Totally unfair!!

As most of you might remember (!) I had a bad car accident last August and sustained a bad injury to my right leg. Instead of a prosecution I was sent on a Driver Awareness Course....and thoroughly enjoyed it. However, I've received mail this morning from the solicitor of the other driver making a claim against me!!!!!! The damn cheek of it! I was the one who was injured - you'd never believe what he's claiming happened to him - whiplash, chest pains, no car for 2 weeks, fear of driving, fear of sleeping.....the letter stated that he was driving at 30 miles an hour - witnesses say it was more like 80, in a 40 area, and that I sped out in front of him MAKING him collide with me!!!! I'm absolutely bouncing!!! I don't know whether to just send the forms to my former insurance company or whether to mount a counter claim!! The police took no action whatsoever against him!!!

OK, rant over...I know this has nothing to do with fibro...well it has, cos my fibro got markedly worse after the accident AND my leg has only just healed after continuous infections and 6 lots of antibiotics in 5 weeks!! The poor (!) lad was without a car for 2 weeks....I couldn't drive for 6 weeks!!!

I know no one ever said life was fair, but this really takes the biscuit!!!!!!

Love to you all by the way!!! XXX

9 Replies

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  • Hi Sue, I'm so sorry this has happened to you and if I were in your position I would immediately get in touch with a solicitor in your area, and ask for a free half hour consultation, which most provide. It sounds very much like the "poor lad" is trying to go for all he can get, but there are more things on your side than you think. you will have all the medical records to back up your sides of things. Please don't just send the documentation to your insurance company, fight this for you are the injured party, and it will only increase your premium and possibly effect your no claims bonus.

    If I were you I would ask for medical backup to substantiate what injuries he claims to have had, is he still driving.....I would think he probably is, is he sleeping, again I think this is a completely invalid claim and if you can fight it I would.

    Sorry for my ramble but I hate to see you being treated so badly.

    Sending you lots of positive healing vibes :-)

    Foggy x

  • Hi sue32

    I am so sorry to read your post about this and I quite understand your need to share a good rant! If I were you I would contact my solicitor and find as many witnesses as you can and defend yourself and your honour. I and I sincerely wish you luck in this pursuit.

    good luck

    Ken x

  • Well it's very stressful I can tell you that I had similar

    Thing happen to me, it was not my fault, but the man

    Involved had taken pictures of my car in the middle of

    The road and said that was the place I was driving, it

    Was not it was the place his great big 4 x 4 had pushed

    My car down a country lane my care was a write off not

    A mark on his.

    It took two years with a lot of stress in the end I had to

    Agree to a 50 x 50 split as the solicitors would not take

    It to court.

    I wish you luck, but it seems like it's not your fault so

    If they are saying it is you have to counter sue, or you

    Will have to pay high insurance.

    But again it is very stressful, and it's going to make you

    Very cross and frustrated.

    I wish you lots of luck

    Viv

  • Thanks guys! You wouldn't believe what he's claiming on the court form!! His solicitor claims I made an illegal move that caused the accident! I will admit, I turned right out of a supermarket car park when I should've turned left, but I checked totally that my exit was clear, and loads of other drivers make the same move, all the time. I can't believe that my witness statements didn't have a better effect! I've spoken to a law firm this morning; waiting for a call back, and the very nice lady said something doesn't sound right! Watch this space!!! XX

  • Hi Sue,

    I know this is frustrating, but it is designed to be - please believe me when I say this - I briefly worked for a company that dealt with this when I was a student.

    Firstly - the law is on your side - he drove into you, he needs to prove that you caused him to do so, and htat is tricky to do. You have witnessess, and I am sure your solicitor has written statements from them.

    This is a tactic from the insurance companies retained solicitors - it is their job to try to reduce the cost of claims to the insurance company they work for and they will do anything to achieve this goal - and are often laughed out of court.

    Where they success is in intimidating or riling the claimiant so that they behave in a manner that may discredit them in court. Also - as your solicitor has no doubt explained, if you respond to these claims it will show you take the claims seriously - your solicitor should only take any action as necessary. For example - they can claim you came down in a spaceship and set fire to their nostril hairs with a laser gun. Your solicitor will not dignify this with a response, a he knows the courts will not take this claim seriously.

    It is a tactic, you have a solicitor and he will have seen these tactics before. You as a claimant are rightfully shocked, but please do not rise to the bait - however hard that may be - and know that it will be harder for them to prove you drove out negligently than it is for you to prove that you drove out rightfully expecting oncoming traffic to be at the legal speed.

    best of luck to you

    M

  • Wow!! Thanks M....really opened my eyes reading your post! Aren't they swines?? It really is a compensation culture isn't it?? Should I send the paperwork to my former insurance company or what? I really have no idea what to do!!! XX

  • If the paperwork states the claim is against you, your car insurance company will probably not be able to assist you unless you have specific legal cover with them for claims against you ( this is normally available with most car insurance companies but is an additional premium that many drivers do not take out)

    If y ou do not have appropriate legal cover with your car insurance comapny, you will probably need to hire your own solicitor, as I would imagine the vale far exceeds small claims courts.

    Does the paperwork state that you are required to respond?

    sorry I cannot be of more help, but wish you the best of luck

    M

  • It does, but the guy who was trying to get me compensation said I should just send the paperwork to my insurance company. It does actually state that although I am the 'defendant', the case is against my insurance company. I have contacted a solicitor and I'm waiting for him to return my call. Thanks XX

  • Weeelll!! An update!! I've spoken to my insurance company and they are dealing with the twit's claim. The guy I spoke to was really nice and he said I shouldn't have received the paperwork at all; he thinks it's just another way to put pressure on me!! Ya don't say!!! Anyway, they're going to defend the claim, and I just have to send the paperwork to them.

    It's really taken the weight off my shoulders, I can tell you!! But thank you all for listening to an old woman's rants....love you all XXXXX :)

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