John
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Registered: 30th Jun 03
User status: Offline
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Pal just had a letter from a solicitor, copied and pasted from his post on cliosport.
Cutting a long story short but here goes...
One night a couple of months ago i was waiting to pull out of a busy junction (kinda a driveway as well hard to explain without photos), when some muppet decided to run in front of my car as i pulled out (could easily have ran behind it). I had headlights and my indicator on. I tapped him at no more than 10mph if even that and he proceeded to slide over my bonnet and fell onto the road. Immediately i stopped, hazards on etc and got out, by this point he was on his feet, scraped a few bones but no real damage. Called him an ambulance, police came etc etc. The guy wasn't from around here (asylum seeker maybe) and could barely speak a word of english so it was a right pain in the arse explaining to the cops how it all happnend.
Anyway a couple of months down the line i receive a letter from his solicitors saying i had reversed into their client as he was running past my driveway (load of sh*t cos i hit him with the front of my car and he was on the road at the time, police could confirm this i'm sure).They want me to pass the letter to my insurers for them to deal with.
Question is what do i do?
I can speak to my insurers but i dont want to involve them yet or i can see my own solicitor to write my own letter back stating he is talking out of his arse? Or something else completely.
What would be the best idea u think?
Any advice at all appreciated.
[Edited on 06-04-2005 by x8john]
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Online
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quote:
Originally posted by x8john
Any advice at all appreciated
Change the thread title back to something inoffensive for a kick off.
Pedestrians have right of way on the public highway so this will be difficult but not impossible to win. You've a few choices but don't prejudice your case by writing back and quoting your position (legal not road) too soon.
Easiest option is to pass this on to your insurers and forget about it, it'll be years in the making and you don't really need to do much to prepare the case. Map of the area and a bit of a statement and just see what happens.
Alternatively if you value your NCB write back and pick holes in his account, and ask to see an medical report outlining the losses to this guy. I'm curious as to who is funding him legally as of course he is not an insured road user.
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Hammer
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Registered: 11th Feb 04
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quote:
Originally posted by Ian
quote:
Originally posted by x8john
Any advice at all appreciated
I'm curious as to who is funding him legally as of course he is not an insured road user.
I'm less so, if he is actually an asylum seeker you can be guaranteed tax payers will be doing their bit for him. Thats in no way meant to have racial under tones either, just the way it is in this country at this moment in time
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John
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Registered: 30th Jun 03
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sorry 
I would like to see the any medical report as well actually. I'm thinking the guy probably went to the doctors next day and said he had whatever injuries, as I don't thikn any solicitor would take it on with no proof.
Some sort of no win no fee type one perhaps?
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Hammer
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Registered: 11th Feb 04
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Id like to know why people have the ability to do this here. Assuming there is no witnesses and evidence is sparse to say the least then what forms the basis of the complaint?
I think those shoddy tv adverts have a lot to answer for; 'i tripped and broke my wrist i sued and won 12 grand' it gives desperate people false hope
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Calum1577
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Registered: 30th Jan 04
Location: Troon
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The biggest problem u will face here is that this will be civil case and all he has to do it persuade the judge to think that it is likely that you hit him. Case closed. He doesnt have to undoubtably prove that you did it just that it is likely that you did. Tis gay but if he is claiming u reversed into him then your safe enough as he is making a false claim against you. I am sure it would acctually be possible for you to then take action against him for making a false claim against you.
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John
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Registered: 30th Jun 03
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Marc
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Registered: 11th Aug 02
Location: York
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As said forward to your insurers for them to deal with. Why didnt you inform your insurers at them time seen as though the police etc were involved?
Write your version of what happened as soon as possible whilst its still fresh in your mind, and also give your insurers a copy of this.
Also find out what exactly he is claiming for and see if these injurys are relevent to the accident.
Possibly contact the police to see if they can back up your version of events.
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POISoft
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Registered: 22nd Mar 05
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so whats he actually claiming for then?
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3CorsaMeal
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Registered: 11th Apr 02
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its a lot harder to run into a car, than getting hit by one.
i question the matter
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John
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Registered: 30th Jun 03
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Happened in December. Wasn't me, didn't contact the insurace as he thought it was done with. Claiming for criminal injuries. Fair enough about being easier to run into a car, but the guy was hit by the front of the car. He is now claiming he was reversed into. So just out for money.
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POISoft
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Registered: 22nd Mar 05
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what kind of injuries is he claiming for?
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John
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Registered: 30th Jun 03
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quote:
injuries occasioned to him as a result of an accident which occurred on 24th december
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