Litigation pending for a no fault car accident

[anniebattlemum]

Two years ago,

 

I was stationery when an Enterprise rental delivery van reversed into the front of my vehicle, in the outskirts of my rural village.

 

Unfortunately there were no witnesses.

The foreign van driver was driving erratically, clearly didn't know where he was going and admitted liability at the scene, saying he didn't see me!. 

 

I had been pressing my horn constantly for several seconds but he just kept on reversing, so he would have had to have been deaf as well.

 

My insurance company repaired my vehicle as a no fault claim, but had difficulty identifying the third party insurance company. 

 

My insurance company passed the case to lawyers who have now suggested I make a 50/50 offer since there were no witnesses.

 

I was outraged and refused, so the next step is litigation.

My No Claims bonus is protected.

 

I have been driving for over 40 years with no accidents on record and a clean driving licence.

I intend to fight this case as I took evasive action when I saw this erratic driver by remaining stationery, but he drove without due care and attention straight into the front of my vehicle.

 

Am I right in thinking that if this case goes to court, the outcome will simply depend on who the judge believes?

Is there anything I can do to help my case as the innocent party?

 

I have little faith in the lawyers appointed by my insurance company.

I have obtained a copy of the Police Report I filed at the time and have various photos showing the scene of the incident.

Does anyone have any similar experiences to share?

[unclebulgaria67]

The Insurers may refuse to cover further legal costs, as they believe deciding 50/50 is most economic option.

 

And then if you want to proceed to Court it will be your cost and risk.  Your risk, because there is no witnesses or much evidence to prove who is liable party.

 

What has the third party driver said about the accident ? They would have completed accident form and passed it to Enterprise who would have passed to their Insurers. And your Insurance company or legal people may have a copy.

 

 

[BankFodder]

Please will you tell us the value of the damage and also post up a redacted copy of the police report here .

I'm going to say now that your chances are probably not very good

 

Also, you say that the driver was foreign. Does this mean that the driver is out of the jurisdiction? Do you have an address for service?

[Anawilliam850]

Hi! 

If the case goes to court, the outcome will indeed depend on who the judge believes. However, there are some things you can do to help your case as the innocent party.

First, you can gather and present as much evidence as possible, such as the Police Report, photos, and any other documentation related to the incident. This will help you establish a clear timeline of events and show that you were not at fault.

Second, you can try to find any witnesses who may have seen the incident. Even if there were no witnesses at the time, you can ask around your rural village to see if anyone saw anything or heard anything about the incident.

Finally, you can consider hiring your own lawyer to represent you in the case, rather than relying solely on the lawyers appointed by your insurance company. A lawyer who is solely focused on your best interests may be more effective in arguing your case and presenting your evidence.

It's understandable that you have little faith in the lawyers appointed by your insurance company, as they may be more focused on settling the case quickly and cost-effectively rather than fighting for your rights as the innocent party. Consider reaching out to a lawyer for advice on how to proceed with your case.