Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Help- Third Party is Lying!

    I am new to this site but I am in need of advice!!!

    I was involved in a car accident 2 weeks ago. I was driviing down a clear main road and there was no traffic. On the opposite side of the road was bumper to bumper traffic. I was travelling at 30 mph when a car pulled out from a side road straight in front of me. I hit the passenger side of his car. The man admitted fault and we exchanged details.

    I thought it was a clear cut claim and it would be settled in no time.

    Until i recevied a phone callicon from my insurance today informing me the man is disputing liability!!!! The man is claiming I overtook a vehicle (which is impossible to do on this road unless the traffic is clear on both sides, whihc is was not) and he has emerged from the side road and i have gone into the back of him!

    My bumper and bonnet was damaged in the collison and his passenger side back door and wheel arch was damaged! However he is claiming i have gone into the back of him.

    I am really worried about being found at fault even though i know what truly happened. I am worried he has previous damage to the back of his vehicle and he has had the damage from the collision repaired!

    Will this incident be likely to be found in my favour.

    (there were no witnesses and no police/ambulance involved!)

    THANKS!


  2. #2
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    flyingdoc Highly informative flyingdoc Highly informative flyingdoc Highly informative flyingdoc Highly informative flyingdoc Highly informative flyingdoc Highly informative flyingdoc Highly informative

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    Default Re: Help- Third Party is Lying!

    The pattern of damage done to the car does not support his story.

    If you had run into the back of him then his damage would be to the rear, and not to the side, and if you had cut back in having overtaken someone and hit his side then your damage would be to your side and not the front.

    The only way that you could have damage to the front of the car and him to his side would be if he had come across your path.

    I would fill in your form, put in as much detail as you can and allow your insurance company to deal with it.

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  3. #3
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    Mossycat Informative Mossycat Informative Mossycat Informative Mossycat Informative

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    Default Re: Help- Third Party is Lying!

    As flyingdoc has already said, additionally, point out to them that even if it was possible for you to have being overtaking at the time of the accident it would have been a legal move and the onus of responsibility is on the driver pulling out to ENSURE BOTH WAYS are clear before doing so

    Mossy


  4. #4
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    Default Re: Help- Third Party is Lying!

    I recommend you issue a letter to your insurance company explaining exactly what occured and your concerns.

    I will predict the insurance company will appoint a loss adjuster to assist with the validation process and recovery aspect of the claim.

    Loss adjusters will listen to both sides and locate any discrepancies. Especially when the damage does not correspond to the third parties Statement of Fact.


  5. #5
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    Default Re: Help- Third Party is Lying!

    Thank you very much for you replies. The tp is still making the claim i hit him in the back, which has meant i have had to pay my excess of £575 to get my car back! Like you all say his discrepancies will hopefully show i am telling the truth!


  6. #6
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    Default Re: Help- Third Party is Lying!

    Poppy did the insurance company appoint a loss adjuster?


  7. #7
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    Default Re: Help- Third Party is Lying!

    as far as i know, no. i have been trying to emphasise to them the fact he is blatantly lying and it seems they aren't really bothered. i have asked them if they have sent sumone to assess the damaged of his car (before he gets it repaired to back up lies) and they haven't and do not know when they are going to send sumone!!


  8. #8
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    Default Re: Help- Third Party is Lying!

    Hi Poppy,

    I had an accident in May in similar circumstances to yours. I was just wondering if you had your claim resolved and how you got on?



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE