Third party refusing liability.

  • Bluejay84's Avatar
    I’ve only recently joined the forum as I am looking for some advice.


    The third party who was involved is now refusing liability saying that I am at fault. I’ve now been told to contact my insurance company to arrange a courtesy car and go ahead with the repair work. Apparently the excess I would have had to pay has been waived.


    Initially my insurer referred my case to a credit car hire company as they thought it was a clear case and the third party would be at fault. There was a delay of about 2 or 3 weeks for the third party to contact their insurer and then further delays waiting for their insurance company to get in contact with mine. The case handler has now notified me that the third party are denying liability and saying I went into them.


    Accident info:


    I was driving along the road on my local housing estate which I do regularly. The speed limit is 20mph but I was doing 10mph as there is often children, cats and dogs around, sometimes in the road.


    I travelled along the road approaching the third party driveway on the passenger side. The driveway has a tall brick wall about 1.5 metres high which runs along the whole driveway. The wall stops at the very edge of the road. This will have impeded the line of vision to observe passing traffic. I sent a photo showing the wall and road to the credit hire company as requested along with diagrams and description of what happened. I’m now wondering if they have even bothered looking at the photo.


    On my approach the road was clear including the driveway. I did also look right at the open driveway on my drivers side which is nearly opposite. As I passed I heard a scraping. It took me a few moments to realise what had happened. At the time I was observing the way ahead.


    Third party got out and apologised and said she didn’t see me. No visible damage to third party car but mine scratched from front passenger wheel arch ( at back of arch) to passenger side rear arch(front of arch)


    Third party now claiming she was stationary and that I went into her! I’m so cross that she is so willing to lie. I took pictures of the damage etc. Unfortunately there were no witnesses.


    Any advice on how to proceed would be greatly appreciated as I’m not sure what I should do. Should I challenge the decision even though I have no proof?
  • 2 Replies

  • TC1474's Avatar
    Your case sounds rock solid in your favour so I would challenge it 100%.

    In civil cases you only have to prove liability on the balance of probability of 51% or better (unlike the criminal courts where you have to prove beyond all reasonable doubt) so the burden of proof is lower and easier.

    Based on your account and the fact that you have good photographic evidence, if it were to go to trial, the the court would throw it out quite quickly and find in your favour leaving the third party liable for all the legal costs.

    So speak to your insurers, tell them that you are contesting the third party account and that you have photo's and instruct them to defend you.

    It will either be given to their in house law firm or a claims management company, but either way it will provide you with appropriate representation and should get resolved quite quickly.