MoNkEy MaGiC
Member
Registered: 12th Apr 03
Location: West - London Drives: Corsa GSi
User status: Offline
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my brother had accident SEVEN months ago!
he was driving on a 20mph zone with no road/lane markings and the only other car was in front, it pulled completely into the other lane and just stopped for a few seconds by which time my bro drive past and the next thing you know the other driver has hit my bro's drivers side rear quarter in an attempt to pull back into the lane/park up!!
and so far my bro has been winning the claim... however the other day we got a letter from the third party insurance dated FOUR months AFTER the accident and i just received it now 7 months after the accident saying they have a witness saying it was my brothers fault!!!
this witness did not exist and has been made up!!!!
what can we do? we need to reply back in writing!
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corsa_godfather
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Registered: 6th May 03
Location: Greenock,Scotland
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say u have had 2 witnesses that says it was there fault lol
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MoNkEy MaGiC
Member
Registered: 12th Apr 03
Location: West - London Drives: Corsa GSi
User status: Offline
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wat  
its really complicated now to invlolve any more witnesses, plus we have already said their were no witnesses!!
what could we do, legally and rightfully??
would it be best to just reply back saying that the third party is lying about the witness!
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jamesvalver
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Registered: 21st Feb 03
Location: Bury St Edmunds, Suffolk
User status: Offline
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just tell the truth n thats all they can say. the "whitness" is prob some1 the opther person no's so wots the chances that they'll no wot car the other person hit? also how can ur bro get damage 2the rear of his car if he woz in front? even if ur hit from behind, the other person is at fault. thsi is a confusin 1. i would wanna no y its taken so long 2sort it out n find a whitness
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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The witness doesn't make a judgement on blame - they supply an account of the circumstances.
Who are you writing back to? The third party soliciter? You should have a soliciter acting on your behalf?
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richysport
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Registered: 15th Apr 05
Location: Flintshire, north wales
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quote:
Originally posted by Ian
The witness doesn't make a judgement on blame - they supply an account of the circumstances.
Who are you writing back to? The third party soliciter? You should have a soliciter acting on your behalf?
a witness can only say what they saw they cant blame people. and if they aint got 1 then they must be try to get your bro to say it's his fault
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MoNkEy MaGiC
Member
Registered: 12th Apr 03
Location: West - London Drives: Corsa GSi
User status: Offline
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sorry for the confusion, my brother was hit by the other driver in the SIDE of his car, just in front of the rear wheel on the driver side! so basically, the other driver was in front when he suddenly pulled to the other side of the road and stopped, my bro drived pass as normal, and the other driver decides to pull back into my bros lane with out looking and so hitting my bro in the side of his car!
the other insurance company even came and checked it, and valued the car and said it was a right of, my bro's insurance is with ADMIRAL and the third party driver is with Norwich union i think! its taken so long and their been so many complications, first they said that my bro was liable as he was speeding and undertaking and then at one point we thought it was about to be settled because we got a letter saying they will pay out! but now this witness bullshite has come up, its all messed up just dont know whats going on!!
my bro has legal expences covered on his insurance by a sepearate company from Admiral who are sorting it out and so request from us everything in writing so that their is proof of it and a record!
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jaffa
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Registered: 27th Mar 00
Location: Stoke-on-Trent
User status: Offline
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were the damage is on your brothers car will be taken into consideration
a woman backed into my old corsa on a car park as i drove past, hit the wing.
she had two witness to say it was my fault, one 'appeared' after the event, claiming to have contacted her by following her when she drove off.
it came to a 50/50 as she had two witnesses but from the damge to my car it would of been extremely difficult for it to be my fault.
she was delaying the process so i instructed my solictors to arrange taking it to court, she responded asking for 50/50, my solicitors advised me to take the offer as it would of probably been settled 50/50 in court
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MoNkEy MaGiC
Member
Registered: 12th Apr 03
Location: West - London Drives: Corsa GSi
User status: Offline
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so what do you guys think we should do next??
is it worth going to court, whats chance of us winning??
another thing if we take this to court, will all the fees, expences and solicitor be fully covered under the legal expences cover that my brother had??
[Edited on 04-10-2005 by MoNkEy MaGiC]
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jaffa
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Registered: 27th Mar 00
Location: Stoke-on-Trent
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quote:
Originally posted by MoNkEy MaGiC
so what do you guys think we should do next??
is it worth going to court, whats chance of us winning??
another thing if we take this to court, will all the fees, expences and solicitor be fully covered under the legal expences cover that my brother had??
[Edited on 04-10-2005 by MoNkEy MaGiC]
your solicitors should give you best advice
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keninski
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Registered: 6th May 02
Location: mansfield,notts
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pretty much just talk to your solicitors, it sounds to me like your brother wasnt at fault and therefore should take it all the way. the court cost should be covered but same as i say u need a lengthy conversation with your solictors to make sure everything is clear before you decide wot to do.
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