acholflocik
Member
Registered: 9th Sep 04
Location: Stopsley, Luton
User status: Offline
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HI ALL,
ABOUT A FEW WEEKS AGO, I PULLED OUT OF A "MINOR ROAD" ONTO ANOTHER ROAD, WHEN A CAR WAS SPEEDING (GOT ON PROOF, BUT WILL EXPLAIN IN A MIN HOW I NO), CAME ROUND THE BEND ON THE ROAD, I WAS TURNING RIGHT, SO I PULLED LEFT/RIGHT SO THEY DIDNT HIT ME THE DRIVER (FEMALE) PULLED LEFT/RIGHT BUT HIT A CURB AND BLEW HER TYRE (ROAD WAS A 30 ZONE SO IF SHE WAS GOING 30 IN A AUDI, IM NEARLY SURE IT WOULDNT HAVE BLOWN THE TYRE) SHE HASNT PUT A CLAIM ON THE INSURNCE, BUT A PASSENGER HAS PUT CLAIM FOR DAMAGES FOR PERSONAL INJURIES (WHIPLASH NECK AND BACK). BUT THE REASON ARE:-
A. DROVE AT A SPEED WHICH WAS EXCESSIVE IN THE CIRCUMSTANCES
B. FAILED TO AFFORD PRECEDENCE TO THEIR VEHICLE WHICH WAS TRAVELLING ALONG THE MAJOR CARRIAGEWAY
C. DROVE INTO COLLISION WITH THE VEHICLE IN WHICH SHE WAS A PASSENGER
D. FAILED TO EXERCISE ANY OR ANY REASONABLE SKILL AND CARE IN THE DRIVING OF YOUR VEHICLE WHEN BY THE EXERCISE OF WHICH THE COLLISION WOULD HAVE BEEN AVOIDED
E. FAILED TO STOP, SLOW DOWN, SWERVE OR IN ANY OTHER WAY CONTROL YOUR CAR SO AS TO AVOID THE COLLISION.
SHE DIDNT GO TO HOSPITAL BUT TO A DOCTOR.
ANY IDEAS WOULD BE GREAT!!!!
THANKS
DAVID
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Jules
Member
Registered: 26th Nov 04
Location: Ipswich, Suffolk Status: Happy
User status: Offline
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Firstly you'll find the 'Caps lock' key is next to the 'A' key - please use it!
Secondly unless you have proof that she was speeding then your claims of 'If she was doing 30mph in a Audi then tyre wouldn't of blown' hold no water at all, However, I can't see how the passenger can claim off your insurance if a accident didn't actually occur? I assume you must of stopped and swapped insurance details with her and her passenger is trying it on, normally whiplash only occurs when the neck has 'whipped' backwards and forwards violently (like being hit from behind) and is doubtful you'd get it for mounting a kerb.
Point A: They're trying to say you were speeding? Do they have proof?
Point B: You failed to give them enough room? Debatable if they were speeding (of which you have no proof)
Point C: You didn't collide with the vehicle (Unless I'm reading this wrong)
Point D: Driving without due care and attention to avoid the collision? Again, no collision took place.
Point E: Failed to stop, slow down to avoid the collision? Well you must of stopped afterwards in order to swap details but onviously not to avoid the collision because a collison of your two cars didn't happen.
It sounds to me like she (the passenger) has gone to a 'no win no fee' place and they are trying it on, at the end of the day the driver of the other vehicle should of been aware enough of the surroundings and adjusted their speed accordingly - if they sped round a blind bend and mounted a kerb to avoid a car coming out of a junction then that in my opinion is their fault and they have no real grounds for a claim.
Give the details to your insurance company, exlplain clearly to them what happened and if needed get some pictures of the junction and bend in question to back up your version of events.
Let the insurers deal with it but state your innocence to them.
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ryzer
Member
Registered: 18th Mar 03
Location: Berkshire Drives:UGLY MUG
User status: Offline
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get a lawyer and take them to court. fight them if u really honestly feel you have a case
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AK
Member
Registered: 5th Jul 00
Location: Aberdeen City
User status: Offline
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fight them for what...... by the sounds of it nothing happened 
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Skinz
Member
Registered: 15th May 03
User status: Offline
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i have seen someone write off a vehicle hitting a kerb at less than 20, bent the strut and everything.
If you pulled out on her out of a junction she has right of way, the matter of her speeding is something you cannot prove.
The claims from the passenger seem like they are trying it on. Not sure how you can deal with this one as its very difficult for you to prove that she doesnt have neck injuries, what you can ask though is how long after the incident did she see the doc, if it was many days or weeks you can claim this is too long a period to react to such a painful injury
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_Allan_
Member
Registered: 24th Mar 04
User status: Offline
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speeding or not you still pulled out on a vehicle which had right of way. I doubt you'll get away with it. 
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acholflocik
Member
Registered: 9th Sep 04
Location: Stopsley, Luton
User status: Offline
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Thanks for all your help.
David
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