Husband of Person Who Hit My Car Denying Any Liability for Accident

Three days ago (Monday), a car reverses out of my next-door neighbour's driveway and into my car. This has resulted in some damage to the front bumper of the car (which is now slightly hanging out). The neighbours and the neighbour across the road and the driver got out of the car to inspect the damage on my car. They did not leave any details for me and drove away.

I was unaware that the accident had occured until the neighbour across the road had notified me that someone from my next door neighbour's household had hit my car a few hours later. I took some photos of the damage and spent that night gathering CCTV footage of the accident, as well as asking my next door neighbours for contact details. They supplied me with the number of the husband of the driver at that time.

After calling the husband over the next few days, he initially seemed very cooperative. I texted him stating that photos of the driver's licence should be sent over so we could exchange details. He repeatedly ignored my texts. After several calls we agree to meet on Wednesday to have a discussion about damage and exchanging details.

In this meeting, I take a photo of the car's registration and the wife's driver's license. There is no visible damage on their car from the accident. He asks me to check out a car repair place that he knows before considering filing a claim.

The next day (Thursday), I decided not to go with his recommended place and decided to file a claim with my insurance. I texted him that I was submitted a claim. However, he has replied now denying any liability from his wife regarding the accident.

What can I do now?

Comments

  • +36

    What can I do now?

    Let your insurance deal with it.

    • What happens if one only has 3rd party?

      I had an accident many years ago, some prick pulled out of drive way right into my lane and I tried to avoid it but clipped him and I went on two wheels and thought for sure was going to flip.

      Contacted his insurance and they came back saying he denied it and that I hit him. It was a cheapie so I never did follow up further.

      • +1

        If he only has 3rd party, then who did he submit a claim to?

        • Oh no sorry I meant I only had 3rd party, he's was a company car, I forgot to mention.

      • You cant claim on other peoples insurance mate lol

        • Wait what?

          Say you're at a traffic light in your million dollar Rolls and only have 3rd party, I ram you from behind cos I'm not paying attention and have full insurance. You're just left copping it?

          • +2

            @minty: Only the person who bought the insurance policy (or is listed on the policy) can initiate a claim with said insurance company. If the at fault person doesnt want to go through insurance, you can't force them to.

            • @Ughhh:

              Only the person who bought the insurance policy (or is listed on the policy) can initiate a claim with said insurance company.

              Hmm.. Ok that part makes sense and I'm following thus far. Guess I've just never thought about it.

              I know whenever accidents happens everyone here always defaults to "contact your insurance", alas I'm not convinced there's as many people with full insurance as what it seems(?)

              What comes of it if the person I hit has dash cam, and/or witness as evidence. Surly not that I can deny anything and everything and get away scot-free just because I insist it never happened?

              • @minty:

                , alas I'm not convinced there's as many people with full insurance as what it seems(?)

                If you're not at fault, and the other doesn't have insurance, you're policy may still cover you up to $5k. If you drive a rolls and only got 3rd party, you should probably check yourself into the hospital to get your brain checked.

                What comes of it if the person I hit has dash cam, and/or witness as evidence. Surly not that I can deny anything and everything and get away scot-free just because I insist it never happened?

                Their insurance will come after you. If they don't, we'll they should use the money saved to get legal help. That being said, be a decent human being if you're in the wrong.

                You make choices in life, and those choices can come with consequences.

        • +1

          you sure about that..

    • +4

      This, but may as well report the hit and run to the police as well just because they're being difficult.

  • +7

    Your insurance will sort that out. The first rule of all incidents is to not accept liability, so even if you know they did it and they know they did it, it’s understandable why they wouldn’t say they are liable.

    Give them the details you have of the wife, any information you have about what happened and the CCTV footage you have. Ask the neighbour across the road if they’re willing to provide a statement.

    • +1

      yeah I have provided the details of the neighbour across the road as a witness

      • +2

        Then you just have to wait for your insurance to progress the claim.

        Has your car been taken to be assessed? You maybe eligible for a hire car in the interim, so don’t forget to ask for that.

        • thanks for the advice, sending my car in for repairs next week.

    • +1

      Exactly right. Insurance companies ask that you don’t admit fault. Doing so would be admitting fault on their behalf. It is up to them to sort it out.

    • first instinct

  • +3

    Don't stress, insurance will sort it.

  • +17

    Lol the moment he comes back snarky I would have said 'alright mate, I guess I'll just hand over the CCTV of your hit and run to the police if that's how you want to handle it'

    • +1

      Absolute power move

    • +4

      Even without CCTV, it should be reported as a hit and run to the police.

      In Vic:

      If you leave the scene of an accident, the police can charge you with the following offences:
      - failing to stop after an accident
      - failing to render assistance (help people)
      - failing to exchange (swap) names and addresses
      - failing to report an accident to a police station if nobody else is at the accident

      Seems like they are guilty of the second last, and possibly last if “nobody else” refers to someone from the other vehicle. Sure, the contact details were eventually provided, but the driver should have left a note on the dash, and if they couldn’t (eg no paper), should have self reported at the police.

      Obviously varies depending on state.

      • I would agree for out of home experiences definitely, but when someone knows where you live I'll just settle for them making it right without difficulty. But I guess it is good that there's CCTV that covers the house lol

        • Fair point.

  • +1

    CCTV provided any clear evidence if insurance needs it?

  • +2

    You pay for comprehensive insurance so you don't need to worry about this. You've lined up all the ducks and given them to the insurer, you should not think about it. Watch some YouTube, tickle your cat, do whatever you want.

  • I’m rusty on insurance PDS’s but don’t they state when involved in an accident to not claim responsibility and let the insurance company sort it out on your behalf

  • Ask your neighbour casually what the charge is for fraud.

  • +1

    I thought that almost every car insurance PDS requires the person taking out the insurance to never admit liability. It is a condition of the contract, so it shouldn't be any surprise that they're denying liability. This is why you have insurance - you give the details to your insurance company and then you let them deal with it, and you let them work out how to fix your car. There is no point having insurance and then doing all this work yourself.

    My policy says that they can refuse my claim unless I, " Do not admit liability or fault, nor offer to pay for any damages caused by
    any incident covered by your policy."

    If you are trying to do it yourself to avoid telling your insurance company of a "not at fault" incident, then you would now have to proceed to making a statement of claim - lots of examples on Google.

    Your insurance company will contact the other driver and their insurance company and they'll both sort it out and compare stories. It is likely that CCTV will cover it. But then again, why do you care if your insurance company agrees that you were not at fault?

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