Confused by direction of claim

#1 2010-09-09 12:12:37
Zoe123

New member

Registered:

2010-09-09

Posts: 1

Confused by direction of claim

Hi all i'm new here, Im wondering if anyone can give me some advice as i'm really confused and i'm not sure what my next steps are.

I was in a accident in January I was driving in lane one of a dual carridge way the carridge way stops at a round about and goes straight on to join again.  I was behind a guy in a pick up truck who went across the round about in the middle of it and into lane two of the oposite side I proceeded in lane one, there was a truck up ahead so I thought he moved out to go round he then crossed into lane one without looking (I kept myself visable to his side obaying the road laws and not undertaking him which I could have easily done so) hit the side of my car pushing me into the kerb at the side of the road.  He went to drive off but stopped up the carrage way come to my car and started accusing me of hitting his car i was histerical at this point to door had folded in hitting my side i was in pain he was reluctant to give me any of his details but i got his house name and village and his name thats all, and left in a hurry not bothering to make sure I was ok.

Long story short its being on going since first he told my insuance comany he wasn't in a accidnet then my solicitor he was, it took many months to get proof of insurance from him he then claimed i was taking on my phone come across and drove into the side of his truck, my mobile phone records prove I wern't he's now removed this from his defence (i would never use my phone while driving this really made me mad) he's just been constantly lying about the whole thing.

My solicitors have now issued court proceedings and want proof of my income and bank statements and such to cover them being able to claim the costs back for the hire car my insurance got me becasue i'm liable?

What i'm trying to get at is how would this hold up in court the damage to the car is evidence alone of what happened I had to have two new wheels on the passenger side due to the damage from the impact to the kerb.

I'm just lost what happens if it goes to court? what eveidence will they look at will they see his lies and witholding information?

Sorry to go on i'm just really confused and upset with the whole thing.

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#2 2010-09-14 14:00:12
TC

Member

Registered:

2010-08-17

Posts: 61

OK, a couple of points first if I may.

The third party commited the offence of failing to stop and report an accident, which is ammmunition your solicitor can use if it gets as far as going to trial.

As far as claiming back all out of pocket expenses, the more documentary evidence you have, the more difficult it is for the other side to dispute these costs.  When you are provided with a loan car, many people do not relealise that they enter into a contract to pay the cost of the hire vehicle which would normally be clawed back from the other side.  If you were to lose the case, you become liable for these costs.

The same applies for all other out of pocket expenses.  If you keep car park receipts, travel receipts if you have been unable to use your car, even if you have had someone in to walk your dog because you were unable to because of your injuries, this can all be claimed back and is what is called special damages.

As far as liability is concerned, don't worry too much, the law is on your side.  Firstly there is no offence of undertaking, and the third party has a statutory duty of care to ensure it is safe before any change in position or course, coupled with the fact that he clearly failed to stop and report the accident and then you have had problems subsequently, if it went to trial and the Judge was made aware of the full facts, then liability should not be an issue.

But do try and provide your solicitor with as much financial information and evidence as you can as it could make all the difference to the amount claimed.

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