Something for the legal brains out there

studley

Hi guys, I need some advice...

Had this crash 2 and a half years ago, still grinding its way slowly through the legal process and at this rate wont actually get into a court for at least another 18 months, par for the course I guess....but I do not see any way I can last that long....

The problem basically is that the other party lied on his statement to put the blame on me, his whole statement is a complete fabrication even claiming that the collision was in a different location to suit his version....it wouldn't take long for a decent interviewer to rip his version to bits....

Now this is the question....

If I was to phone him, and start by saying "hi, this is john and i'm calling about the claim on your Dodgy Insurer Ltd policy number 1010, we need some additional information regarding your statement" then took him through "security" to verify who he is and and gave the standard statement on calls being recorded then followed that by fully interviewing him about his statement ON TAPE ...

Would it get me into trouble, prejudice my claim, or be admissible as evidence against him?

BertTheRaccoon

Probably would not be admissible in evidence due to the method used to obtain it.

You would probably fall into the category of "agent provocateur".

You are probably best off just waiting for your day in court. In my experience, people who are usually winging it normally come unstuck with their evidence and start to contradict themselves.

Essentially, when it is just 1 person's word against the other, credibility & consistency is what wins the day.

studley

Thanks Bert, that is a good point

The problem is that waiting for your day in court can take quite a time, so far 2 and a half years and proceedings haven't even been issued yet, realistically it can be four years from the accident until you get that day in court...but in the mean time having no transport meant I couldn't get to work and lost my job, couldn't pay my bills and lost my home, and so on...he on the other hand will have his no claims through the entire time and and even if he comes unstuck will have earned his no claims back by then - there is no penalty for his lies (I know there are laws against this but without hard evidence they are never enforced)

BertTheRaccoon

Is there any reason why your solicitors have not yet issued proceedings against the other party?

Are you injured and still getting medical evidence together?

If your claim can be fully quantified, then I would give your solicitor instructions to get a move on with matters.

studley

still getting evidence together over the medical issues

had to change solicitor part way through which caused the delay, had originally gone with an ambulance chaser that have a contract with my insurer to handle their claims and thereby gain all the injury/ uninsured loss claims, they were useless but caused many delays and problems