Third party car incident

Parking_Trouble

Countwells wrote: »

My insurance say there's a possibility I could go to court, which of course i'm prepared to do. Unfortunately the only witness was in my car and so is not independent....I would take a lie detector test if it would help, and invite her to do the same!

In a civil court the judges' decision is based on "the balance of probability", not "beyond reasonable doubt" as in a criminal court.

He will listen to both sides of the story - your passenger can make a statement.

On the balance of probability it is the car behind that is responsible for rear-end shunt. It is unlikely you will have reversed at a roundabout. Very likely to find in your favour in my opinion.

Countwells

In case anyone is reading this for future cases - a few weeks ago the 3rd party offered 50/50 split liability, to which I said categorically, no. Last week she settled, full admission of costs, case closed.

I hope if anyone else experiences the same thing they can take something away from this i.e. even if there are no independent witnesses if you have a mate in the car then that can swing it.....my solicitor reckons that hers would just have evaluated their chances and sacked it.

learningaboutinsurance

in my opinion, why haven't they questioned the fact that she claims you stalled and reversed surely would mean she would of had to been up real close to the back of your car and not length to which she could see your tyres. which i though would conclude she would be negligent for not being more passive and not allowing the seperation distance in the event you did stall and slighty reversed

for what its worth, in she is 100% liable for this