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JGM, Solicitor
Category: Law
Satisfied Customers: 9985
Experience:  30 years as a practising solicitor.
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A third party have accused me of being in a accident as a so

Customer Question

A third party have accused me of being in a accident as a so called whiteness has accused my car of causing a crash.

My car was not at the scene, I have offered my insurance company whiteness for this but they rejected this stating that my whiteness were friends and could not act as a whiteness to me.

I am now in the process of having my car inspected but this has been going on for six months. Im really getting anxious as I can afford to be blamed for this crash.

Please can you tell me the best thing to do.
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Where was your car at the time and what witnesses are there to prove it?

How far from the accident? What were you doing at the time? When did you last make a traceable card transaction?
Customer: replied 3 years ago.

It was on the 5th of November, I finished work at 5;30. I was going to a bonfire party nearby so I left my car outside work. (This was parked in the

same location from 4pm-11pm)


The alleged incident occurred at 6:50pm. At this time I was around 1/2 a mile away from the accident. My card was used to take cash out of a cash machine for me to buy a ticket to the event at 6:34pm - this cash machine was 700m away from the accident where I had no involvement.


There was a passing car with five people that claimed to see the parked car being hit by my car, they claim that someone young was driving (matching my age range)


I have around 12 whiteness' that can state I was in a group at this event at the time of the crash.

Expert:  JGM replied 3 years ago.
You can prove you weren't there. And that you took cash out a machine on a window of 20 minutes and couldn't have been ther.Deny liability. Unless they lie, they have no witnesses to say you were there..
Customer: replied 3 years ago.

The problem I have is cash was taken out 15 minutes before the crash. The cash machine is literally round the corner from the where the scene of the crash was.


They want to inspect my car but i am worried that they will find something wrong with it and link it to a crash. There is a dent at the bottom sill from where i hit a kerb and this is the only damage to the car.


What shall I do.

Expert:  JGM replied 3 years ago.
And is that damage consistent with their description of the accident on that day?
Customer: replied 3 years ago.

They say that their side panel of the car is damaged...


My sill (right at the bottom of the car) is damaged - too far down to cause any damage to panels of the other vehicle.

Expert:  JGM replied 3 years ago.
So there is no evidence of damage by your car to theirs and you have witnesses to say that you were with them. Insurance companies like to use the argument that friends are not independent witnesses. So what! They are still competent witnesses.

You should not have a problem here. If your own insurance company won't support you then complain to the Financial Services Ombudsman online.
Customer: replied 3 years ago.

Legally can a friend be classed as a valid whitness?

Expert:  JGM replied 3 years ago.
Yes, as can a relative or anyone who saw the incident. Let me tell you a secret! Insurance companies like to discount witnesses that are known to the parties to a case. They love to write in their letters that such a witness can't be taken into account and their evidence is not to be believed. Now, once the case gets into court, nine times out of ten the opposite is the case. A witness is better than no witness at all. I deal with RTA issues every day and every day insurance companies serve up this rubbish. You have to resist it and proceed with your claim.
Customer: replied 3 years ago.

After speaking to my insurance company this morning they have informed me that they have a very detailed statement of events from the third party. They want to inspect me vehicle but have also stated that this might not be conclusive evidence to close the case.


I have got in touch with my whiteness' this morning and only 2 from the 12 are willing to provide statements. Will this help?


Im stuck thinking that I'm going to be left screwed over as the insurance company really don't seem to be helpful towards me.


Legally what leg do I have to stand on?

Expert:  JGM replied 3 years ago.
Your two witnesses will indeed be useful and the damage is inconsistent with the third parties' version of events. There is no reason why your insurers should not support you.

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