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Jo C.
Jo C., Barrister
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What action can you take if you believe the other party in

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What action can you take if you believe the other party in a traffic accident is telling untruths or widely exaggerating the facts
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
​Hello were there any witnesses and was the police involved?
Customer: replied 1 year ago.
Police were called by the other party. \no witnesses possibly CCTV
Customer: replied 1 year ago.
Do you need more than that
Expert:  Ben Jones replied 1 year ago.
No thank you, ***** ***** respond shortly
Expert:  Jo C. replied 1 year ago.
I have been asked to look at this. Are you asking if you will be prosecuted?
Customer: replied 1 year ago.
No. I think that the other party may put in an insurance claim because they talked of whiplash although backed down a little when the police suggested that they seemed to be moving freely about. There was no visible damage to either car and both parties took a lot of photographs.
Expert:  Jo C. replied 1 year ago.
Ok.
So what would you like to know about this please?
Customer: replied 1 year ago.
the concern is a claim on the insurance leading to a loss of no claim and increased premium based on potentially erroneous information supplied by the other party. the story they told to the police was plainly highly embellished. eg they claim they were shunted forward 7 feet when in fact it was the tinyiest of nudges
Customer: replied 1 year ago.
if the other party does put in a claim which we anticipate will contain falsehoods how and with whom can we seek to contest the matter ?
Expert:  Jo C. replied 1 year ago.
Well, that would be for your insurance company.
They are liable on your behalf.
They will weigh up whether it is worth contesting the matter and make a decision on that basis. You will be asked for your version of events but they are not decisive as it is ultimately a financial decision for your insurers.
If there is a criminal prosecution then you just contest it in the normal way.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Your advice seems clear. One just hopes that a true account of the incident is related so that a fair outcome is reached.
thank you.

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