Found at fault for car accident

neilmcl

Ant555 wrote: »

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.

I was thinking that. If he connected with the side of the car then surely he hit the OP, not the other way round. And yes, the OP, perhaps, could have avoided the incident so I'd pretty much err on it as a 50/50.

shaun_from_Africa

Ant555 wrote: »

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?

Quite easily.
All it would take is for the other car to be stationary with the OP reversing towards it and then at the last moment, the OP's car swerving whilst still moving.
This could easily cause the side of the OP's car to hit the wing or bumper of the non moving vehicle.
This should show up easily enough if the impact marks were examined as it wouldn't be a simple dent as there would be denting and rippling of the panels.


I'm not saying that this is what happened, but it might be what the other driver claimed happened.

Quentin

thriftyemma wrote: »

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.

It won't make any difference to the court's decision.


Though you have every right to complain about what you feel is the solicitor's poor service.


The paperwork you got when first instructing the solicitor should set out their complaints procedure.


If you are unhappy with the reply you can escalate the complaint to the Legal Ombudsman

bigjl

Was this hearing at the County Court?

Balance of Probabilities is often used in arbitration proceedings isn't it?

As Silver Surfer says there must be a right of appeal on both sides surely?

14 days sounds about right for an appeal to be lodged to me.

I wasn't aware that a signed written statement could be considered heresay. But I am not familiar with the process you have been involved in.

Perhaps due to it happening on Private Property.

You added that the other party was going for the same space?

Where you reversing in and they decided to drive straight into it forwards?

neilmcl

bigjl wrote: »

Was this hearing at the County Court?

Balance of Probabilities is often used in arbitration proceedings isn't it?

As Silver Surfer says there must be a right of appeal on both sides surely?

14 days sounds about right for an appeal to be lodged to me.

I wasn't aware that a signed written statement could be considered heresay. But I am not familiar with the process you have been involved in.

Perhaps due to it happening on Private Property.

You added that the other party was going for the same space?

Where you reversing in and they decided to drive straight into it forwards?

She clarified that this wasn't the case. (see post #10)

Silver-Surfer_2

bigjl wrote: »

Was this hearing at the County Court?

Balance of Probabilities is often used in arbitration proceedings isn't it?

As Silver Surfer says there must be a right of appeal on both sides surely?

14 days sounds about right for an appeal to be lodged to me.

I wasn't aware that a signed written statement could be considered heresay. But I am not familiar with the process you have been involved in.

Perhaps due to it happening on Private Property.

You added that the other party was going for the same space?

Where you reversing in and they decided to drive straight into it forwards?

I'm not sure about county court but in magistrates court they can accept a statement section 9 providing it's agreed. As the other party was disputing the partners version of events then they have the same rights in county court to question their version. As the partner was not present there was no evidence as the statement wasn't accepted.
As with most crashes this will be classed as a public place.

almillar

If the damage really is strictly to the side of your car, and not at all at the back or front, this surely should prove that the other driver hit you, since you can't drive sideways. I hope this description was made clear to the judge. If you know you're right here, appeal it.

Silver-Surfer_2

almillar wrote: »

If the damage really is strictly to the side of your car, and not at all at the back or front, this surely should prove that the other driver hit you, since you can't drive sideways. I hope this description was made clear to the judge. If you know you're right here, appeal it.

Reversing with a bit of lock into something would do it.

almillar

Reversing with a bit of lock, into the side of a car, will still mark only the side of that car. I take it you're thinking of the reversing car. If there IS damage to the front or back of OP's car (yes, perfectly possible) then it's just not quite as clear cut.