Help with personal injury claim, defendant saying fraudulent

[maddogwhite]

Hi I need advice 2 years ago my Son was smashed into while driving the family car which was a fairly bad rear end smash. I had just been picked up a mile uo the road after drinking at a get together. I was in the rear of hour vehicle. My Son driving and his girlfriend was in the passanger seat. Anyway fast forward we put a whiplash claim in a few days down the line cause we were all in pain.
went threw the procedure with the claim company. To then get a apply back from the other side raising acupent issue saying I was not in the back of the car and we not paying. Anyway this has gone on and on back and forth with both insurances. My solicitor has now taken it to county court and we have just had a defence sent back, we think you are fraudulent cause he never seen me get out the car. Bearing in mind the car had all blacked out windows with photo proof at the crash scene. The reason I never got out was that I was pissed and my Son said I’ll deal with it. I stayed with his car up the road. The worry is if they believe his story it will be big jail for me won’t it. They admitted it was his fault crashing into the back of us and paid out for the car.
they trying to pick at little bits on medical stuff off us all, just little daft bits Now it is at small claims court we’re do I go from here.

[des8]

You follow your solicitor's advice!

He knows the full story and has all the details we do not have.

Even if the judge rules in the other sides favour, and even if there is a ruling of fundamental dishonesty the penalty will not be jail

[atticus]

des8 is absolutely right. You have solicitors. Take their advice.

[maddogwhite]

Does that count if they end up taking it to trail if it can not be sorted in the county claims court.

[maddogwhite]

Could someone go through this defence if I post it without names and addresses. The lad has said on his defence my Son passed him his mobile phone to enter his details and as he was doing so seen a message come up saying to do a claim the ideat. Never once did he mention that before and why would anyone send a message to mention doing a claim seconds after the accident.
You don’t even no who is going to admit fault or anything at that time. My Son never once handed his phone to him anyway. I am fuming about it. His lies could have me in serious trouble and it is making me poorly. I have my Son and his ex girlfriend clearly stating I was in the vehicle. They also trying to get everyone on how long it took for the whiplash to heal and stuff after physio. Picking at bits in the claim. I have read that nothing can be done to the defendant for dishonesty on what he says but is the claimants can get in trouble. We don’t get much help from our solicitor or advice, we just receive forms to sign. I have just received one yesterday a response sheet it is called. Do I just disagree with things in the defence on that sheet.

[atticus]

q1 yes

Q2 you have solicitors. this forum is not intended to supplant them.