No win no fee
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Rocky99
Posts: 51 Forumite
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Hi
I was really hoping someone could give me some advice?
In march 2011 my husband and I decided to take our 3 yr old daughter and 1 year old son to a play gym. My husband was driving and we needed cash to get in the gym. We didn't have any so decided to stop at a cash point to get some.
My husband pulled up next to one which was on a kurb (we know this bit was wrong). I got out and went to the ATM. As I stood at ATM some people stood behind me, I heard a male complaining about our car on the kurb so I quickly grabbed my cash a d got in the car. As I have got in I heard the same male say that he wasn't going to let us pass, I've then told him to stop being silly and to move out of the way as by this point he was pressed up against our bonnet.
My husband, at snails pace drove down the kurb with this male still pushing himself up against the car. We got past him and he then punched my car with a key in his hand causing small damage to the passenger door. My husband stopped and tried to find out what his problem was but it was getting heated so I told him to get in the car to go to the nearest police station. During this time the male dialled 999 and said it was a hit and run!!
We spoke with officers and everyone was satisfied that other than parking on the kurb we hadn't done anything wrong. We received a fine for the parking.
The man was not happy with police action and has decided to do a no win no fee and sue us. Our insurance company is acting on our behalf but I don't actually no what to expect from this or the process?
Several points regarding the incident
1- I'm a police officer and the male or his company are unaware of this. I could not have dealt with it as a police officer at the scene as I did not want my children witnessing anything more.
2 - we attended a police station immediately and the was no other police action other that a £30 ticket for being on the kurb
3- there was no CCTV or witnesses that I should have got at the time.
4- his parents were present and are obviously acting as his witnesses.
5- he walked round the corner to see attending officers and was taken to hospital only to be discharged shortly after.
6- I think he has managed to cause a bruise to his leg himself and is claiming it was our car.
5- I also believe he's claiming sleepless nights and depression.
6- this man is an unemployed, scrounging bum who uses drugs and has jumped on this opportunity.
7- we are hard working parents who just wanted a day out with the kids, he targeted us and we are terrified what is going to happen!
Please can someone shed some light on what we are to expect?
A few questions we have are
1- can our company pay him off if we don't agree?
2- what would he stand to gain if he was successful?
3- can we go to court as I would love to get my side across
Sorry for the length, any advice greatly appreciated!
Sam
I was really hoping someone could give me some advice?
In march 2011 my husband and I decided to take our 3 yr old daughter and 1 year old son to a play gym. My husband was driving and we needed cash to get in the gym. We didn't have any so decided to stop at a cash point to get some.
My husband pulled up next to one which was on a kurb (we know this bit was wrong). I got out and went to the ATM. As I stood at ATM some people stood behind me, I heard a male complaining about our car on the kurb so I quickly grabbed my cash a d got in the car. As I have got in I heard the same male say that he wasn't going to let us pass, I've then told him to stop being silly and to move out of the way as by this point he was pressed up against our bonnet.
My husband, at snails pace drove down the kurb with this male still pushing himself up against the car. We got past him and he then punched my car with a key in his hand causing small damage to the passenger door. My husband stopped and tried to find out what his problem was but it was getting heated so I told him to get in the car to go to the nearest police station. During this time the male dialled 999 and said it was a hit and run!!
We spoke with officers and everyone was satisfied that other than parking on the kurb we hadn't done anything wrong. We received a fine for the parking.
The man was not happy with police action and has decided to do a no win no fee and sue us. Our insurance company is acting on our behalf but I don't actually no what to expect from this or the process?
Several points regarding the incident
1- I'm a police officer and the male or his company are unaware of this. I could not have dealt with it as a police officer at the scene as I did not want my children witnessing anything more.
2 - we attended a police station immediately and the was no other police action other that a £30 ticket for being on the kurb
3- there was no CCTV or witnesses that I should have got at the time.
4- his parents were present and are obviously acting as his witnesses.
5- he walked round the corner to see attending officers and was taken to hospital only to be discharged shortly after.
6- I think he has managed to cause a bruise to his leg himself and is claiming it was our car.
5- I also believe he's claiming sleepless nights and depression.
6- this man is an unemployed, scrounging bum who uses drugs and has jumped on this opportunity.
7- we are hard working parents who just wanted a day out with the kids, he targeted us and we are terrified what is going to happen!
Please can someone shed some light on what we are to expect?
A few questions we have are
1- can our company pay him off if we don't agree?
2- what would he stand to gain if he was successful?
3- can we go to court as I would love to get my side across
Sorry for the length, any advice greatly appreciated!
Sam
0
Comments
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Yes, the insurers can pay him off if you do not agree.
He could receive anything up to a few thousand pounds, more even, depending on what his injuries are.
The case may go to court, but they rarely do, it is cheaper for the insurers to settle privately. If you insist on it going to hearing, it is quite possible that the insurer will wipe their hands of the case - you'll be on your own.
I despise "no win no fee" types, but I equally despise the few policemen that think they are above the law. Next time do as the rest of us have to, find a proper parking space.0 -
If he was close to the car I can't understand why anybody drove towards him surely reverse would have been a more viable option until clear of him. Once on the road him standing in the middle of the road would have been different0
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Forwandert wrote: »If he was close to the car I can't understand why anybody drove towards him surely reverse would have been a more viable option until clear of him. Once on the road him standing in the middle of the road would have been different
It sounds like a battle of wills, the pedestrian refusing to move, and the driver refusing to reverse - both as bad as each other!0 -
Yes, the insurers can pay him off if you do not agree.
He could receive anything up to a few thousand pounds, more even, depending on what his injuries are.
The case may go to court, but they rarely do, it is cheaper for the insurers to settle privately. If you insist on it going to hearing, it is quite possible that the insurer will wipe their hands of the case - you'll be on your own.
I despise "no win no fee" types, but I equally despise the few policemen that think they are above the law. Next time do as the rest of us have to, find a proper parking space.
Hey come on that's a bit unfair. The OP's husband didn't park on the kerb because the OP is a police officer, he parked on the kerb because that's what people do if they need to pop quickly to a cash machine. I've seen many, many drivers do it at my nearest cashpoint. I know it doesn't make it right but it happens. Also they didn't get away with it as they got a fine for it. Lighten up miduck.0 -
Its not unlikely that he suffered a leg bruicing as a result of your husbands reckless driving. Also, be open to the posibility that he punched your car in an attempt to stop you from leaving the scene after the leg bruicing.
Oh dear.6- this man is an unemployed, scrounging bum who uses drugs and has jumped on this opportunity.
7- we are hard working parents who just wanted a day out with the kids, he targeted us and we are terrified what is going to happen!0 -
I would have apologised when someone complained at the cash point and offered to move the car.
You have Insurance which will cover liability claims, the Insurers have the right to handle claims how they see fit which is normally settle the claim in the way that saves them money.
It's unlikely to go to court.
If you acknowledge the situation as described above, they will almost certainly pay for an injury claim as an incident has occurred.0 -
Surely, as a police officer, you knew that your husband was taking a risk by attempting to drive, even if it was slowly, with a pedestrian on his bonnet? Why didn't you advise this guy you were an off-duty police officer, show him your warrant card, and suggest that he should move on unless he wanted to get arrested??"You were only supposed to blow the bl**dy doors off!!"0
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It appears that husband purposefully drove a car into a pedestrian, Is that the case?0
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.................
A few questions we have are
1- can our company pay him off if we don't agree?
2- what would he stand to gain if he was successful?
3- can we go to court as I would love to get my side across
Sorry for the length, any advice greatly appreciated!
Sam
Hi Sam - this isn't an area being covered by our CAB representatives. We'd suggest calling our Consumer Helpline to see what advice and help they can provide (08454 04 05 06, 9am to 5pm, Mondays to Fridays), and getting expert legal advice on the matter - especially on whether there are options for going to court.“Official CAB Representative
I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"0
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