Associate
- Joined
- 10 Jan 2005
- Posts
- 535
Sorry for long post any advice appreciated
Sisters car was written off recently (£4.5k received from her insurance)
she was T boned at a crossroads, but junction can be tricky as both sides have the dotted give way lines. From looking at junction sister would have travelled a lot further distance and almost completed the turn right when hit passenger side (about half way along car) with other car having front bumper impact (probably turning left, may haven been going straight on)
The other car had minor damage, minor scratches on front bumper which was a golf 17 plate with 18k miles (checked MOT history)
My sister has a 2 minute video just after accident where the other driver (women in her 70s) first says it might not need to go through insurance, then says not her fault, then says will go through insurance admitting 50/50.
The annoying thing is council CCTV is right on that junction and sister asked insurance multiple times to try get recordings (only kept for 28 days) but they didn’t get them.
Fine sister thought end of it, not ideal but would accept 50/50 and move on. Received £4.5k for her car.
Now sister is being taken to court to recover other drivers costs. £3700 for a scratched front bumper!
Below is other drivers claim, who is also asking for 8% on the balance too! 83p per day cheeky cow! Has she got any chance?
Sister a bit worried but told her even if it did go against, it would just increase her insurance claim from £4.5k to around 9k? Sister has video evidence of other driver clearly stating go through insurance 50/50 should be enough to “win”
This women was also in her 70s, barely drives 1000 miles per year (MOT history) and was also very rude. I wouldn’t normally attack via that route but if sister has to defend herself in court, if pushed I would play the “is she still safe to drive” card.
The Defendant was negligent in that they:-
(a)Drove too fast in the circumstances
(b)Failed to keep any or any proper lookout.
(c)Failed to proceed with care.
(d)Failed to have any or any proper consideration for other road users.
(e)Failed to give any or sufficient warning of his intentions.
(f)Failed to stop, brake, steer, swerve or otherwise to manoeuvre the Defendant’s vehicle so as to avoid the collision.
(g) Drove into collision with the Claimant’s vehicle.
(h)Failed to give way to the Claimant's vehicle.
(i)Drove onto the wrong part of the road and into the path of the Claimant's vehicle.
4.As a result of the accident, the Claimant has suffered loss and damage.
PARTICULARS OF SPECIAL DAMAGE
Repairs£3772.63
Hire (Bilate)£35.88
TOTAL £3808.51
5.Further, the Claimant claims interest pursuant to the provisions of the County Courts Act 1984 at the rate of 8.00% on the sum of £3808.51 from 26 May 2023 to 22 August 2023 in the sum of £73.04 and continuing thereafter at the rate of £0.83 per day.
AND the Claimant claims:
a)Damages in the sum of £3808.51 plus interest to 22 August 2023 of £73.04, making a total of £3881.55with interest continuing thereafter at the rate of £0.83per day.
Sisters response
The Claimant was negligent in that She:
a) Failed to keep any or any proper lookout;
b) Failed to brake in time or at all;
c) Failed to heed the presence of the Defendant’s vehicle which was correctly established on correct side of the road;
d) Failed to accord due precedence to the Defendant’s vehicle which was correctly established on his side of the road;
e) Failed to proceed with care;
f) Drove into collision with the Defendant’s correctly proceeding vehicle when by the exercise of a reasonable degree of driving skill and care this could have been avoided; and
g) Failed to give way to the Defendant’s vehicle.
Sisters car was written off recently (£4.5k received from her insurance)
she was T boned at a crossroads, but junction can be tricky as both sides have the dotted give way lines. From looking at junction sister would have travelled a lot further distance and almost completed the turn right when hit passenger side (about half way along car) with other car having front bumper impact (probably turning left, may haven been going straight on)
The other car had minor damage, minor scratches on front bumper which was a golf 17 plate with 18k miles (checked MOT history)
My sister has a 2 minute video just after accident where the other driver (women in her 70s) first says it might not need to go through insurance, then says not her fault, then says will go through insurance admitting 50/50.
The annoying thing is council CCTV is right on that junction and sister asked insurance multiple times to try get recordings (only kept for 28 days) but they didn’t get them.
Fine sister thought end of it, not ideal but would accept 50/50 and move on. Received £4.5k for her car.
Now sister is being taken to court to recover other drivers costs. £3700 for a scratched front bumper!
Below is other drivers claim, who is also asking for 8% on the balance too! 83p per day cheeky cow! Has she got any chance?
Sister a bit worried but told her even if it did go against, it would just increase her insurance claim from £4.5k to around 9k? Sister has video evidence of other driver clearly stating go through insurance 50/50 should be enough to “win”
This women was also in her 70s, barely drives 1000 miles per year (MOT history) and was also very rude. I wouldn’t normally attack via that route but if sister has to defend herself in court, if pushed I would play the “is she still safe to drive” card.
The Defendant was negligent in that they:-
(a)Drove too fast in the circumstances
(b)Failed to keep any or any proper lookout.
(c)Failed to proceed with care.
(d)Failed to have any or any proper consideration for other road users.
(e)Failed to give any or sufficient warning of his intentions.
(f)Failed to stop, brake, steer, swerve or otherwise to manoeuvre the Defendant’s vehicle so as to avoid the collision.
(g) Drove into collision with the Claimant’s vehicle.
(h)Failed to give way to the Claimant's vehicle.
(i)Drove onto the wrong part of the road and into the path of the Claimant's vehicle.
4.As a result of the accident, the Claimant has suffered loss and damage.
PARTICULARS OF SPECIAL DAMAGE
Repairs£3772.63
Hire (Bilate)£35.88
TOTAL £3808.51
5.Further, the Claimant claims interest pursuant to the provisions of the County Courts Act 1984 at the rate of 8.00% on the sum of £3808.51 from 26 May 2023 to 22 August 2023 in the sum of £73.04 and continuing thereafter at the rate of £0.83 per day.
AND the Claimant claims:
a)Damages in the sum of £3808.51 plus interest to 22 August 2023 of £73.04, making a total of £3881.55with interest continuing thereafter at the rate of £0.83per day.
Sisters response
The Claimant was negligent in that She:
a) Failed to keep any or any proper lookout;
b) Failed to brake in time or at all;
c) Failed to heed the presence of the Defendant’s vehicle which was correctly established on correct side of the road;
d) Failed to accord due precedence to the Defendant’s vehicle which was correctly established on his side of the road;
e) Failed to proceed with care;
f) Drove into collision with the Defendant’s correctly proceeding vehicle when by the exercise of a reasonable degree of driving skill and care this could have been avoided; and
g) Failed to give way to the Defendant’s vehicle.
