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    • Denny54
    • By Denny54 6th Mar 18, 2:42 PM
    • 10Posts
    • 0Thanks
    How to proceed?
    • #1
    • 6th Mar 18, 2:42 PM
    How to proceed? 6th Mar 18 at 2:42 PM

    I had an accident more than a year ago with a nationalgrid van.
    I was approaching the roundabout and i saw him coming from my left as well so i thought he would stop to give me way because i have right of way so i didnt break or anything and continued to go straight (i was taking the 2nd exit) and he just came onto the roundabout as well and i’ve hit him near the back tyre on the right.
    We both pulled up and he started blaming me because apparently he was on the roundabout first etc.
    His insurance company insisted on me taking the full blame for it but i didnt, i took my claim to a AMC and they said it wasnt my fault they arranged repairs and sorted me out with a hire car and a solicitor.
    The TP insurers stayed put on him being on the roundabout first and blamed me up until a month ago where they sent my solicitor a letter saying they are prepared to do 50/50 but i declined this.
    Now my solicitor is saying either accept that offer or take your claim elsewhere because they will not take it to court because there is no witnesses and its my word against his.

    Im confused as to what to do now?
Page 1
    • Morph4610
    • By Morph4610 6th Mar 18, 3:46 PM
    • 90 Posts
    • 34 Thanks
    • #2
    • 6th Mar 18, 3:46 PM
    • #2
    • 6th Mar 18, 3:46 PM
    Hi Denny, sadly without any clear evidence e.g. independent witnesses or video footage, it is mostly your word against his. Slightly surprised that the AMC were so convinced you weren't at fault. 50/50 might be your best option though I can appreciate this is very frustrating based on the advice you've had
    • Denny54
    • By Denny54 6th Mar 18, 6:14 PM
    • 10 Posts
    • 0 Thanks
    • #3
    • 6th Mar 18, 6:14 PM
    • #3
    • 6th Mar 18, 6:14 PM
    I had an independent witness that filled in my solicitors form but latwr he decided to say he wont attend court
    The witness statment has to count for something..?
    • FutureGirl
    • By FutureGirl 8th Mar 18, 7:59 PM
    • 1,046 Posts
    • 430 Thanks
    • #4
    • 8th Mar 18, 7:59 PM
    • #4
    • 8th Mar 18, 7:59 PM
    If you take your claim elsewhere you'll have the same outcome.

    Accept the 50/50.

    If you decline 50/50 it'll go to Court. A judge will listen to what you say, and what the other driver says. When I last went to a liability hearing (3 weeks ago) the judge didn't put much weight on the witness statement, as the witness wasn't there to be cross examined.
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