Car accident video advice

[Rodrat]

My daughter was involved in a car accident and the other driver admitted it was his fault on a Phone video. The insurance company say it isn't admissible because he hadn’t said he would allow the recording whilst the video was running although he did verbally agree before to my daughter and her partner. Is this correct?

 

[robbyd]

Insurance companies always (used to) tell their clients to never admit any liability at the roadside, so this may be happening in retrospect...

but if it was clear-cut fault, there should be no issue by other means of evidence, such as 'right of way' etc.

 

[robs]

The insurance company say it isn't admissible

Is this from his insurance company or your daughter's? Admissible to whom, is it going to court already?
Sounds like typical slippery eel insurance claim handlers doing anything they can to get out of paying and reach an easy settlement...but what do I know..I'm just an old cynic..

 

[EPear]

if your insurer is unwilling to do it and “fight” for your case, a carefully selected accident management company would take you case as long as they evaluate it more likely to win, will cost you nothing and all will be charged through the other party insurance. They are likely to fix your car with genuine parts straight replacement (not repair). Your insurance company stays out of it in this scenario.
.. just an option if nothing else works through the existing insurers and the damage is more than minimal?

 

[snowflake]

My daughter was involved in a car accident and the other driver admitted it was his fault on a Phone video. The insurance company say it isn't admissible because he hadn’t said he would allow the recording whilst the video was running although he did verbally agree before to my daughter and her partner. Is this correct?

I don't wish to pry into your life, but I had always gleaned the impression that you or Mrs Rodrat were of a legal bent? So couldn't you answer your own question?

Or is this in my strange PFM sim city version of reality

S

 

[Thorn]

if your insurer is unwilling to do it and “fight” for your case, a carefully selected accident management company would take you case as long as they evaluate it more likely to win, will cost you nothing and all will be charged through the other party insurance. They are likely to fix your car with genuine parts straight replacement (not repair). Your insurance company stays out of it in this scenario.
.. just an option if nothing else works through the existing insurers and the damage is more than minimal?

Accident management companies simply sell cases on to solicitors. They rarely consider whether the claim is winnable. Find your own solicitor by recommendation, or find a local one who is a member of APIL. And keep away from those who'll organise your repairs too. They will get a kickback from the garage. Accident management companies are parasites who encapsulate all that is wrong with accident claims these days.
The admission may not be admissible, but it is a good indication of how the other party is likely to behave when giving evidence. His insurers, or if it comes to that the solicitors they instruct, will take that into account in deciding on fight or flight.

 

[EPear]

Accident management companies simply sell cases on to solicitors. They rarely consider whether the claim is winnable. Find your own solicitor by recommendation.

this could well be a better option and the last thing I would like to do or imply is praise them, the insurers, or the system. However, in a somewhat similar experience such similar type company took the case for me, managed to charge the other party through the nose (you may well be right, I don’t know the details or understand how it all works), and fixed my car in a week.
it’s may be at least an option if one is facing to be punished and humiliated for not being at fault in a car accident?

 

[Woodface]

The video evidence is irrelevant, just report the accident as normal to the insurer & let them handle it. Ultimately you file a claim & a decision will be made.

 

[Andrew C!]

Ensure the insurers of your daughters vehicle have all available evidence given to them, or they could partially or wholly invalidate her claim.

This includes a copy of the video, but not the original. Retain that safely, and unretouched. Do not edit it in any way. Ensure any time stamps etc are as is.

Then let her insurers earn their pay by telling them the other driver was at fault, and the admission after further proves this.

Its for any subsequent court to decide on the admissibility of him verbally saying he’d agreed to the video before the video was switched on.

All comments based on what’s been said so far.

For example, the specifics of the collision have not been disclosed here.(nor am I expecting them to be).