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seftonview

RTI - not sure if I have a cause of action

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Hi, I'd like to get some opinions as to whether I may have a pursuable cause of action.

 

I was driving at 50mph along a 60mph road; a vehicle pulls out from a lay-by slowly and without indication causing me to have to brake extremely harshly to avoid a collision. The two vehicles have not collided but I've sustained a whiplash injury in the process.

 

I feel that in failing to signal intentions and manoeuvring slowly the other party was causal of my injury.

 

Any thoughts?


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I would seek treatment of the injury in the first instance.

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Is the other party aware of your predicament! have you got all the details car reg, time, location etc. You could claim initially on your own insurance!

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I would seek treatment of the injury in the first instance.

 

I'd have thought this has been taken as given. I have of course taken medical advice for my injuries.

 

Is the other party aware of your predicament! have you got all the details car reg, time, location etc. You could claim initially on your own insurance!

 

The other party isn't at this stage aware, he left the scene without stopping (which was of course reasonable since there hadn't been a collision, and he wasn't aware of my injuries). I do have details of the vehicle registration, make, and a rough description of the driver. I also have a witness.

 

I've spoken to my insurer and they were of little help at this juncture, hence putting out a straw pole on here.

 

SV


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I would think that notifying them immediately would have been advantageous here. That said without an accident I think it would be very hard to make anything stick.

 

Out of interest what kind of vehicle was it that pulled out on you?

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I would think that notifying them immediately would have been advantageous here. That said without an accident I think it would be very hard to make anything stick.

 

Out of interest what kind of vehicle was it that pulled out on you?

 

They have been notified pretty quickly; the incident took place this morning at about 10; after whiplash type symptoms persisted for a few hours I 'phoned the car insurance, the police, and my GP.

 

It was a silver hatchback/estate type vehicle.

 

SV


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The reason I asked was that if it were a bus there may have been an argument that you should have been aware that they may pull out (although there would be the counter argument that they should indicate).

 

I'm struggling to see where this can go without any accident occuring though. Perhaps somone else can come up with an interesting angle.

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it looks like a simple case of your word against his. Without any other witnesses I think you're going to struggle with this one.

 

No chance it was captured on a CCTV system by any chance?

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it looks like a simple case of your word against his. Without any other witnesses I think you're going to struggle with this one.

 

No chance it was captured on a CCTV system by any chance?

 

I do have a witness (see post #4).

 

No CCTV. Rural road.

 

SV


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Was the witness in your car?

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Independant witness!

If you covered on your insurance make a claim and let them sort it out!

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Independant witness

 

We don't know that yet

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that was a question not an answer!

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so a '?' instead of a '!' may have helped ;)

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