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Hi there
I will soon be going to small claims court as part of a motor accident claim. I am the claimant and have prepared a witness statement. Our insurers have assigned a solicitor but they haven’t been helpful at all and have not provided any actual advice (and it turns out their small claims team doesn’t actually have any qualified solicitors). I have a concerns about a few of the paragraphs I have in my witness statement on the basis that they give view/beliefs/opinions and everything I have read seems to say you shouldn’t do that. The same for potentially trying to argue the case. I may be over thinking things but I don’t want to wind up the judge and cause myself problems.
The paragraphs in question are:
I note that the Defendant has stated in their Defence that my vehicle rolled backwards and collided into the Defendant’s insured’s vehicle, however I completely dispute this. My vehicle was stationary with the “Auto hold” function engaged. It was a significant impact that both dented and split the rear bumper in several locations as evidenced in the photos included herein and necessitated the replacement of the bumper. I fail to understand how this level of damage would have been caused by rolling back a short distance on a slight slope into the Defendant’s insured’s stationary vehicle.
The next day after the accident, I had a sore neck however I didn’t consider it worth going to the doctor’s for this nor reporting it to my insurer. I do not believe this could have been caused by my vehicle rolling backwards into a stationary vehicle as alleged, only by a significant impact into the rear of my vehicle, compounded by the fact that it was stationary at the time of the collision. I do not believe I would not have been shook up as I was by merely rolling back into the Defendant’s insured’s vehicle.
I hold the Defendant’s insured fully responsible for the collision with no fault on my part as I made a controlled stop, and my vehicle was stationary at the time of the collision. I maintain I was in no way negligent and I reject all allegations of negligence contained within the Defence statement. I do not know if the Defendant’s insured was driving too fast or not paying attention, but I believe I can only assume it was one or both and they then failed to brake in time.
I’d appreciate any comments from those in the know!
Many thanks
RVS6
I will soon be going to small claims court as part of a motor accident claim. I am the claimant and have prepared a witness statement. Our insurers have assigned a solicitor but they haven’t been helpful at all and have not provided any actual advice (and it turns out their small claims team doesn’t actually have any qualified solicitors). I have a concerns about a few of the paragraphs I have in my witness statement on the basis that they give view/beliefs/opinions and everything I have read seems to say you shouldn’t do that. The same for potentially trying to argue the case. I may be over thinking things but I don’t want to wind up the judge and cause myself problems.
The paragraphs in question are:
I note that the Defendant has stated in their Defence that my vehicle rolled backwards and collided into the Defendant’s insured’s vehicle, however I completely dispute this. My vehicle was stationary with the “Auto hold” function engaged. It was a significant impact that both dented and split the rear bumper in several locations as evidenced in the photos included herein and necessitated the replacement of the bumper. I fail to understand how this level of damage would have been caused by rolling back a short distance on a slight slope into the Defendant’s insured’s stationary vehicle.
The next day after the accident, I had a sore neck however I didn’t consider it worth going to the doctor’s for this nor reporting it to my insurer. I do not believe this could have been caused by my vehicle rolling backwards into a stationary vehicle as alleged, only by a significant impact into the rear of my vehicle, compounded by the fact that it was stationary at the time of the collision. I do not believe I would not have been shook up as I was by merely rolling back into the Defendant’s insured’s vehicle.
I hold the Defendant’s insured fully responsible for the collision with no fault on my part as I made a controlled stop, and my vehicle was stationary at the time of the collision. I maintain I was in no way negligent and I reject all allegations of negligence contained within the Defence statement. I do not know if the Defendant’s insured was driving too fast or not paying attention, but I believe I can only assume it was one or both and they then failed to brake in time.
I’d appreciate any comments from those in the know!
Many thanks
RVS6
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