Neither admitting fault - threatening with court procedures

LauraCow

In February I was involved in a small accident. Neither of us will admit fault.

I was following a car down a road and they swerved into the opposite side of the road as if they were going up the street on the right and swung in front of me to get into a car parking space on the left side. No indication, no signals. I was travelling around 5mph as I was slowing down to drop my partner off at the shop.

The cars impacted causing damage to my front driver light (Only minor cosmetic damage) and on his (partners) car it was scratches down the front passenger door around 0.75m long.

The other party got out his car start hurling abuse at myself and my partner then opening my partners door continuing with the abuse. After a while he managed to calm down and exchanged details.

I informed my insurance (Hastings) that same night and never heard anything until I chased it again a few weeks later and they stated they hadn't heard anything from the other parties insurers and theyll get in touch when they do.

Fast forward another few weeks and I get an email from my insurance asking for me to double check information and they'll also send me a pack through the post. The other party said it was on a complete different road, I didnt attempt to break and that my story was all wrong. I sent all this back and never heard anything.. again.

Now today I received a letter from Carpenters Law claiming that it is my fault and that if I dont respond in 14 days then it will go to County Court Proceedings and Ill have to pay everything. The guy is claiming loss of earnings at an extortionate rate. The bit that got me was on the letter it says "Please send us your insurance details".

I'll type the letter up in full but its the wrong street again, I've not heard back from my insurance. I contacted Hastings about this and they said they have received the same letter but I have to speak to the Third Party team?

Any advice what to do next? Its got me so worried about being threatened with courts... is this just them trying to scare me?

If you need anymore details I'll try to respond asap.

stator

Speak to your insurer again. They should be handling all of this.
Make sure you're speaking to someone in the proper department and not just general customer service.

AdrianC

You were following a car... and the front of your car hit their car half way down the side?

When they swung right, then left, did you not think "Hmm, I wonder what on earth's happening here?" and stop to let them figure it out?

Leave it to your insurance. Provide them with full details, and let them figure it out.

chrisw

Don't speak to the third party team, pass everything to your insurer and speak only to them.

neilmcl

^As above. Do not contact the TP's solicitor just pass on everything to your insurer.

Carrot007

I took it to mean third party team, not third paty's team. So a department at their insurers.

Stoke

To be quite honest, the driving in front of you was utterly terrible, but if I see someone doing some bizarre terrible driving, I tend to lean off a bit. It's a weird one as I can see why you feel as though it's not your fault. They've almost t-boned you, but at the same time, they can argue you were 'driving too close' or something like that?

Strider590

Stoke wrote: »

To be quite honest, the driving in front of you was utterly terrible, but if I see someone doing some bizarre terrible driving, I tend to lean off a bit. It's a weird one as I can see why you feel as though it's not your fault. They've almost t-boned you, but at the same time, they can argue you were 'driving too close' or something like that?

It's basically someone swinging right in order to make a clean tight left hander, they didn't indicate and they are idiots.
BUT, as you said, if I see someone do something odd like that, i'd be right on the brakes.

So I think this is a classic 50:50.

Just one hour ago I was pulling up to reverse into a parking space in the local Aldi carpark, when the impatient young lady behind decided to roar past through the tiny gap between me and my parking space as I was reversing and I suspect OP did very much the same sort of thing... Totally focused on getting past, not looking at what the car was actually doing.

DoaM

I agree, as technically the OP drove into the other party.

liltzero

It's your fault, admit fault and get on with your life. Life's too short.

maninthestreet

If you were travelling at only 5mph, how come you couldn't stop in time??