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Car Accident - Small Claims Court
needaname15
Posts: 26 Forumite
in Motoring
Hi all,
I am due to attend small claims court soon over a car accident that happened almost two years ago now.
Long story short both myself and the third party dispute liability, it has been dragged out for a very long time by the third party taking the longest time possible to reply to any correspondence. This is all going through the insurer, I have not pursued this court claim independently. I have not paid any fees or incurred any costs, I am simply hoping for my excess and premiums to be refunded if I win the case.
Basically I was travelling in the left only lane approaching a roundabout, the third party was tailgating a car in the middle lane (also left turning), third party becomes impatient and violently swerves into my lane and slams their brakes on right near the give way at the roundabout. I collided with the back of the third party vehicle as I had literally no time to react. There was no reason to come into my lane, they could have turned off in their lane however clearly wanted to jump in front.
Initially when the court preceding started the third party offered to settle 50/50, however I rejected this and continued to stand my ground. We exchanged witness statements the other week and the third party admits that they changed lanes and also states that they are not sure they if indicated or not when doing so. Their statement is very fluffy and includes a lot of 'not sure' and 'I think'. However, they are blaming me saying I admitted guilt at the scene and failed to stop in time. I did not admit guilt at the scene, but I was very concerned for their welfare as they kept walking into the road and acting very odd.
I also have photographic evidence of the third party standing barefoot outside their vehicle straight after the collision. I understand that this is not illegal, however it is illegal not to be in proper control of a vehicle and I would argue driving barefoot is not very responsible and contributed to their irratic driving.
What sort of chance do I stand at small claims court? I'm worried the judge is just going to say you drove into the back of the third party therefore it is my fault. I literally had no time to react and could not predict such an irrational maneuver in time to avoid a collision.
Thanks in advance
---
This was posted in another area of the forum, I have reposted here upon request.
I am due to attend small claims court soon over a car accident that happened almost two years ago now.
Long story short both myself and the third party dispute liability, it has been dragged out for a very long time by the third party taking the longest time possible to reply to any correspondence. This is all going through the insurer, I have not pursued this court claim independently. I have not paid any fees or incurred any costs, I am simply hoping for my excess and premiums to be refunded if I win the case.
Basically I was travelling in the left only lane approaching a roundabout, the third party was tailgating a car in the middle lane (also left turning), third party becomes impatient and violently swerves into my lane and slams their brakes on right near the give way at the roundabout. I collided with the back of the third party vehicle as I had literally no time to react. There was no reason to come into my lane, they could have turned off in their lane however clearly wanted to jump in front.
Initially when the court preceding started the third party offered to settle 50/50, however I rejected this and continued to stand my ground. We exchanged witness statements the other week and the third party admits that they changed lanes and also states that they are not sure they if indicated or not when doing so. Their statement is very fluffy and includes a lot of 'not sure' and 'I think'. However, they are blaming me saying I admitted guilt at the scene and failed to stop in time. I did not admit guilt at the scene, but I was very concerned for their welfare as they kept walking into the road and acting very odd.
I also have photographic evidence of the third party standing barefoot outside their vehicle straight after the collision. I understand that this is not illegal, however it is illegal not to be in proper control of a vehicle and I would argue driving barefoot is not very responsible and contributed to their irratic driving.
What sort of chance do I stand at small claims court? I'm worried the judge is just going to say you drove into the back of the third party therefore it is my fault. I literally had no time to react and could not predict such an irrational maneuver in time to avoid a collision.
Thanks in advance
---
This was posted in another area of the forum, I have reposted here upon request.
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