Discrimination ??

NAS92438 said:

The driver ran away and my son chased him. I had a scuffle with the passenger and my daughter was left rigid with shock.

It will depend on how much the other side can say the situation was made worse by your actions rather than just the accident. This will depend on how good their lawyers and "expert witnesses" are in creating a narrative to suit their interests.

NAS92438 said:

The insurance company are saying that their anxiety and lack of attending school is because they are autistic! They had no problems with school beforehand.

I think it is fairly clear that the accident triggered a step change in behaviour - you may need to get reports from the school on the behaviour before and after the date in question to back this up, and I think a solicitor can phrase the request in a way that is of most use to you.

As the others are saying - get yourself independent legal advice on this - a lawyer with insurance expertise will be your best protection as the insurance companies from both sides will be looking out for their own financial and legal interests.

Speak to a lawyer. The equality act can have some counterintuitive affects when it comes to discrimination that could mean that they’re actually making the situation worse by admitting that autism is a factor. But this particular situation is complex enough that you really should have a lawyer.

that is a thing, if they have a condition that has these traits the court can say they was always like that because they got diagnosed, and that they wouldnt be diagnosed if they was ok and not playing up in the first place, therefore they wouldnt have a diagnosis. its a solid thing to use against you.

what you can try saying is that yes, acknowledge that these diagnosis do have those traits... but you can say that event triggered and pushed them into a prolonged state of panic and anxiety and trauma that lasted a longer period. and that this was a trigger for them.

the defence will try shrug this off like that and use diagnosis against you, but thats just what the defence are paid to do. it ignores the fact that this event triggers a period of anxiety, and not only that new trauma and new fears, you could describe and say your kids were then traumatised and afraid of going in the car ever again from that which then would be info to discredit the defence as thats a new layer of trauma caused by the event in question. even if it may not be the case, in law both sides are just trying to win, you say anything to win, if you go into a claim honestly you will lose as the defence will lie and snake out of it, you too need to embellish the truth.

NAS92438 said:

The insurance company are saying that their anxiety and lack of attending school is because they are autistic! They had no problems with school beforehand. I am so upset and feel manipulated.

I think speaking to a solicitor would be a good idea.

The insurance company (your own I assume, rather than the other party's?) will be saying this on financial grounds.