Could really use some advice, "Without Prejudice basis"

arielcohen

Thanks for your reply, Our car was a Toyota Yaris 1999 the damage to our car wasn't really that bad and being an old car it really wasn't worth us pursuing a claim to fix it if it meant that we wouldn't have to go through the hassle of making a claim. The damage to our car was around the wheel arch and because of the relative low value of the car ~£1,500 the assessor said that to replace the part and respray the whole side of the car wasn't economically viable and they wrote the car off.

I will definitely take your advice in regards to taking pictures, though cant he just say he misjudged the distance. I know it will show that he is backtracking his words, but to who will it show it to if the case doesn't go to court. I don't see his lawyers telling him to back down because of errors in his statement.

Since his insurers have already paid us out how would a 50/50 split work? Would the amount they paid us without prejudice basis have to be paid back? How would our excess work now since so far our insurance have not paid any money out.

I really appreciate all the advice, thanks guys.

arielcohen

pendulum wrote: »

From reading what has happened, I think a 50/50 settlement is a good one. As Hammyman says, if he was positioned to the left then began his U-turn, that's basically the same as pulling out from the side of the road in to the path of another car. He's a bit fortunate not to be found 100% liable.

That is what the other person is claiming, that my brother had parked his car on the right behind a row of cars and suddenly pulled out in front of him. Though my brother said he never positioned the car to the left before the 3 point turn. (he says my brother parked 100 meters infront of him, and he was traveling at 10-15mph which would take 40+ seconds for him to reach my brother, their stories are completely different. My brother saying he was trying to perform a 3 point turn without swinging out and him saying my brother parked on the left for over 30 seconds)

I have made 3 point turns on this road and not even including the point where my brother said he did the turn (which is the widest part of the road) I have easily managed to make the turn without swinging out to the left even though my car is at least half a meter longer then his yaris.

Like I said I am biased but I believe my brother when he says he didn't swing left before making the 3 point turn and from the amount of mistakes/lies that are on his statement, even the time of the accident is wrong by one hour but of-course after 9 months I have no chance of proving it. I highly doubt that the other drive is speaking the truth when he says that my brother swung out to the left.

arielcohen

Just spoke to 'my lawyers' and they said they are going to try and settle this claim 50/50, I have no say in this and they are going ahead with or without my consent as they feel that taking this issue to court will cost too much.

I was told that the numerous errors in his statement that can be proven such as the 200 meter bit or the fact that the first letter from his lawyers stated that the driver was a she. He wouldnt even send out a further letter challenging his statement rather just making the offer for a 50/50 and that's it I guess.