Accident - No one in driving seat - still being blamed due to no independent witness!

Autumnella

Do you have legal protection? Isn't that what this is for? If not it might be worth speaking to a no win no fee solicitor?

motorguy

Autumnella wrote: »

Do you have legal protection? Isn't that what this is for? If not it might be worth speaking to a no win no fee solicitor?

Any decent solicitor will give you a free consultation and let you know what your options are.

Thats what i'd be doing - as tempting as producing a witness might be.

Sad world we live in now....

Aylesbury_Duck

Autumnella wrote: »

Do you have legal protection? Isn't that what this is for? If not it might be worth speaking to a no win no fee solicitor?

From what I read on here, legal protection is nothing but a high-margin add-on for the insurer's benefit. It seems that unless they are convinced of winning a case, they simply won't pursue it on your behalf.

Car_54

Aylesbury_Duck wrote: »

From what I read on here, legal protection is nothing but a high-margin add-on for the insurer's benefit. It seems that unless they are convinced of winning a case, they simply won't pursue it on your behalf.

If you were paying a solicitor, and your case was hopeless, you'd expect him to tell you that, instead of wasting your money on further action.. Why would an insurance company think differently?

Aylesbury_Duck

Car_54 wrote: »

If you were paying a solicitor, and your case was hopeless, you'd expect him to tell you that, instead of wasting your money on further action.. Why would an insurance company think differently?

They wouldn't, but many people buy legal protection in the mistaken belief that it is some sort of catch-all product that looks after their interests.

IamNotAllowedToUseMyName

I would go down the fraud route with the police. That being said, your insurers should not be blindly accepting the independent witness given your story, they should be challenging this, and suggesting that it is fraudulent to put forward a witness who did not see the event. You should forcefully go back to your insurers and point out that they are suggesting that in accepting the other party's story over yours they are in fact accusing you of fraud.

I would also say that the insurers are wrong to dismiss the witness statement of your passengers entirely. Although they do not carry the same weight of an independent witness, someone prepared to make a statement under oath (for example) does carry weight. I would be suggesting that given the independent witness seems to be making something up, then they should be required to make a statement under oath - and at risk of perjury.

Wig

post the pics, a photo says a 1000 words, have you looked at the area for cctv and requested footage? did anyone else see it that you can go back to?

macman

Presumably once he saw the repair quote, he's decided that he'd rather not settle it privately at all...