Advice with my accident please

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barmyarmy
Posts: 1
Joined: 8 Mar 2014, 4:20pm

Advice with my accident please

Postby barmyarmy » 24 Jun 2014, 8:09pm

Hi all 1st time on site,did join a few months ago to find some info following my accident.
to cut along story short a car drove into me as i was going round aroundabout, this resulted in agrade 4 broken hip.This happened at 7.30am at rush hour outside the Nissan car plant.the driver stopped and apoligised saying he didn,t see me for the low sun blinding him.After 3 pins and a week in hospital i got home,2 weeks later the police informed me the driver had been interviewed under caution and had admitted liability,
i was knocked over on 30th oct 2013 ,operated next day ,i have really struggled in many different ways, i returned to work on 13th may 2014 only because we were on our knees with debt as i was only getting £350 a month.i know i shouldnt be back at work as i,m really struggling with pain and fatigue but needs must.
on the 16th june my solicitor phoned to tell me that the driver is now not admitting liability in fact saying i went into the back off him.
then on the 18th june a found out that the driver had in fact pleaded guilty to driving without due care and attention in court on the 27th may.
now i am no idiot but this has me bewildered and emotionally drained ,has this type of thing happened to anyone else, my solicitor says shes never come across anything like this before.

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BeeKeeper
Posts: 1265
Joined: 29 Apr 2011, 6:45am
Location: South Devon

Re: Advice with my accident please

Postby BeeKeeper » 24 Jun 2014, 9:06pm

Sounds like the driver changed their story and then changed it back again. It is their right but I suspect their solicitor suggested they were on pretty weak ground.

Mark1978
Posts: 4912
Joined: 17 Jul 2012, 8:47am
Location: Chester-le-Street, County Durham

Re: Advice with my accident please

Postby Mark1978 » 24 Jun 2014, 9:17pm

Pretty normal tactics in an attempt to get you to back off. Then they admit liability before they get found liable in court.

TonyR
Posts: 5390
Joined: 31 Aug 2008, 12:51pm

Re: Advice with my accident please

Postby TonyR » 24 Jun 2014, 9:36pm

I think its more complex than that and happened when my mother's car was hit by an HGV that changed lanes into her. The case went to Court and he was found guilty of driving without due care and attention but when it came to damages in the Civil Court the conviction carried no weight and we had to start a new case from scratch.

I would ask the police for a copy of his statement now the criminal case is finished and confront the insurance company with his admission of liability

thirdcrank
Posts: 30805
Joined: 9 Jan 2007, 2:44pm

Re: Advice with my accident please

Postby thirdcrank » 24 Jun 2014, 9:58pm

I can't offer you any advice, especially as you have already instructed a solicitor, but here's a bit of an explanation.

The police role is to investigate criminal offences (eg careless driving) with a view to prosecution. A conviction leads to punishment. This is about "guilt" rather than "liability" for a "tort" or civil wrong (eg negligence) which has to be established to achieve a civil claim for compo. This is a private matter for the injured person and nothing directly to do with the police, although the evidence gathered by the police can be used as the basis for a claim and it's even better if it leads to a conviction. (A claimant's solicitor can buy a copy of the police accident report and will normally do so as a matter of routine.)

Civil claims rarely go to court and are usually settled through negotiation, which can be prolonged. In driving cases, most of the negotiation is with insurance companies who won't rush to cough up, but can see the writing on the wall no matter how much their policyholder may prevaricate. If a driver is uninsured, then the Motor Insurance Bureau (MIB) acts as though it were the driver's insurer.

A civil action involves two separate elements, of which establishing liability is the first. The second is deciding how much. With personal injury cases, this is largely a matter of applying the established scale rates to the medical evidence of injury. It's unwise to rush to a settlement till the full extent of injury and any disability are clear.

(Tony R posted while I was writing this.)

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NATURAL ANKLING
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Joined: 24 Oct 2012, 10:43pm
Location: English Riviera

Re: Advice with my accident please

Postby NATURAL ANKLING » 24 Jun 2014, 10:08pm

Hi,
As thirdcrank says, DONT rush for settlement (believe you have three years from accident to start claim ? ) I did not but today I would probably have received considerably more as more is known about my deficient imune system.
A good soliciter will (we hope) look carefully at your injuries and the way your health might be affected in the future, even if they tend simply to go on whats wrong now, not what might happen to your health later :?:

Edited - P.S. - I made a claim on my partial dislocation and now permanant, colar bone, my GP said If I was older it would be a permanant disability it is now,
and I did not think till now that my pain whilst cycling a stabbing pain in the shoulder could be connected :?:
NA Thinks Just End 2 End Return + Bivvy
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Postboxer
Posts: 1747
Joined: 24 Jul 2013, 5:19pm

Re: Advice with my accident please

Postby Postboxer » 26 Jun 2014, 12:01am

Does the damage to your bike not support your version of events also? If possible your solicitor should get a copy of their police statement where they admitted liability, along with details of any repairs they had to their car.

I think first thing to do is to check if they are still disputing liability after the conviction.