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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71030
Experience:  Over 5 years in practice
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/Madam My question is related to the following issue: Yesterday,

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Dear Sir/Madam
My question is related to the following issue:
Yesterday, in a traffic jam all the cars were standing, when a car before me started to pull back to give some space for another car.
When I saw him coming closer to my car I pressed the horn but it was to late, he pressed into my car with a small impact, after about 40 80 cm journey backwards. I got out of my car to see, if I had any broken glasses or any other damage on the front, but by this time he did not move forward his car as yet, so could not clearly see what exactly have happened. I knocked on his door and asked him to move forward a bit, he however jumped out from his car and said "just a moment, I need to take some pictures" and took a picture the 2 cars standing pushed to each other and then one picture of the front of my car with me standing before it. (at this moment I did not expect any dishonest behaviour from him, so i did not bother...)
Following that the traffic started to move and we needed to stand aside. I checked the front of my car, and apart from a few scratches did not find any major injury so I told him no worry, I think it will be o.k. At this point he started to slander me that I was the one who drove into his car and he is "not going to take this bullshit", and i need to give my details to him. I was really surprised about this kind of behaviour, and I left him alone, because, simply I did not want to be engaged in to this level of an untrue conversation based on slander etc. (However I know his best defence was the offence, even I said to him no worry I think I am ok). So I left him and drove away. While driving away he shouted: "are you driving off without giving your details? " From my car I have pointed towards him saying that this was him who did the offence so I have no more point to stay, and I left him.
First of all, I do not think the scenario would be worth to a word, living only minor scratches on my car (I have not seen his car, actually, after we stood on the side) but already an insurance company left an sms with me, a few hours ago, that I should call them back....
Secondly - if he is claiming, his claim based on a lie or a slander or on the idea of the best defence is an offence, while the scenario was exactly so as I described above.
Did I have to stay with him accepting that he is taking me down onto a level of slander and untruth?
Thirdly I was thinking of the case, and on the basis of the "evidence" he has (namely the 3-4 pictures) I can say the followings:
1/usually the injured party is the one who get out from the car first in an almost unremarkable scanario like this, and the offender stay in the car as they feel they did something wrong.
This is what exactly happened. And the first of his picture shows that I am out my car, standing before it. Should I be the offender, most likely, I would have stayed in my car while a clever guy like this would immediately jump off his car to start to take pictures. (in that case, however I would be inside of my car in a picture)
2/ If I was the person who drove my car into the car standing before me, I would naturally immediately draw my car backwards,
-to see what happened to the cars
-to avoid further damages for example if the other car start moving backwards at the first instance,
-and also not necessary living evidence keeping my car touching the other car.
In the contrary on his pictures it should shown up that the 2 cars standing next to each other and touching each other.
If his insurance would contact me I have the following thoughts:
1/ i would be not keen to involve in this scenario as it is based only on his slander.
2/ for him and his insurance company would not be a good idea to make a claim based on lie and slander
3/i would advice them to convince the guy to draw back his claim
4/ I can give the above arguments, based on HIS pictures which is somehow evidencing that he is not telling the truth.
I would be grateful if you could kindly comment on this case, what I can say and what I should not. Also what else i can maybe expect ? Do I need to call back the company at all, in a such case?
The case itself is so small i would not bother but this guy looked a bit nasty to me ;)
(He might want to claim other injuries on me too..)
What would be your advice?
What shell I do?
Yours sincerely *****
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.

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...)?

Customer: replied 3 years ago.

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?

Thanks cs

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?

Customer: replied 3 years ago.

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

Csaba Balint

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.

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