Insurance claim going to court

[HarryHornby]

Hi All,  hoping the Foccer font of knowledge can help.  about 3 years ago our car was hit from behind while stationery at lights.  We claimed on our insurance for the damage (just cosmetic) and then later on found out the chap who hit us is denying he hit us.  We don't have dash cam, sadly.  Only proof we have is photos and ones that show 3 distinct marks on our bumper that match in size to the large Mercedes badge on the front of his car.  The photos also have a ruler in the pic showing the distance between the marks.


3 years on, it's going to court.  I'm suspecting that unless he bottles it and admits liability that it will go 50/50?  Don't know how these things work.


My main question is, do we need a solicitor?  Have others been in this boat?  It's the insurance company that are claiming the money back, so it's not our case as such.  We've filled in forms saying what happened and are now awaiting a court date.


Any help gratefully received :-)

[BBROWN1664]

Did your policy at the time have "legal cover"? If so, that's who needs to be involved - you paid for it

Its the insurance companies issue and they should be fighting it. They wont though. They don't want to spend any money they don't have to so if there is any doubt they will roll over and go 50/50 with you ultimately paying through loss if no-claims etc etc. Insurance companies are really just legalised thieves.

How is Mr Merc explaining the damage? You reversed into him? At the end of the day, it doesn't matter if you brake checked him or he had his eyes shut, he has a duty of care when driving to ensure he can stop in the space available. He obviously didn't as his car hit yours.

[notsofast]

A few years ago I suffered a similar event.  It was a works van that ran into the back of me and I had left my phone at home so no means of getting a photo.   We exchanged details and the chap asked me to get a quote to repair my car.  I explained it would likely be at least a couple of grand but got a verbal quote the next day for £3k.  At this point he went quiet.  I claimed from my insurers who failed to get a response from his insurers. Eventually my insurers sold the claim onto a third party claims company who prepared the case to go to court.  At the 11th hour the chap and his boss (van owner) admitted liability and settled my insurers costs.  The process took more than a year but I came away without loss.

[midden]

You didn't have dash cam and I suspect the other car didn't either so your pictures put you ahead of him
I presume at the time, you acquired this person's name and insurance details in which case if there must have been an incident.
your damage was on the rear of the car so that again puts you ahead of him


Have a beer and let the insurance and legal department deal with it

[HarryHornby]

Cheers guys.  There are now 2 solicitors dealing with this, one for the hire car, one for the accident damage.  Both have confirmed I'm just a witness, no need for a solicitor, no need to worry about costing me in legal fees.  FEW!


Neil, the chap who hit our car even got out of his car, gave my wife contact details (inc phone number), apologised and said he was shocked, too.


Then the insurance contacted me some months later to say he is saying he didn't hit our car and that he only got out of his to see why my wife was walking towards his car.


Lying through his teeth, guessing because there was no damage to his car and he didn't fancy paying his excess and losing no claims to fix someone else's car :-(


Had I known he would lie, I prob would have got the damage fixed myself rather than risk my no claims/excess.