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Taken to Court over 50/50 accident

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  • Taken to Court over 50/50 accident

    Hi All,

    Hoping for a bit of advice.

    Back in April I was turning right into a car park. There was a stationary car waiting to exit the car park. As I turned in, the car straightened and my wing mirror passed the back of her car. I then heard a crunch from behind me.

    I parked in the first available spot to inspect the damage and luckily my car had survived with only a faint scratch mark. A few seconds later the other driver arrived and her bumper underneath her right hand passenger door had been mangled and was sticking out.

    The collision occured behind both of us, so neither of us could be sure what had happened and who caused it. All I know is that at the point of impact my car was perfectly straight which led me to assume she had turned into me causing the collision.

    We swapped details and I drove home. Later on that day I received a text from her asking for my license plate as she forgot to get it from me. I decided to then call my insurance company and report it as I assumed she would be doing the same and I wanted to cover myself.

    The damage on my car was so minimal that I didn't need to claim. A few months later I receive a letter from her insurance company demanding that I pay £3,500 for the repairs she had done to her car. I called my insurance company who told me to ignore the letter and they would deal with it.

    A couple of months passed and then I received court papers. I now have to do a statement and appear in court next month.

    There is no CCTV, no witnesses. I don't really understand how she hopes to win this. But I'm no expert.

    From the above should there be anything I should be worried about... I'm worried that I will inadvertently put something in the statement that will count against me..
    Tags: None

  • #2
    Pass the letter to your insurer.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Your insurers should take over the defence of the court claim against you.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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      • #4
        If she hits the rear of your car, "She is at fault," which states that you take care and leave enough distance to stop without colliding. In other words, try it on. PS, did she claim a whiplash injury, as this is common nowadays?

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        • #5
          Hiya,

          They have taken over the defense but I've got to submit a statement and turn up at court

          She hasn't claimed whiplash, she just wants money for the repair..

          The insurers called me up and asked if I wanted to counterclaim but there wasmno damage to my car. They basically said I need to get a quote for damage to my car that doesn't exist..

          I don't really know what she hopes to achieve, it's just a waste of every one's time.. I'd quite like to counter claim just for the unnecessary hassle she's causing..

          Comment


          • #6
            Jus to add to this, the legal representative called me today and asked if i wanted to go 50/50 but I don't really as this will affect my insurance premiums.

            She claims she was stationery when I hit her . But, she wasn't as I looked back after the incident and her nose was poking out into the road, also I have a slight rip in my bumper hers was hanging off and I was going really slowly as I was scanning the parking lot for a space, if I was going that slowly and she wasn't moving at all there was no way I could have caused that much damage. Surely the car moving faster would have had the most damage.

            Is this a suitable defense to claim it was her fault .

            Comment

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