly illustrate what happened although as their are no witnesses it is my word against his. 

Any ideas? 

Much appreciated guys. 

sent from my Samsung GT-I9100 via tapacrap


----------



## Shiny (Apr 23, 2007)

If the Insurers are prepared to take this to court on your behalf, I would ask that they go down this route.

Tell them you are not at all happy with split liability and that it is not fair that the other person can start lying about the circumstances and then suddenly you are to blame!

Arguably, i as i see it the van will be in the wrong even if you were reversing. If you were reversing into a parking spot and the van ploughed into the back of you at 30 mph, he would be negligent. But that isn't the point really, the point is that he is lying which has affected the course of the claim.

Let it go before the court and let the court decide. With the threat of court, the third party may well drop their case anyway, as often happens.


----------



## AdnanKhan (Aug 16, 2012)

Shiny said:


> If the Insurers are prepared to take this to court on your behalf, I would ask that they go down this route.
> 
> Tell them you are not at all happy with split liability and that it is not fair that the other person can start lying about the circumstances and then suddenly you are to blame!
> 
> ...


Many thanks.

I have spoken to my insurer and told them that I am totally prepared to take it to court. Just when I thought it was all over the third party now decides he wasn't at fault. Took him this long to realise........ I suspects he somehow wants a new van as his vehicle was a write off.


----------



## WopaDoBop (Nov 9, 2009)

Similar happened to my misses, other driver accepted full liability at the scene and later changed his mind. Luckily we did have an eye witness who backed her up.

Doesn't help now, but take it as a lesson, always get eye witness contact details and ideally get the acceptance of liability in writing.


----------

