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Minor Bump - Now Court

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In 2016, my daughter was involved in a low speed collision, 5 mph ish - I was in the car with her.

 

We were reversing out of our drive, which is a corner of a T culdesac. We had two pass a couple of houses before being able to exit the T. (hope you're getting the gist).

 

As we reversed up the road, approx 20' one of the neigbours reversed out of their drive and we struck the drivers door. The front of the neighbours car was still on the pavement this time.

 

Both myself and my daughter were looking behind and didn't see this until it was too late. The other driver was doing a reverse left turn and had her head turned to the left. Her view of the right was blocked as there was a van parked in the same drive.

 

As I was looking at the damage to the car, the neighbours partner came out and very very aggressive. The only witnesses were the driver. I was in the car with my daughter and my wife.

 

 

It was an accident pure and simple and we agreed with the insurance to class it as a 50/50 - there was no damage to our car. We didn't want to claim anything as there wasn't anything that warranted it.

 

Roll on 12 months later, the other driver has refused the 50/50 and is now taking us to court, with a hearing in January. We firmly believe that this is now a crash for Cash.

 

We're hoping that any sane judge would see this as an accident and throw this out.

 

One thing that did happen shortly after, was my daughter was diagnosed with Chron's and has ended up will an illiostomy. She had been showing signs of anxiety before the accident, but this incident didn't help. Obviously the accident hadn't helped and may have made her condition worse.

 

Any advise would be useful.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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H Boris

 

Have you passed this on to your Insurance company ?


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Yes, they're dealing with it and we are using the legal cover with the policy. This appears to be a civil suit. One question is, if the decision goes against my daughter, would any claim be paid by the insurer.

 

By daughter is nervous about actually going to court on the day. I'm assuming that a case like this would be dealt in an office situation?


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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It shouldn't go against her if the facts as you state are correct...and there shouldn't be any involvement with your daughter..you Insurance company will deal with it all.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thanks. I'm trying to keep my daughters anxiety down. Just spoken to the solicitors who are dealing and they said it may not even get to court.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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Most probably wont..tell her to forget about it and enjoy her weekend


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thanks. I'm trying to keep my daughters anxiety down. Just spoken to the solicitors who are dealing and they said it may not even get to court.

 

However if, and it's a big if, it does go to Court then both you and your daughter will have give give evidence as witnesses most likely.

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It is not illegal to reverse into a main road but it is not advisable - this is for safety reasons. ... If an accident occurred due to you reversing onto a main road from a minor road then there may be the possibility of you being prosecuted for driving without due care and attention.

 

Highway Code;-

201

Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can. is noted:- this has always been referred to for decades and part of orignal test questions?[ so an argument may be by Insurance Company against their claim?


:mad2::-x:jaw::sad:

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Quick update, Solicitors have instructed a professional "witness statement taker" and he will be visiting us next week.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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Witness statements done. Interesting to note that there are now three possibilities - Third party will pull out, judge will look at case on paper only or there will be a session in the court. Still happy to take this as a 50/50 as there were no independent witnesses.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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We received the witness statement in November, the best work of fiction since the bible! Whoever wrote it must have failed their english CSE. Full of spelling and typographical errors.

 

Court date is this Thursday. We have been allocated a local solicitor to represent us. Interesting that the claimant has now said that they were prepared to accept a 50/50 but we have intimidated them! Do I smell BS here?

We've not spoken or interacted with them since the incident or perhaps it was because we didn't get them a Christmas card. We're trying to be adult about this and think they are desperate and why has this only just been raised. I would call the claimants partner standing outside their house staring and pointing as we drive pass intimidating, but I have thick skin and only care about my family.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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Interesting morning yesterday. Our solicitor trying to rip holes in our witness statements and the claimant's solicitor doing the same to us. We were excused after being cross-examined. My daughter was in tears during her stint. There are is no denying that our car struck their car - a few seconds earlier and it would have been the other way round. I thing most of the haggling is going to be around the medical evidence and the compensation levels. The judge allowed us to leave at this point.

 

Still waiting to hear about the judgment. I'm just hoping that it will be 50/50 but it wouln't be much difference if it went completely against her insurance wise, which she has accepted.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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" Our solicitor trying to rip holes in our witness statements and the claimant's solicitor doing the same to us."

 

:???: Really


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Sorry, meant to put our solicitor ripping holes in the claimants witness statement.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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How did this end...? What was the judgement?

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We've heard nothing yet. If nothing arrives over the weekend we'll chase the solicitors on monday, although there's been no sight of the neighbours since. Either way, my daughters premium will go up and she's accepted this. The only solace we have is that the claimant's premium may also go up.


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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