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Leeds Lad

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  1. It all depends on the circumstances of the accident, for the first one, if the oncoming driver can clearly see your door is open from a good distance and still collided with your door, then some contrib negligence may be held against him. However, this does just not happen - if you see a hazard in the road, as a driver you try and get out of the way, stop etc... so it can be very hard to prove contib negligence against the other driver. Unless you have an independant witness. For 'nosing' out from a side road into oncoming traffic, whilst the highway code states that this is what you should do, the highway code does not always apply when assessing liability. Ultimately if you have pulled out (slowly or not) into ongoing traffic, you are likely to be held at fault. If you told your insurers that you were slowly nosing out of a side road, and pulled hit a car on the main road, they would deal with the other parties claim.
  2. Good evening, A friend of mine has asked me to look into this matter for him as I work for a law firm as a legal clerk dealing with PI claims, however I have no real knowledge regarding this subject. A few months ago, he instructed a contractor to repair a damaged fence at the back of his property. At the back of the property runs a public footpath. He had a knock at the door a few weeks ago from the electricty company, asking for his details as they were doing some work at the back of his property and wanted to let him know when they would possibly disrupt him. Shortly after this knock at the door, he received a letter from the electricity company saying that he has caused around £5000 worth of damage to the electricity equipment. They have not yet sent him an invoice, however they have said that they will be doing this. Is my friend negligent or the contractor, or both? If my friend is negligent, are his home insurers likely to indemnify him? I have suggested that he reviews the T&Cs of his policy and also to contact his insurers, but he hasn't yet. Do you think a law firm would defend the matter for him on a CFA/no win no fee basis? If there is any other information you can provide, I would be very grateful. Regards, Leeds Lad
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