[Lilliespace]

Hi, first time here,.... we were on a dual carriageway and came to lights at a traffic island, lights on red, lights go green, we continue to go straight ahead, almost at our exit a car comes from a road on the left and smacks into the passenger side of the car damaging both doors. The driver takes off, we pull over and i get the reg of the car as it sped away, I walk along the road to see if the driver has pulled up but no sign of her.
Police find her at her home and upon walking in the house she tells them she is just about to report the accident. She then states she is not at fault.
Police say we have to prove it is her fault?
She pulled out onto an island, crossing broken white lines, we were already on the island?
The Police say we have to prove we did not jump the red light???
Apparently this could be a 50/50 case??
The damage to her car is front radiator grill missing and drivers side wing damaged on impact.
Damage to my car is both passenger doors dented and creased, back door won't close, all trim is missing and rear wheel has been knocked.
My car is 10 months old.
The police had sympathy with the other driver as she is 74 years old?? I am 64, disabled with MS being driven by my 69 year old carer in a motability car so I don't see why her age should call for sympathy here.
My question is how can I prove we were not at fault here? Police are putting the emphasis on us proving our innocence. Any help would be gladly and gratefully received

[Lily]

Hi there, and welcome to the Community!

I can completely understand how upsetting and frustrating this must have been for you. Especially given your circumstances, relying on your carer and now facing damage to your Motability car. It makes sense you’d want clarity and fair treatment here.

We’re not able to give legal advice in the Community, but here are some practical steps that may help:

• Insurance company: Get in touch with your insurer as soon as you can. They’ll guide you on the process, help gather evidence, and may liaise directly with the other driver’s insurer.
• Evidence: If you have dashcam footage, photographs of the damage, or any witnesses who saw the incident, this could support your case. Even sketches or notes about the junction and the traffic lights may be useful.
• Police report: Make sure you have the incident reference number. Your insurer will usually ask for this.
• Independent advice: If you feel unsure, you could contact Citizens Advice or check whether your insurance policy includes access to a legal helpline. They may be able to explain your rights more clearly.

It’s really difficult when something like this happens, and it can feel overwhelming on top of everything else you’re managing. Please know you’ve already taken the right steps by reporting the incident and reaching out for support here.

[olduser]

I hope everyone has recovered from the shock, and no one is injured.

It looks as though two problems have got mixed together.

The other driver was involved in a crash and failed to stop without a justifiable reason- this an offence.
The other driver did not voluntarily report the accident to the police within 24 hours - this is an offence. Reporting the accident when the police find you is not considered to be voluntarily reporting. The police have to use some discretion in these circumstances.

The second part is the cost of damage, who pays?
The idea is the party who caused the accident pays.
We have motor insurance in case we damage the property of others while driving.
The insurers may agree or dispute, with the other insurers who was at fault, where large amounts are involved the insurers may take the matter to court but this is expensive, where the insurers cannot agree, and the value of the claims do's not justify the cost of going to court, they will agree a 50/50 fault. This means each insurer pays for the repairs to their own clients car.

In practice, after a crash we contact our insurers, give them the details of what happened, as we saw it, details of any witnesses if any, and of course the details of the other party.
Our insurers will/should deal with the rest. We should not be involved any further unless the insurers cannot agree, and decide to go to court, if that is the case our insurers may ask us to give evidence.

It is important to remember, regarding the insurance side, any contact by the other party, their insurers, or legal representatives, should be passed on to your insurer without attempting to respond to the sender.

Applying all that to your case - It looks as though the police are trying to tell you, they are not going to take any action, because it is very difficult to prove who did what, and when.

Best wishes.