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Need Advice On A Car Accident Claim Being Made Against Me?

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Need Advice On A Car Accident Claim Being Made Against Me?

Postby Ros » Tue Oct 03, 2017 11:09 pm

Back in 2009 when i was a learner driver, i was driving down a road with cars parked both sides, and i met a driver in the road, when we passed our cars scraped against each other. The insurance decided it was a 'both at fault' claim and that was it.

Today i have received documents from the county court to advise that the other driver is claiming between £1500 and £3000 against me for 'injuries and losses sustained as a result. he is claiming i -

drove at an excessive speed (20mph)

failed to brake or steer to control my vehicle

failed to see the other driver

failed to keep proper lookout

drove into collision without the exercise of proper skill.

Now i appreciate i was a learner driver, but that does not mean i wasn't driving safely. I was accompanied by a 52 year old experienced driver, and the fault did lay with both of us. Yes the collision caused damage, but we were both driving VERY slowly when the two cars passed, literally at snail speed. He is also saying i drove on the wrong side of the road (not sure how i could do that with cars parked both sides, there were actually more vehicles on HIS side) and he is saying i failed to gove proper warning of approach.

This is ALL LIES. The facts of his case are -

experienced mild shock resolved within 1 day

suffered moderate neck pain - resoslved within 6 months

moderate shoulder pain which resolved within 3 months

he DID NOT receive any treatment at the scene of the accident, he then drove home

Consulted his GP about the neck and shoulder 3 DAYS LATER

Did not have any investigations

GP'S OPINION

No wounds or scars seen

examination of neck was normal

examinsation of upper limbs was normal

back & lower limbs not examined

Looked well and appeared to move easily during the assessment.

Now i am no doctor, but i am 100% positive that none of this would have been caused by the little scrape we have and i am 100% positive that he is trying to pull a farce one.

What i need to know is based on all of these details where do i stand? And what do i need to do now?

Thank you very much!!
Ros
 
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Need Advice On A Car Accident Claim Being Made Against Me?

Postby Jerrod » Wed Oct 04, 2017 1:03 pm

In this sort of situation it is best advised to seek legal representation as this is the only way you can act in your defence professionally. If the insurance company has already stated the facts in writing then at least you have a case against the third party. It seems quite a while back since this incident occurred and there may well be a time limit on how long a person can press for compensation but I don't know the law on this score so this is why you need legal advice as soon as you can. If you have a hearing date at the county court you need to express this with your solicitor immediately as they will contact the court requesting the case to be adjourned on the grounds of insufficient evidence. Your acting solicitor should then write to your insurance for evidence of their statement in relation to this case. If the third party has legal representation then the facts should be known in order for your lawyer's correspondence in due course. Also, if the third party fails to supply any medical evidence in support of their claim you could then request to seek compensation yourself but on what grounds I don't know, this is why it is important to seek legal representation.
Jerrod
 
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Need Advice On A Car Accident Claim Being Made Against Me?

Postby Walfrid » Thu Oct 05, 2017 9:05 pm

That is quite true the other driver can make up a different story to tell against you and will demand compensation. You have lots of fighting chance since the accident occurred a year ago, obviously if he is claiming damage he should have applied it immediately against you during the time you both collied with each other on the road. But he waiting for such a longer period of time, the only question is why? Since you said you are accompanied at that time when the accident occurred with a 52 year old experience driver he can asses also the situation if the other driver is in a very bad condition. And you claim you are driving very slowly like a snail like you put it. Which to me is not very REALISTIC. Nobody drives like a snail unless you cannot see the whole road entirely. Even an 80 year old can drive much faster than you like 50 to 60 miles/hr.


If you want to win, be realistic in court. Do not tell the judge fairytale stories that Peter Pan can fly. If you drove like a snail you said about mild shock here, nobody will suffer a mild shock driving like a snail. Unless of course the other driver is driving like hell. Suffered neck injury. In my conclusion both of you are driving in the normal condition 20-40? The only question I have is why didn't you consulted an officer in the accident scene like a traffic police that can assess the whole situation and recommended other solution to the problem at hand. You and your companion who is a 52 year old didn't have cellphone with camera to take pictures of the accident? Pictures are very very important in times like this that is why the cellphone incorporated the use of CAMERA for this purpose why in the world you didn't utilize it? It also have VIDEO which is obviously to take videos.


SINCE the other driver has an AXE to GRIND against you, you should answer this to the court and have a lawyer to present your own version of the accident. Make sure you have all the arsenal or weapon against him otherwise you will obviously loose this case.
Walfrid
 
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Need Advice On A Car Accident Claim Being Made Against Me?

Postby Addae » Fri Oct 06, 2017 7:31 am

Firstly, don't worry. This is nothing for you to worry about, as you were insured at the time of the accident, it is the up to your insurance company to sort out. The other driver had ample opportunity to claim for injuries when the accident happened, the fact that he/she has waited over two years is that he/she is an opportunist who is trying their luck by employing a 'no win no fee' company to claim compensation. This will most likely been thrown out by the court anyway.
Addae
 
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Need Advice On A Car Accident Claim Being Made Against Me?

Postby Russell » Fri Oct 06, 2017 7:41 am

The claim, as others have pointed out, is not against you but your insurers and you should pass it on to them, together with your comments on the matter. As the insurers involved have already concluded that there was fault on both sides, and as experienced drivers are expected to take care when there are learner drivers about, they will presumably settle matters accordingly. They are used to people trying it on.
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Need Advice On A Car Accident Claim Being Made Against Me?

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Li
 
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Need Advice On A Car Accident Claim Being Made Against Me?

Postby Advent » Sun Oct 08, 2017 10:36 pm

UK answer as the other answer seem to be the "American" way of making things complicated.

ALL you need to do is pass everything on to the insurers at the time of the accident. That's what insurance is for.


You let them deal with it 100%, that's what you pay them for and they will fight it on your behalf. You will not even have to go to court and I doubt it will even get that far as the other driver sounds like he id just trying his luck with one of these no win no fee cowboy firms.
Advent
 
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Need Advice On A Car Accident Claim Being Made Against Me?

Postby sebert » Mon Oct 09, 2017 3:30 am

I'm not a legal expert but here is what I think.

Firstly, although from what you say it sounds like this guy is trying to 'pull a fast one' don't just ignore this and hope it goes away. Read the documents you have received carefully so that you understand what you have to do to contest the claim. If he has made a claim online look at the Directgov site (http://www.direct.gov.uk/en/MoneyTaxAndB... You will most likely have a fixed period to respond otherwise he may get a judgement by default. If you don't accept his claim it will have to go to court as the next stage and this will be at his cost so he will most likely choose not to go any further.

In you defence there are a number of things that need to be bought out.......

Why has he waited so long to make a claim? Did he accept at the time the insurance companies view that you were both at fault? If so why does he now think you were at fault?

How bad was the damage to the cars? If the damage was just down the side then clearly you weren't so far over that there was no room for him. The amount of damage should give an idea of the speed.

Hopefully you were displaying 'L' plates on the front of your car in which case he should have seen this and given you more leeway. As a leaner you may well have failed to control the car completely but he should have taken that into account and he should have stopped his car completely rather than continuing before the impact.
Was there any evidence of this?

Finally were there any witnesses at the time? You clearly have a witness with the person who was in the car with you but he is not independent. Were there any other witnesses at the time?

Don't give into this but take legal advice if you are still unsure.

Good Luck,

Steve
sebert
 
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Need Advice On A Car Accident Claim Being Made Against Me?

Postby cadabyr » Thu Oct 12, 2017 1:20 am

You need to address this to your insurance company. They deal with any claims.
That is what you need to do, that is all you need to know.
You personally should not have anything to do with the claims or any suit, other than providing your insurance company with whatever information they request.

Most of the other answers seem to come from Americans, and even there, the insurance carrier takes care of any lawsuits.
Discussion of who is at fault, how to fight the suit, and issues like that are pointless.


Leave it to the experts.
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