Thoday
Member
Registered: 12th Jan 03
Location: Drove kitted corsa b now standard corcs c exclusiv
User status: Offline
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3rd party who hit me have offered a 75:25 % split in my favour...
i have to check the exact details and outcomes as i think i shall lose my no claims bonus if i accept this but i may be able to counter it with received £1200 (75% of the 1600 my claim valued at)
if i go to court and win come next april il hopefully have 3 years no claims instead of 0..
i shud win the case, she pulls out of a junction and hits my rear quarter and rites it off, pulls out without looking, hits me at speed as you can see from damage (tho she and her witness claim she edged out)  
but they are disputing my speed, her witness changed his mind 3 times, from 50mph, 40mph, now 30. i said 15-20 was doin. he witness changed his mind about my road position, first it was on the wrong side, now its in the centre of the 2 way road. so how could she edge out (edging out is say 2 foot) and she hit me if i was in the middle (thats 6foot at least:boggle
her witness said the point of impact was at the front of my car at first in his diagram, even tho all the damage was at the rear.
he has also changed his position of where he witnessed the accident, from 50 foot away to 20, his original position was covered by signs and trees.
at end of the day the accident wudnt of happend if she had not pulled out of a junction (SHE PAST HER TEST 2 DAYS B4) and theres no way she edged out, the damage and her witness saying i was in the middle puts that in my favour.
but the speed limit in the car park is set at 5mph, this is not a normal road limit, its not official only a guide set down by safeway, u see tesco does not have a speed limit sign where i live. but there evidence is based on if i wasnt going more then 5mph the accident wud not happen thus its my fault.
i have a witness who says, 3rd party didnt sto, pulled out and hit me, thats all. also have the fact that her bf rang my work the day after accident and told my boss i was being a knob and speeding at 50mph in the carpark just to get me into trouble.
am unsure what to do, if i lose i am very very fucked. but the 75:25 split if i got £1200 wud make up for the loss of 2 years no claims i wud lose and cover my excess paid back.
sorry for the essay but would appreciate ur views please
[Edited on 03-08-2004 by cheakycharlie]
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Adam-D
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Registered: 11th May 02
Location: Cheshire
User status: Offline
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theve changed their story so much you shud win as they are unreliable witneses
and she hit ou shud be simple as that
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Thoday
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Registered: 12th Jan 03
Location: Drove kitted corsa b now standard corcs c exclusiv
User status: Offline
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quote:
Originally posted by Adam-D
theve changed their story so much you shud win as they are unreliable witneses
and she hit ou shud be simple as that
wish it would be as simple as that. id rather stick it out, if i lose i lose, insurance pays all the costs, just my premium go thru the roof. dad reckons take it cos £ would cover the £200 max a year i mite save on insurance per years no claims i get.. plus gets rid of the hassle and stress
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Adam-D
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Registered: 11th May 02
Location: Cheshire
User status: Offline
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if you win she is shown to be a lying bitch you keep your no claims and next yer you will have 4 years ncb and itll be protected then
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Marc D
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Registered: 29th Apr 03
Location: Wirral, Merseyside
User status: Offline
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its obviously her fault, a car cant jump sideways into another ffs stupid bint and her boyfriend needs the shit kicking out of him for phoning your wor and telling them you were speeding
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ed
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Registered: 10th Sep 03
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Looking at what you have said, it looks like you should win seeing as her witness has changed the story so many times and also the fact that her boyfriend phoned your work to try and agravate the situation. I'd take it to court and try and fuck her over for being such a fucking bitch.
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Thoday
Member
Registered: 12th Jan 03
Location: Drove kitted corsa b now standard corcs c exclusiv
User status: Offline
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iv decided to go to court, iv gota 4 page a4 essay countering their claims and puttin points in my favour
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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Where there's still doubt over your road position and speed it will be difficult to edge that 75% favour up to 100%, however not impossible.
Don't mention she's been driving 2 days - if she passed she can drive.
Discredit the witness and the boyfriend and make a case that your driving was appropriate for the amount of visibility, road conditions and how busy the place was.
Good luck.
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Siberia
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Registered: 9th Oct 03
Location: Leprechaun Land Drives : Zafira GSI
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get a solicitor and go to court.
the fact her BF rang yer job alone should see ya through
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Thoday
Member
Registered: 12th Jan 03
Location: Drove kitted corsa b now standard corcs c exclusiv
User status: Offline
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ian, u have to move across the road slightly cos its goes from 2 lanes into one goin into a corner..
for the distance, approx 70 yards maybe i cannot do 50mph in a 1,0 12v corsa, not evening booting it
iv been told the judge cud make an offer of 75:25 anyways just to make it easier.. need my no claims badly
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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Its definatly worth going for, someone may as well save blame as at the moment you both lose bonus.
I wouldn't labour the point about not going 50, just say you were paying full attention, driving at a proper speed when having judged the hazard as stopped decided to pass, she pulled out and struck you.
My bro won his one, more on the fact that the guy openly admitted to not seeing him rather than arguing that my bro was in the wrong road position. If he'd have put a proper case together and even pretended to know what cars were where he'd have walked it. Instead this guy went to court and told the judge he drove the same way every day and had no idea where the other car came from 
[Edited on 03-08-2004 by Ian]
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