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Other Driver Lying About the Accident: Here’s What to Do

November 10, 2023

There’s no two ways about it - car accidents can be stressful, physically taxing, and traumatic. Add into the mix a dishonest driver, and an already challenging situation becomes a complex legal dispute.

So, what can you do when the other driver is lying about your accident? Aside from documenting evidence and seeking out legal support, here’s a comprehensive guide on how to manage.

Stay Calm

While emotions might be running high, avoid jumping to conclusions; it’s important that you remain calm and objectively evaluate the situation:

Avoid Confrontation

Confronting the other driver aggressively may escalate the situation, making matters worse, so stay calm and collected. Speak to the driver as if you’re speaking to a colleague - don’t let anger or frustration dictate the tone.

Safety First

Aside from remaining calm, you’ll also want to ensure that all involved parties are safe, and if there are injuries, make this your priority. Move vehicles out of traffic if it's safe to do so, and put up a warning triangle to alert other drivers.

Communicating with the Other Driver

Effective communication can sometimes resolve misunderstandings, and effective communication means getting off on the right foot. However, you should be cautious about what you say:

Stick to the Facts

Discuss only the details necessary, such as insurance information and relevant personal details.

Avoid Admitting Fault

Even if you believe you might be partially responsible, avoid making any admissions at the scene. The assessment of fault is typically based on evidence and the law, so if you do admit fault at the scene, this could complicate matters during any motor accident claim.

Record Statements

If possible, and without breaching privacy laws, discreetly record your interactions with the other driver. This can be useful evidence if there are disputes about what was said at the scene of the accident.

Call the Police

Involving the police can be an important step, especially when there are discrepancies in accounts of the event:

File an Accident Report

Even if injuries are minor, filing a report can provide an official record of the incident - this can be essential for the motor accident claim process.

Detailed Account

When speaking to police officers, make sure that you provide a clear, factual account of events without letting emotions cloud your statement.

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Gather Independent Evidence

Next up is perhaps one of the most important post-accident tasks: evidence gathering. After all, your best defence against false claims or dishonesty is concrete evidence, and with all the advancements in technology to take advantage of, gathering proof of liability has become relatively straightforward:

Speak to Witnesses

Bystanders or other drivers might have observed the accident. Approach them calmly, ask for their version of events, and if they’d be willing to provide a statement. Remember to get their contact details, so you can rely on them if the claim goes to court.

Take Photos and Videos

With most mobile phones equipped with cameras, take clear photos of the vehicle damages, skid marks, road signs, and overall accident scene. Videos can also capture the immediate aftermath, which might be helpful.

Document the Accident Scene

Make a sketch or note down the sequence of events, as this will be beneficial when recalling specifics later - in the aftermath of the accident, you might forget important elements.

Inform Your Insurance Company

Upon gathering all the necessary evidence, you’ll need to inform your insurance company about the accident as soon as possible. This early communication allows them to start their process, which may include:

  • Initiating an Investigation: Insurance companies have their own team of investigators who will assess the claim's validity, and go after the other driver’s insurance company.
  • Guiding You on the Process: Your insurer will then provide guidance on the next steps, which might include filling out claim forms or directing you to approved mechanics for vehicle assessments.

Insurance Investigations

In disputes where another driver may be providing a false account, the resolution typically lies in the hands of insurance investigators. Investigators will review all the evidence presented - from photos to witness statements - sometimes with the help of independent assessors, who will evaluate the damage to the vehicles involved.

Their findings can corroborate or challenge the accounts provided by the drivers, so if you’re being honest in your account, you don’t have anything to worry about. The statement you give to your insurance company will be weighed against the evidence and the account from the other driver, and if the other driver is lying, the evidence will usually expose their dishonesty.

Pursuing a Resolution

If the other driver continues to lie about the accident, you may need to consider further action, such as the legal route or alternative solutions. Here’s what you need to know:

Legal Action

Depending on the case's severity and the potential repercussions on your insurance and driving record, seeking legal advice might be necessary. A solicitor can guide you on the viability of a court case, and advise you on whether or not it’s worth it to pursue action.

Alternative Dispute Resolution (ADR)

Some insurance policies may include clauses for ADR, which is a less confrontational way of resolving disputes without court intervention. ADR methods include mediation or arbitration, which can be less stressful and allow cases to be resolved more quickly.

Engage with the Motor Insurers' Bureau (MIB)

In some instances, if the lying driver is uninsured, you might need to approach the MIB for a resolution. The MIB provides assistance and damages to victims of uninsured or hit-and-run drivers, and might be able to process your claim depending on the particularities of your case.

The Bottom Line

Facing an untruthful driver in the aftermath of an accident can add stress and drama to an already challenging situation, but remember that honesty and a calm demeanour on your part will play a significant role in ensuring a fair resolution. If you’re dealing with a dishonest driver, don’t forget that organisations like ours can help you navigate the process, from filing a claim to getting help from the MIB.