Found at fault for car accident

thriftyemma

Hi,
My apologies if this is in the wrong place, I don't normally frequent these parts.
I'll try to keep it brief

Last Feb, I was involved in a low speed collision, in a car park. I was reversing back down the main aisle, another vehicle was also reversing out of his space, and we met in the middle. Nothing major, and all easily fixed through insurers.

Then, other party claimed it was entirely my fault, as he was stationary. Solicitors got involved, and myself and my OH, who was the passenger, filled out witness reports, and sent them back to solicitors. I then received notice that I need to attend a hearing.

A couple of weeks before the hearing, my solicitor informs me other party has independent witness, and a written letter saying other driver WAS stationary. I still totally disagree, and solicitor says I have a good case and is happy to proceed.

On the day of the hearing, the other party's witness does not show up. The letter he has written is classed as hearsay, and not given much weight. I then find out, that because my OH is also not present, his witness statement is also classed as hearsay.

Giving his ruling, the judge says he mainly goes on mine and other driver's statements, and that the although only hearsay, the independent witness letter means on the balance of probability, I am at fault.

I am fuming! At no point did my solicitor inform me or my OH that he needed to attend the hearing. I do not know for certain that his witness statement would have affected the outcome, but it certainly would have had more weight if he'd have been there.

Now, I have lost my NCD, and my insurance premium will double. Is there anything I can do? TIA

bigjl

Let's not forget that reversing a significant distance in a car park is not expected.

But what should be expected is somebody reversing from a space.

Though if your facts are correct I wonder where this other "independant" witness came from and just how independant they actually are.

Where you informed of a right of appeal after the process? If there was one you would have to be informed of it.

Aretnap

If you have a solicitor involved then he's probably better placed to advise you on your options now than we are but for what it's worth...

An (allegedly) independent witness will always carry more weight than your other half. Unless you have actual evidence to show that the witness and the driver are connected, and suspicions about his independence are just that - suspicions.

If the judge had accepted your version of events (ie that you were both in motion and reversing) then a very likely outcome would have been split liability, ie you would both have been found partly to blame. This would have had exactly the same effect on your no claims bonus and future premium as being found fully at fault - the only practical difference it would have made to you would have been that you'd have got some of your excess back. So you could have "won" and been little better off than you are now.

To be honest I'm mildly surprised that the insurers allowed this to get as far as a courtroom.

I'm not sure there's much you can do now beyond shop around at renewal time and try to get your premium down.

Silver-Surfer_2

You need to act quick as you have 14 days in which to lodge your appeal unless they told you otherwise. Your grounds for appear can be because th decision was

Wrong (in that it erred in law or in fact or in the exercise of its discretion).
Unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

However you need to be honest with yourself and take legal advice. The one fact you need to consider is were you moving immediately before the point of impact? By that I mean did you reverse into a car that was either moving or stationary? If you did at best you'd still be liable to some degree.

Retrogamer

Did you reverse into the side of the other vehicle, or they did reverse into the side of your vehicle?

thriftyemma

Thanks for all of your replies.

bigjl wrote: »

Let's not forget that reversing a significant distance in a car park is not expected.

But what should be expected is somebody reversing from a space.

Though if your facts are correct I wonder where this other "independant" witness came from and just how independant they actually are.

Where you informed of a right of appeal after the process? If there was one you would have to be informed of it.

I did not see anyone in the carpark, and I didn't see anyone get out their car at the time of the accident. The other driver claimed the independent witness came forward after I left. The only evidence was a hand written note, on bog standard lined paper. But I have no proof of anything untoward.

I was not informed of any right to appeal. Going by what Aretnap has posted after you, it looks like I have no grounds for appeal anyway.

Silver-Surfer wrote: »

However you need to be honest with yourself and take legal advice. The one fact you need to consider is were you moving immediately before the point of impact? By that I mean did you reverse into a car that was either moving or stationary? If you did at best you'd still be liable to some degree.

I was reversing at the point of impact. The other driver was reversing in to the same space. I had to reverse, as there was a 3rd driver coming towards me, there was no space to pass, and they could not reverse themselves. The judge did say I was not wrong for doing this.

Retrogamer wrote: »

Did you reverse into the side of the other vehicle, or they did reverse into the side of your vehicle?

The other car impacted the side of my car.

So, I have been dealing with a particular solicitor, should I talk to them, and explain my problem? Or should I contact another solicitor? I feel my solicitor in this case messed up, it was her fault my OH did not know to attend court. Like I say, I know it might not have changed things...

Silver-Surfer_2

thriftyemma wrote: »

Thanks for all of your replies.



I did not see anyone in the carpark, and I didn't see anyone get out their car at the time of the accident. The other driver claimed the independent witness came forward after I left. The only evidence was a hand written note, on bog standard lined paper. But I have no proof of anything untoward.

I was not informed of any right to appeal. Going by what Aretnap has posted after you, it looks like I have no grounds for appeal anyway.



I was reversing at the point of impact. The other driver was reversing in to the same space. I had to reverse, as there was a 3rd driver coming towards me, there was no space to pass, and they could not reverse themselves. The judge did say I was not wrong for doing this.



The other car impacted the side of my car.

So, I have been dealing with a particular solicitor, should I talk to them, and explain my problem? Or should I contact another solicitor? I feel my solicitor in this case messed up, it was her fault my OH did not know to attend court. Like I say, I know it might not have changed things...

The one question then is, why didn't you stop? Personally I don't see any point in taking this further.

neilmcl

thriftyemma wrote: »

I was reversing at the point of impact. The other driver was reversing in to the same space. I had to reverse, as there was a 3rd driver coming towards me, there was no space to pass, and they could not reverse themselves. The judge did say I was not wrong for doing this.

It starts to get a bit clearer now, you were both fighting for the same parking place?

thriftyemma wrote: »

The other car impacted the side of my car.

How does that happen if you're reversing down the main stretch and he was reversing INTO the car park space?

Quentin

The very best you can hope for if you appeal will be a 50/50.


The cost of the appeal will be a waste of time and money, as 50/50 makes no difference to the effect this incident has on your future insurance (it is still a fault claim on your record)


All you will "benefit" by in the (highly) unlikely event you manage to get it as 50/50 is being able to reclaim half your excess (and any other uninsured losses) off the third party

thriftyemma

Silver-Surfer wrote: »

The one question then is, why didn't you stop? Personally I don't see any point in taking this further.

I stopped as quickly as I could when I saw the other driver.

neilmcl wrote: »

It starts to get a bit clearer now, you were both fighting for the same parking place?


How does that happen if you're reversing down the main stretch and he was reversing INTO the car park space?

Apologies, I haven't made myself very clear. I was in a small, square shaped carpark, vehicles parked to my left and right. I was in the centre aisle, driving towards the exit. The exit lane is one car width only. There was a 3rd car entering the car park, and they could not reverse to let me out. The only option was for me to reverse a short way back down the centre aisle. The other car involved in the accident was parked in a space, behind me and to my right. He reversed out of his space, in to the centre aisle. He did not see I had also started reversing, and he connected with the side of my car. I hope that makes sense.

Quentin wrote: »

The very best you can hope for if you appeal will be a 50/50.

The cost of the appeal will be a waste of time and money, as 50/50 makes no difference to the effect this incident has on your future insurance (it is still a fault claim on your record)

All you will "benefit" by in the (highly) unlikely event you manage to get it as 50/50 is being able to reclaim half your excess (and any other uninsured losses) off the third party

Thank you, you have explained it very clearly. Do you think it would make any difference complaining to my solicitor who handled the case? As you say, it would not affect the outcome of the case, or my premium, but I think she made a mistake, and should be accountable for that.

Ant555

The other car impacted the side of my car.

Unless your car can move sideways then how is it possible to hit the other driver with the side of your car if he was 'stationary' as he claims?

The hearing obviously found differently but from that description it definitely sounds like the other car drove into you.