can I simply say to the insurance company to get back to this guy and try to persuade him to withdraw his claim if any as he is on the wrong side (he is slandering...etc...)?
so my main question would be, what would you do as a solicitor if you come across with this scenario as your own case (this happened in London, A219, on the way coming from A3 towards Hammersmith) around 1 or 2 pm .
So the traffic is standing , a guy before you pulls back, into your car, minor injuries/scratches on your car, you intend to let the guy off, however, he then starts to slander you, that you injured his car, he wants you to give your details to him (however you are the one who should ask him for his details, indeed) so you leave him alone, but next day he put a claim against you to his insurance.
What would you do?
Would you say, yes sorry I drove into your car...?
Do you know any short cut for such a case you do not have to be involved (as you do not see the point?) Saying for example !I do not accept this claim as not based on the truth what really happened?
Would you consider paying off this guy's claim as a humanitarian action, given the guy has a bit worse care than you have probably less money too, but he is a bit cheeky one using ' the best defence is a direct offence ' approach?
Or what would you do what shell I say to his insurance company if I am contacted?
Shell I deny to give my details?
Shell I clearly say this guy is not telling the truth?
Or what else?
The fact that he got out of the car first isn’t relevant. There is no evidence to suggest that a person that gets out of the car first or second is the culprit or not.
In scenarios like this, the person that was reversing will very often claim that they were parked and you ran into them. If it gets to court, it’s for the judge to decide the issue.
However you should have given him your insurance details.
In cases like this I also suggest that you should always report it to the police even though the police will not be interested if no one was injured. Expect the person to now allege that he has been injured and has whiplash. You haven’t already been to the police, do go to the police simply to put it on record. As I said earlier, they won’t do anything you want it on paper.
Pass all this information onto your insurance company and get them to deal with it but make sure that you make it quite clear that he was reversing to let another car in and he reversed into you.
Unfortunately, with no independent witness evidence and with your word against the other driver this is simply something which is likely to be settled whereby each of you pays for your own damage. If there is very little, if any damage to your car, would probably be happy with that. Do tell your insurance company that you are advising them for information only and that you are not putting a claim in against the other driver you do need to make sure they are fully informed.
Can I clarify anything for you?
thank you very much!
would you report to the police his slander and lie too?
As far as I am concerned slander is a grave issue he even could be sued for. I am not intending to do so, but I think it probably would be his benefit to learn the lesson... (about slander for example)
I do not know his registration number, neither his name and not sure about his car, apart from this was a more than ten years old looking hatchback with greyish colour. ?Peugeot... but I'm not sure.
Quite similar to a Peugeot 205 as far as I am remember of it, however it could be anything else with a similar shape and look.
To be honest I was not really intending to put any claim against him, already that time, unless some serious damage would have occurred, therefore I was not interested so much in his details. Because he was the culprit, I was not interested in his car either. When he, however, started to say completely untrue and dishonest things I was so much shocked that I did not want to engage with him at any level, so I left him, despite he was taking pictures of me leaving the scene.
Basically what I have so far and likely refers to this guy is an sms received from Allianz Insurance Plc (which company I have nothing to do with otherwise) asking to contact them with quoting the reference BL1AA203654.
Can I use this reference number as a reference to this person I do not know the details of when reporting to the police?
Would you advice me to take a picture of the bodywork of my car with the frontal scratch received from this impact? Shell I take this image to the police or send to my insurance company in case the other chap has for example also a bigger impact older injury which maybe he would like to be also compensated for using this incident? In the latter case how can I argue against his claim?
Thank you for your advice
I would still report it to the police. You need to get a reference number from them. Tell the police that you weren’t intending to do anything about this because there was no damage of note but as you’ve heard from his insurance company you thought it better to do so.
Just give them all the information you have including the insurance reference.
Take photographs of the damage and invite the police (who probably won’t be interested) and neighbours and any other witnesses you can think of to have a look at it so that the other driver cannot allege that you’ve had it repaired.
To be honest, the slander angle is not even worth mentioning never mind pursuing so I wouldn’t bother with that.