car accident, now gone to soliciters

alistair.long

vaio wrote: »

as expected, none of the cases stated (that I or google can find) have facts even remotely similar to the OP

You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.

[Laws RTA 1988, sect 22 & CUR reg 103]


"http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860?CID=TAT&PLA=url_mon&CRE=highwaycode_parking"

vaio

Maybe I'm not making myself clear, when I said

vaio wrote: »

......Don't suppose you have any links to any case ever where a stationary parked car was ever in any way shape or form held responsible for damage caused when it was hit by a moving car?

I meant I don't suppose you have any links to any case ever where a stationary parked car was ever in any way shape or form held responsible for damage caused when it was hit by a moving car?

alistair.long

vaio wrote: »

Maybe I'm not making myself clear, when I said
I meant I don't suppose you have any links to any case ever where a stationary parked car was ever in any way shape or form held responsible for damage caused when it was hit by a moving car?

The cases refered to do have points, however most of them are in relation to lorries hitting cars.
I have also stated earlier that I have sued a person after I turned a corner wide driving a minibus. I was really annoyed as to how I managed to hit the vehicle leaving enough space.
I got out of the car, and quickly requested the other parties details to be on my way.
They were adiment that the car was stationary, I pointed the fact of their location and they wanted repair costs. I noted to them the case of dangerous parking on the highway.
And that I will have a case and they dont.
They refused to give me details so I called the Police. I filled out a self reporting form and did a MIB check to get the other parties insurance detail, requested the details from DVLA, then I issued court proceedings before they issued a fake claim for whiplash, and after a lot of chasing up it was finaly resolved 17 days before the hearing.

The problem I have now is not knowing the solicitors reason for settling before court.
Was it the fact that my skeleton argument was strong, or the fact that the solicitor will only recover £80 in solicitor fee's (after being super taxed £48) and reasonable costs (fuel, parking).

gordikin

alistair.long wrote: »

The cases refered to do have points, however most of them are in relation to lorries hitting cars.
I have also stated earlier that I have sued a person after I turned a corner wide driving a minibus. I was really annoyed as to how I managed to hit the vehicle leaving enough space.
I got out of the car, and quickly requested the other parties details to be on my way.
They were adiment that the car was stationary, I pointed the fact of their location and they wanted repair costs. I noted to them the case of dangerous parking on the highway.
And that I will have a case and they dont.
They refused to give me details so I called the Police. I filled out a self reporting form and did a MIB check to get the other parties insurance detail, requested the details from DVLA, then I issued court proceedings before they issued a fake claim for whiplash, and after a lot of chasing up it was finaly resolved 17 days before the hearing.

The problem I have now is not knowing the solicitors reason for settling before court.
Was it the fact that my skeleton argument was strong, or the fact that the solicitor will only recover £80 in solicitor fee's (after being super taxed £48) and reasonable costs (fuel, parking).

You turned a corner driving a minibus and then got of a car? Clearly the other vehicle had broken down and was awaiting assistance when you drove into it in your shape shifting vehicle...whose fault would that be?:rotfl:

naz101

Alastair.long,

I was not illegaly parked. I was stationary at a set of traffic lights infront of a yellow box, not on it. The driver came out of the t-junctions at a very tight angle which is why he hit me. it was a 2 lane each way road.

also I have told the insurance company this and they have stated that even if i was on the yellow box that does not give him the right to hit me!

I did not accept the £100 as
1) I have had the bumper repainted before when someone hit me and drove off. It cost me £300 to get it done properly
2) he did not offer to pay. he told me to pay myself!
3) repairs and hire car has cost £1000 not the £100 the guy stated

Also I could not have moved to a safe place as I had a car infront of me, the van driver moving into the other lane and a yellow box behind me!

I did not honk my horn as I was in a bit of shock, I got out of my car as I could not believe he had done that and to make sure there was a lot of damage. when i saw the damage i got him to pull over.

hope this clears this up.

oh and also I will not be saying I have whiplash and neither will the soliciters as this is a complete lie and I am not that sort of person!

alistair.long

thanks for answering a lot of the questions. The reason why whiplash was assumed is because most insurance companies will deal with the claim and will not forward it to Solicitors as solicitors dont take a case for £300 damage as they can only recover £80 solicitor fees, not worth the effort.
I therefore believe your insurance are dealing (claim handling company) with it and not solicitors, correct me if Im wrong.

As the accident happened while you were stationary in traffic. Pictures will help to prove you case.

Have you got 2 estimates and also price from autotrader to the other party.

It seems that you are just another number and you have a case from what you have stated, however what you will notice is that if you donot have a solicitor the case will not go any furthur soon.
What you may have to do is talk to the claim handling company to pursue the claim, they will then do what they can, eventually (after 4-6 months max) tell them to issue court proceedings.
They may say no so you will have to tell your insurance to use legal expence insurance, and then also urge them to issue a claim.

The cost of issuing a claim yourself is not much, for upto £500 its £50, upto £300 its £30. You should also pay a independant engineer £50-150 for a detailed report.
You can then claim £9.25 an hour limited to £48.

the good thing is that if you loose you pay £80 to the other party solicitor and you lost all your costs.
The bad thing is if you loose (judges make some crazy decisions), if they have a counter claim your insurance will have to deal with it.

naz101

a soliciter is definately dealing with it now as I received papers to state if I had incurred any costs and that if I dont sign the sheet about costs they will launch court proceedings anyway.

I didnt get 2 quotes as the insurance company uses a repair centre local to me so I went there. thats why the insurance company just dealt directly with them and settled costs with them

They have stated the overall repair cost £700 as my light was damaged and they had to remove the bumper to spray it.

dacouch

Are you with one of the Admiral companies

naz101

i am. im with elephant. im really really hoping you are not going to say im in trouble...

naz101

ok a little update.

I called the solicitor to find out if they had received all of my documents.

She has now informed me that the insurance company are asking how I obtained the drivers info and their info as the driver is denying that he was even there!!!! She is now in the process of issuing court proceedings

what the hell???