This is one of the most frustrating situations you can face. However, in the world of insurance and road safety, one person’s word against another’s is rarely enough if you know how to play your cards right. If the other driver lies or denies fault on the accident report, the scenario shifts from an "amicable claim" to a "disputed claim."

Here are the strategic steps you should take to win the case:

 

1. The importance of the Police Report

If there is no agreement at the time of the accident, you must call the police immediately. Why? Because the officers will perform a visual inspection, measure skid marks, check the final position of the vehicles, and take statements from both parties.

  • Presumption of truth: What an officer writes in a formal report carries much higher evidentiary weight than the word of a private individual. If the police report states the other party is at fault, you have won 90% of the battle.

 

2. Locate Witnesses (Crucial in Málaga)

In roundabout accidents (such as those in the Teatinos area or Avenida de Andalucía) or lane changes, fault is often disputed.

  • Look for people who witnessed the collision.
  • Ask them for their name and telephone number.
  • Even if they do not wish to give a statement to the police at that exact moment, their later testimony can be the key to your insurer winning the dispute.

 

Aquí tienes la traducción de la segunda parte del texto al inglés británico, manteniendo el estilo profesional y adaptado al contexto legal del Reino Unido:

 

3. Physical and Visual Evidence

Nowadays, your mobile phone is your best lawyer. Do not move the cars until you have evidence:

  • Overview photos: Showing road signs and markings (give way signs, traffic lights), road surface markings, and the relative positions of both vehicles.
  • Close-up photos: Damage to the cars speaks volumes. An impact on the front wing vs. the rear door helps loss adjusters determine who moved into whose lane.
  • CCTV: If the accident occurred near a bank, shopping centre, or public building in Málaga, inform your solicitor so they can request the footage before it is deleted.

 

4. The "War" Between Companies

When there are conflicting accounts, insurers enter a process of protocol rejection:

  1. Your insurer makes a claim against the other party.
  2. The other insurer rejects liability based on their client's version of events.
  3. This is where your Legal Expenses Cover comes in: If you have this cover (most policies do), your insurer must appoint a solicitor to fight the case.

 

5. What to do if there is no Police Report or Witnesses?

If you find yourself in a "your word against theirs" situation with no clear evidence:

  • Accident Reconstruction Report: A specialist forensic engineer can analyse the damage and determine, through the physics of the impact, which version is technically and logically possible.
  • Legal Proceedings: If the reconstruction report still fails to convince the other side, the final step is to issue a civil claim. In many cases, seeing that you are serious and that there is a risk of going to court, the opposing company ends up accepting liability.