Advice on taking a 3rd party to court

systronics

Hi All
I was involved in an accident that was brazenly the fault of the 3rd party. He was overtaking a bus that had pulled over to let passengers off and I was travelling in my lane (going the opposite direction). As he overtook the bus he clipped my car.

At the scene he was apologetic but then speaking to his insurance company who took forever by the way, said it was my fault as my car was using the hatched road markings. After checking the highway code I found it was legal to use the road markings and I explained that to them with a diagram and the highway code that states its legal to use them.

They changed their story and said that he too was using the hatched lines and that they would settle 50/50 as they believed now that we collided together- again which was untrue.

I've had enough, My cover is third party F&T but I want to show him and his insurance company that they can't get away with it.

I apologise if this has been answered many times. To file a small claims court hearing where do I start?

Should I be taking action against the third party personally OR his insurance company?
I don't have his phone number OR address -just his reg number and insurance provider.

The insurance company won't provide me with his personal details so how do I pursue the court claim against him?

Any advice would be very much appreciated :A

Thanks

[Deleted User]

https://forums.moneysavingexpert.com/discussion/5714141
may be better to keep things in one thread for clarity.

Jonesya

You state you were in your lane but you then state you were using the hatched road markings - which would suggest you were outside your lane, in a hatched area?

We're you both in the hatched area when you collided?

weeowens

To find the registered keeper(may not be the driver ): https://www.gov.uk/request-information-from-dvla

weeowens

To take them to court: https://www.gov.uk/make-money-claim-online

bigadaj

If you were both in the hatched area then 50:50 sounds correct.

systronics

Wow! Thanks for all the replies everyone, this is amazing!

Well, on my side of the road there are cars parked to the left (it's quite a narrow street, most cars on my lane needed to use the hatched markings).

I was stationary in traffic, he was travelling in the opposite direction. When the bus pulled over to let passengers off he overtook it and very poorly misjudged it, I was sounding my horn to him, he was just in another world.

Although we were both using the hatched lines, I argue that he didn't have to OR at least should have attempted to overtake with care.

Comms69

systronics wrote: »

Wow! Thanks for all the replies everyone, this is amazing!

Well, on my side of the road there are cars parked to the left (it's quite a narrow street, most cars on my lane needed to use the hatched markings).

I was stationary in traffic, he was travelling in the opposite direction. When the bus pulled over to let passengers off he overtook it and very poorly misjudged it, I was sounding my horn to him, he was just in another world.

Although we were both using the hatched lines, I argue that he didn't have to OR at least should have attempted to overtake with care.

Were you moving at the time of collision?


If so, 50:50

atrixblue.-MFR-.

Comms69 wrote: »

Were you moving at the time of collision?


If so, 50:50

OP state they were stationary. Sounds like the third party was responsible for making sure they could pass safely and couldn't.

wgl2014

Problem is that without an independent witness it's the OP's word against the other drivers.

DoaM

And as per the other thread, he doesn't have one. (As in, the name/address of a witness).