I am worried sick

pampam

BertTheRaccoon wrote: »

I suspect the person who hired the vehicle, who the OP says is a drug dealer, is well known to the police and odds are they are probably after him for bigger matters than a hit & run. That is why the police have not gone further with a prosecution here.

Check your home legal cover, but there is probably a clause that excludes pursuing claims againt untraced third party drivers. If there isn't then you may well be on the road to having a solicitor deal without taking a cut of the winnings, but you will have to start over from scratch with a new solicitor firm as they won't agree to cover the costs of a solicitor who is not on their panel.

Thanks for the advice.
I will look into that

magpiecottage

pampam wrote: »

Yes same person.

The whole story is a load of bull but the police say they know it is but they cant prove it??

The police will be looking at criminal law - for which you need to prove beyond all reasonable doubt to secure a conviction.

For compensation, you are dealing with civil law and the burden of proof is only on the balance of probabilities - i.e. more likely than not.

If the car is hired to somebody and involved in an accident then a protestation that it had been stolen might cause reasonable doubt but a court might still thing it most likely that it had not been stolen at all.

pampam

If we went down the Civil Court route and the person was found guilty who would then be resonsable to pay compen?
ie the driver or the insurance company?
Thanks
Pam

pampam

Sorry should read "responsable"

BertTheRaccoon

pampam wrote: »

If we went down the Civil Court route and the person was found guilty who would then be resonsable to pay compen?
ie the driver or the insurance company?
Thanks
Pam

I would say you would still struggle to prove " on the balance of probabilities" that it was him driving. He would still be looked at as an untraced driver, so I would advise continuing with the MIB.

pampam

hi
I am just posting this update and asking for more advice please.

The MIB have turned down the claim. (See all above posts).
We can now appeal but I don't know which way to approach this. The solicitor has offered to do it but we have to pay the charges plus a percentage if we win.
Do we really need a solicitor to do this or would a personal, from the heart, appeal be just as good?
We expected to get at least a 50/50 offer but never thought we would get nothing.
Any advice very much appreciated
Thanks
Pam

dacouch

Have the MIB sent you a letter confirming they will not pay the claim, if so what exact reason do they give for not paying?

pampam

They say that Simon took a chance on crossing the road as a witness said that the amber light was flashing

Quentin

If that was the case, then you look stuffed. The MIB are taking the same stance an insurer would do. If there is no-one negligent (but your husband) then no chance of a payout.

Your idea of a "from the heart" appeal is unrealistic. This is a business decision, and the "heart" just doesn't come into it.

pampam

pampam wrote: »

They say that Simon took a chance on crossing the road as a witness said that the amber light was flashing

It was a 4 lane road with a bus lane at each side.
In Simons statement to the police he says that the green man was on when he stepped into the road. When he was in the bus lane the lights started flashing so he quickened his pace.
The witness says the lights were flashing when Simon stepped on the crossing.