Falsely Accused of Hitting Another Car

LsyncTee on 07/08/2021 - 13:17
Last edited 08/08/2021 - 12:21 by 1 other user

Hi everyone,

Back in October 2020, I was parallel reverse parking into a spot in between two cars. The car parked in the spot behind me claimed that I hit their car whilst parking (supposed damage. However, my car has no damage, plus my bumper panels are rounded.

How could my rounded panels cause the damage/dents in the photo, and if so, the licence plate holder would have needed to be damaged first (which it isn't). After 10 months, my insurance company has just notified me that they've managed to find a witness who claimed that I did hit their car, and hit their car twice whilst parking. After 10 months!

My insurance company says that because they now have this witness that magically appeared from nowhere, we are liable to pay for the damages. I'm happy to pay for my mistakes, but in this case, I absolutely did not hit their car whilst parking, and there's no way my car could even do that kind of damage. It just doesn't make sense.

I feel like I am wrongly accused here and there's nothing I can do.

Can someone please let me know what my options are?

Thanks for your time :)

EDIT: Back in October 2020 when this "happened", we exchanged insurance details because according to the police, regardless of whether I hit them or not, they have the right to make a claim. I had their insurance company reach out to me, and even had a debt collector agency contact me, but I refused to pay as I was not at fault. I was surprised that they didn't reach out to my insurance company instead, which I eventually directed them to. Many months later, we are in this current situation where they've found a witness. Our insurance company has said that we can either pay the excess which is $650 or pay for their damage outright which is $660.

EDIT: Added link to right bumper. Yes it's scratched up but it's a 23 year old car; but nothing that could have made the dents on their car: (rear right bumper

Automotive

Comments

  • Muzeeb on 07/08/2021 - 13:18

    What does your dashcam show?

    • Kail on 07/08/2021 - 13:26
      +1

      I can't imagine anyone would keep dashcam footage from 10 months ago without an incident happening.

      • TEER3X on 07/08/2021 - 13:28
        +2

        Op has photos, so it's not like they wouldn't have dashcam footage if they owned one. It's likely the incident of a claim did occur 10 months ago, my understanding anyway

        • Kail on 07/08/2021 - 13:33
          +1

          I thought the photo might have been sent to them recently vs taken by themselves.
          If they had a dashcam surely they would have already sent the footage to their insurance company 10 months ago?

          I find it strange that they are being accused when their car has zero damage and isn't really the right shape to cause the kind of bumps on the other car. I am guessing both cars are with the same insurance company? Otherwise OP's insurance company would've told them to take a hike given there's no evidence a car they insure was involved in an accident.

          • syncTee on 08/08/2021 - 00:28

            @Kail: No, we have different insurance companies.

      • apsilon on 07/08/2021 - 13:37

        If the person raised the issue at the time I definitely would and have. I assume they made the accusation at the time but without proof nothing happened until now.

        I still have footage from a couple of years ago where some random came up to me at lights and said I'd hit them. I'd already been at the lights for a minute when they pulled up behind me. Kept that whole trip front and rear views to show them pulling up was the first appearance they'd made just in case. This sort of thing where it comes up months later has been fairly common. You'd be crazy not to keep a couple of copies of the footage.

      • magic8ballgag on 08/08/2021 - 11:46

        They would have if they owned one, as it would have proven that they didn't hit the car.

    • Euphemistic on 07/08/2021 - 13:27
      +3

      You should be asking where is the paint diagram.

    • syncTee on 08/08/2021 - 00:22

      Unfortunately, neither parties had a dashcam.

  • screensaver on 07/08/2021 - 13:25
    +15

    tell them their witness is a liar and if they have signed a statement they are committing fraud and perjury

    • syncTee on 08/08/2021 - 00:29

      Apparently, we're unable to find out who it is because of some privacy reasons?

    • HeWhoKnows on 08/08/2021 - 19:24

      What a load of rubbish and those that voted for this are just having a laugh.

      • screensaver on 08/08/2021 - 19:29

        oh really, ask Judge Einfield that

  • Baysew on 07/08/2021 - 13:27

    What is the amount involved?

    • syncTee on 08/08/2021 - 00:29

      We can either pay the excess which is $650, or pay for the damages which is $660.

      • Muzeeb on 08/08/2021 - 00:33

        Dang!

      • HeWhoKnows on 08/08/2021 - 19:25

        Offer them $100 cash settlement without an admission of guilt and be done with it.
        Alternatively get a few quotes.
        What they are saying is ridiculous for the damage

  • SnoozeAndLose on 07/08/2021 - 13:27

    Can you demand a SD from the witness? I think in a hearsay situation they need a SD from the witness.

    Ask did they actually happened? The drive suddenly come out when you are reversing? Or when you come back to your car and the owner is wait for you?

  • Gronk on 07/08/2021 - 13:31

    At this point you either need to provide some evidence which backs your side of events or you're going to have to pay up, simply saying "I know I didn't hit the car" isn't going to cut it when there's a witness.

    • syncTee on 08/08/2021 - 00:31

      Agreed. Are there agencies that I can consult that can act as an expert witness?

      • HeWhoKnows on 08/08/2021 - 19:27

        This is going to cost you 000s
        Just offer them $100 cash settlement as the damage is so minuscule

  • Gervais fanboy on 07/08/2021 - 13:33

    They created a witness out of thin air..

    You should do the same, have a bit of fun yourself.

    • magic8ballgag on 08/08/2021 - 11:56
      -3

      I wouldn't be suggesting fraud on a public forum.

      • Gervais fanboy on 08/08/2021 - 12:00

        I was being slightly facetious with that suggestion to make a point about how ridiculous a situation the op is in right now.

      • Gervais fanboy on 08/08/2021 - 12:17

        Wow, that somehow offended you ?

    • HeWhoKnows on 08/08/2021 - 19:28

      Dangerous play

  • SBOB on 07/08/2021 - 13:36
    +7

    My insurance company says

    If you didn't hit the car, why is your insurance company involved?

    If you legit didn't do it, and there's no way your vehicle could have caused the damage, call their bluff and tell their insurance company that they can take you to whatever tribunal/review to weigh up the evidence and witness statement.

    • Baysew on 07/08/2021 - 13:41
      +1

      I don't get the "My insurance says" bit either.

      If OP has insurance (either Comprehensive or Third Party) their insurance company would simply pay for at at fault accident.

    • syncTee on 08/08/2021 - 00:35

      At the time when this all happened, we exchanged insurance details because apparently refusing to provide insurance details for whatever reason is an offence. After some time, their insurance company reached out to me directly asking for payment for the damages. I ignored it because I thought they should be talking to my insurance company instead of me, and eventually, I had a debt recovery agency reach out to me on behalf of their insurance company chasing me up on the money. At this point, I told my insurance company what was happening, and this is how my insurance company is now involved.

      • Euphemistic on 08/08/2021 - 06:09
        +1

        Your mistake was ignoring the first demand.

      • 82norm on 08/08/2021 - 11:40
        +1

        You don’t need to exchange insurance details, that’s BS. Put simply, what happens if you don’t have insurance (excluding CTP?)

        • syncTee on 08/08/2021 - 12:23

          He called the police because I didn't admit to doing anything wrong and refused to give him my details. When the police came, they said that regardless of whether anything happened here, he has the right to make a claim, and refusing to exchange insurance details was a crime.

      • HeWhoKnows on 08/08/2021 - 19:30

        If you did not hit the car or were confident you did not cause the damage you should have explained your case at the time and just walked away
        Unfortunately this is now an admission of guilt

  • Sawtell on 07/08/2021 - 13:38
    +2

    Don't pay your excess. Ignore approaches from other driver.

    If he is persistent enough to take you to court, you will get to test the evidence they have against you.

    • HeWhoKnows on 08/08/2021 - 19:33

      And 000s in legal fees
      Bad idea!

  • Muzeeb on 07/08/2021 - 13:55
    -1

    (supposed damage)

    It's just a crappy 2012ish ford focus likely with a dodgy PowerShift transmission. Perhaps they are just looking for money to cover new transmission.

    • syncTee on 08/08/2021 - 00:36

      I don't know, the guy is a doctor as well so not sure why he needs to resort to this kind of pettiness.

      • screensaver on 08/08/2021 - 09:45

        A doctor hit my parked car, I wasnt even there, but someone got the rego number. They tried to get out of paying by saying I was parked on a bus stop, but I was parked thete because the buses stopped at 9 pm and this was midnight. It was a wide residential street. In fact, they left without leaving their details

        • TEER3X on 08/08/2021 - 13:42

          2/2 doctors are assholes. That's 100%

  • Cheer on 07/08/2021 - 14:25
    +1

    Maybe I'm old school but I've had this damage happen to me and I just fix it myself.

  • Cheeper on 07/08/2021 - 14:25
    +17

    Looks like someone backed into it with a towbar tongue or they have ran into one.
    Physically impossible for your car to make a dent like that.
    Send them your pics and tell them you will see them in court.
    Their witness sounds sus as.

    • Pluto88 on 07/08/2021 - 14:30
      +2

      +1 for this and if they say you did it while reverse parking the damage would of been on the drivers not the passengers because of the direction of travel

      • syncTee on 08/08/2021 - 00:38

        Is there something like an expert witness I can consult to support my case in the event I take this to the tribunal?

        • Love a bargain on 08/08/2021 - 13:53

          The cost of engaging an expert witness would be way more than the amount in question though. Surely you can present your evidence if they do take you to (presumably small claim) court and any magistrate should see the irony.

        • MrBear on 08/08/2021 - 13:54

          Go talk to a smash repairer and show them your photo of the damage and your car. They will have seen many types of impacts like this and might be able to help. Also, they may be able to tell you how much it would cost to fix if you had to end up doing this (without using excess).

    • HeWhoKnows on 08/08/2021 - 19:37

      This should be obvious to OPs insurance company and anyone else who knows how to assess accidents
      Problem is that OP should have pointed this out in the first place and settled the matter there and then

  • popsiee on 07/08/2021 - 14:34
    -6

    Pay it up as you won't beat their legal team and be out of pocket thousands more .
    Love all the experts of the photos in the thread that would no way hold up in court .

  • PissLUR on 07/08/2021 - 14:43

    how much is your excess?

    • syncTee on 08/08/2021 - 00:40

      Excess is $650, the damages is $660

      • HeWhoKnows on 08/08/2021 - 19:38

        Only if you accept their claim and their quote

  • brendanm on 07/08/2021 - 15:54
    +3

    Looks like it's been hit by a towbar. You don't have a towbar. Tell them to take a long walk off a short pier.

    • HeWhoKnows on 08/08/2021 - 19:39
      +1

      Correct
      And that should be obvious to the insurance companies too.
      Ask them to explain how that damage occurred
      Which part of you car supposedly caused it

  • iNeed2Pee on 07/08/2021 - 16:08
    +3

    Tell them you will see them in court. Make sure you have JV represent you.

    • syncTee on 08/08/2021 - 00:39

      Who's JV?

      • TEER3X on 08/08/2021 - 13:43
        +4

        You must be new here

  • oscargamer on 07/08/2021 - 17:50
    +5

    Tell your insurer that you did not cause that damage and you require them (as your agent) to deny the claim and you are instructing them to contest the matter.

    If they refuse, post back here.

    • HeWhoKnows on 08/08/2021 - 19:40

      With the photos provided

    • jacross on 13/07/2022 - 08:58

      They did do that and post back here by the way so enjoy.

  • askme69 on 07/08/2021 - 18:57
    +1

    Length of time is odd.
    So they and the witness have seen your car, why didn't they wait for you to return?
    Or they viewed dashcam at a later date?

    Tell them you will act when you receive a penalty from Police for leaving the scene of an accident and not leaving details. If they are prepared to go down that path, they must be confident or stupid.

    • syncTee on 08/08/2021 - 00:41

      They didn't have a dash cam, and they made me give them my insurance details at the time this happened.

      • oscargamer on 08/08/2021 - 09:30
        +3

        Ok. If you didn't do it, why give them any details at all?

        • syncTee on 08/08/2021 - 12:23

          He called the police because I didn't admit to doing anything wrong and refused to give him my details. When the police came, they said that regardless of whether anything happened here, they had the right to make a claim, and refusing to exchange insurance details was a crime.

          • oscargamer on 08/08/2021 - 12:25

            @syncTee: If that is what the attending police said, then that's simply wrong.

            If there has been an accident, you are only required to give name and address. Not show your licence. Not your insurance details. Not your mobile phone number. Not anything else

            • syncTee on 08/08/2021 - 12:26
              +1

              @oscargamer: I wouldn't have given them anything if the police didn't make me!

              • oscargamer on 08/08/2021 - 16:14

                @syncTee: Ok. You are where you are. You were given wrong advice. Did the police have body worn cameras operating?

                • syncTee on 09/08/2021 - 02:12

                  @oscargamer: Yeah, they should have.

                  • bmerigan on 10/08/2021 - 21:43

                    @syncTee: I believe the law is "must exchange details", not "must exchange insurance details".

    • HeWhoKnows on 08/08/2021 - 19:41

      Agreed
      length of time is very suspicious
      Was that damage evident on the day of the alleged incident?

      • syncTee on 09/08/2021 - 02:13

        Yes, which is why initially we refused to give them any of our details since there's no way we could have backed into them and caused those two indentations.

  • Euphemistic on 07/08/2021 - 19:02
    +8

    Next time someone accuses you of backing into their car when there’s no evidence, hop back in the car and reverse into them properly to show them what damage from your car would really look like.

  • thatonethere on 07/08/2021 - 19:19
    +1

    You should look at your car insurance and see what the dispute or complaint process is and initiate that.

    Also mention in your complaint that you will take your complaint to the AFCA if not satisfied.

    However the other party may materialise directly via insurance agents, lawyers or debt collectors etc

    • HeWhoKnows on 08/08/2021 - 19:42
      -1

      Now in plain English please

  • mlbrooke on 08/08/2021 - 07:45
    +7

    What you say does not make sense, if you didn’t have an accident then why would you exchange insurance details back in 2020? You clearly did have an accident back then otherwise you would not have exchanged details.

    At the time you should have taken photos of what had happened. Because now you have to argue that the damage wasn’t caused by you when there is a witness saying you did cause the damage.

    Don’t use your insurance, pay the amount as the $10 saving will be eaten up by increased future premiums.

    • syncTee on 08/08/2021 - 12:35

      He called the police because I didn't admit to doing anything wrong and refused to give him my details. When the police came, they said that regardless of whether anything happened here, he has the right to make a claim, and refusing to exchange insurance details was a crime.

      • [Deactivated] on 08/08/2021 - 14:28
        +1

        That's stupid if nothing happened why do you have to give insurance details?

      • HeWhoKnows on 08/08/2021 - 19:44
        +1

        I would have pushed the point that nothing happened and asked to see the damage caused (and take a photo) and furthermore asked for an explanation from the policeman of how it might have occurred.

      • mlbrooke on 15/08/2021 - 08:23
        -1

        You hit him? then you did have an accident? what you are actually saying is that there was no damage but that there was in fact an accident where you are at fault.

  • JIMB0 on 08/08/2021 - 07:57
    +1

    This looks like a troll post on a dormant ghost account. I have a witness that says so.

  • Out24q on 08/08/2021 - 08:00
    +2

    Did you check to see if part of your car actually lines up with the damage?

  • morse on 08/08/2021 - 08:17

    Most of your wording sounds like maybe you did hit the car but don’t think there is sufficient evidence and are trying to convince yourself and everyone else you didn’t. I suspect you were touch parking and didn’t think you caused damage but might have. If you were reverse parking badly you could have hit the spot identified with your right rear corner, which you interestingly don’t show in you picture. Otherwise maybe the person is completely making it up, which seems a bit weird as the damage is minimal.

    • Euphemistic on 08/08/2021 - 08:35
      +5

      You’d have to be parking pretty badly to hit the left side of the car with the right rear corner. Besides, the bumper on that car is rounded and smooth all over. There isn’t anything likely to cause an indentation in an isolated part like the damage displayed.

      It’s also possible OP did actually contact the car and not cause the damage shown, or any obvious damage.

      • morse on 08/08/2021 - 09:07

        It’s true, pretty badly indeed. I just think OP doesn’t sound very convincing. Why not a photo of the whole bumper?

        • Euphemistic on 08/08/2021 - 09:58
          +1

          You don’t need a whole picture. Unless the OPs vehicle hit at like 45 degrees.

          • morse on 08/08/2021 - 10:00

            @Euphemistic: If I was the insurer I’d want the whole picture. Just seems weird to leave it out.

            • syncTee on 08/08/2021 - 12:24
              +1

              @morse: Picture of the right bumper: https://imgur.com/a/ut6dlrA. It's a bit scratched up but nothing out of the ordinary for a 23 year old car. I don't see how it could have made the dents on their car? I would have had to mount the curb in order to hit the passenger side of their car with my right bumper.

              • morse on 08/08/2021 - 13:08

                @syncTee: Well you’ve scraped something with your rear right bumper at some point. Only you know if it was the other persons car. Yep, you most likely would have had to mount the curb, I’ve seen people do this 🤣 this picture doesn’t do you in favours though. I can understand why you didn’t share it previously.

                • syncTee on 08/08/2021 - 14:14
                  +1

                  @morse: Yeah, but the fact is that the damage he's claiming I've done is a puncture rather than a scratch. This incident was outside a place with a lot of shops so if I did mount the curb and hit their car, there'd be a lot more than one witness.

      • HeWhoKnows on 08/08/2021 - 19:46

        I concur 100%
        "Touching" a car during parking is very common but never results in any damage
        As others have suggested it looks like a hit from a sharp narrow object such as a tow bar.
        This should be pointed out to the other driver

        • Euphemistic on 08/08/2021 - 20:18

          "Touching" a car during parking is very common but never results in any damage

          Maybe you think it doesn’t ever cause any ‘damage’, but it’ll scuff paint fairly easily. I’d imagine that wouldn’t be uncommon, even if very minor. If you are fastidious about your ride, a parkin ‘touch’ will likely mean a paint detail if nothing else.

          I got a nudge a week or so ago. Car backed into my parked car, enough for me to feel the impact while sitting inside. No damage to my solid steel chromed bumper, was dark but didn’t appear to be anything obvious on his car. No harm no foul.

  • OzHunterNSW on 08/08/2021 - 10:47
    +2

    You do have photos of your vehicle. You did take photos sowing height differences between the two vehicles. You did Tate close-up photos of his damage. You did find the no damage upon your vehicle. You did find no paint transfer. You did find it impossible to have occurred. You were warned by reversing sensors and even camera, that you are at a safe distance.

    Forget about it. His "paint shop" will simply buff the "marks" out… that is all it takes. A bit of polishing cream, and that is it.

    Don't worry about it. DO NOT admit to anything. Let him take it to Court. It is his version compared to your "documented" account.

    • 82norm on 08/08/2021 - 11:45

      Best sage advice. Let him take it to court. Their bluffing and full of Shite.

    • HeWhoKnows on 08/08/2021 - 19:49

      Maybe just borrow the car for an hour and rub the damage with polishing cream

  • FreeUyghur on 08/08/2021 - 12:14

    just ignore it. thats non sense.

  • Porker on 08/08/2021 - 12:54
    +1

    A taxi once lane changed and hit my car. It was his second day on the job and second accident he said. He was at fault.

    Matter went to insurance and then that taxi driver miraculously produced a witness that said I lane changed into him. Insurance anticipated that that would happen and actually said, 'just wait, they'll get a witness to say you're at fault and it will be another taxi driver', which it was.

    I know of another situation where a magical witness appeared, and the matter also went to court. My friend was not at fault but witness said he was and so my friend lost in court.

    Friend later approached the other party to confront them about it - at that time the other party admitted it was their fault but didn't have any insurance or money to pay for the damage so had to lie (and commit perjury).

    I'd say just be aware that people lie through their teeth when it comes to money. It seems trivial issue but could easily blow up.

  • HeWhoKnows on 08/08/2021 - 19:17

    Firstly I beg to differ with OP
    FIRSTLY Whilst reversing it would be impossible for OP to see if they hit or damaged the car behind. Hence OP has no case there.
    SECONDLY Exchanging of details is an admission of guilt I'm afraid. So you lose on that one too.
    THIRDLY There is now a witness who saw the incident which is a critical blow to OP's argument. - Strike 3 - OP is OUT!
    FOURTHLY This is up to insurance companies to sort out. Their assessors are best qualified to assess the damage and how it may have occurred,
    FIFTHLY the damage is so minimal. A small cash settlement should do it and also avoids tarnishing your claims record.

    Sorry OP but the odds are heavily stacked against you on this one whether you are innocent or not and the solution is clear.
    Taking such a minor mater to court is ludicrous.
    Just offer a "no admission" cash settlement.

    • syncTee on 09/08/2021 - 02:09

      1) To make a dent on the passenger side of their vehicle, I would have had to have mounted the curb. I would have known if I did, and there'd be a lot more than one witness since it was outside a few shops.
      2) I never wanted to exchange details - he called the police as I refused, and the police said that I had to provide my details. They didn't even bother looking at the damage or hearing my side of the story; they just stood around until we exchanged details.
      3) There was no such witness until 10 months later. How on earth did they manage to find this person after all this time, and how could they perfectly recollect the event.
      4) My insurance company has given me 3 options - pay the excess, pay them directly, or fight on our own. The assessors do not assess how the damage has occurred, only the value of the damage (I spoke to a supervisor at my insurance company and found out about this).
      5) It's not the amount of money that bothers me; it's the fact that there's no way I hit his car twice (or even once) according to the witness, and there's just no way the damages could be done by my vehicle. At the end of the day, how did my blunt rounded bumper cause the two indentations on their vehicle?

    • zambuck on 09/08/2021 - 06:17

      SECONDLY Exchanging of details is an admission of guilt I'm afraid. So you lose on that one too

      Nope.

      287 Duties of a driver involved in a crash
      (1) A driver involved in a crash must comply with this rule.
      […]
      (2) The driver must stop at the scene of the crash and give the driver's required particulars

      http://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104…

      It is an offence to not exchange details.
      When you are talking to the other driver, you should not admit that the accident was your fault as this may affect any claim on your insurance.

      https://www.lawaccess.nsw.gov.au/Pages/representing/lawassis…

      • HeWhoKnows on 10/08/2021 - 09:35

        But as you said there was no crash

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