DarkBahamut
Member
Registered: 4th Jun 06
Location: Cambridge, Cambridgeshire
User status: Offline
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I need some advice, i know ive probabaly fucked up but any help would be great.
The quick story is today i had an accident (my corsa is nearly certainly written off). A lorry drifted onto my lane in front of me as i was overtaking it (up a hill, 2 lanes on out side of the road). This caused me to hit my brakes had and slide/spin into the rear of them. Now of course i dont think this is my fault and i have a witness on my side also.
However, what i hit was a dutch lorry. With being shock up and never having an accident before i was given a form to sign at the scene by the lorry drive with all our details on it. Being the fool that i am i signed this thinking its just for the details, however looking over it tonight with friends it seems i basically signed to say it was my fault.
Now, ive already told my insurance company on the phone that i dont think its my fault, but i havent been able to tell them that i sign this form yet as i didnt know it was an issue yet (and they arent open till 8am).
The form itself was completely in dutch with no english and he filled the whole thing in except my first line address and of course where i signed, i never wrote in that part where it says its my fault nor is it in english. Do you think i have a leg to stand on trying to contest this now or i have fucked myself good?
Please hold the 'You're a fool for signing' comments as i know that now..i just wnat to know if i can do anything about it.
Thanks for any help.
EDIT: Spellings
[Edited on 02-05-2007 by DarkBahamut]
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Whittie
Member
Registered: 11th Aug 06
Location: North Wales Drives: BMW, Corsa & Fiat
User status: Offline
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u2u Haimsey.
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Wrighty
Member
Registered: 28th Feb 04
Location: Howden
User status: Offline
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want my advice?
should never sign something without reading it 
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Sam
Moderator
Premium Member
Registered: 24th Dec 99
Location: West Midlands
User status: Offline
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Get it translated?
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ssj_kakarot
Member
Registered: 29th Apr 03
Location: hartlepool
User status: Offline
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did he put you under any pressure to sign the contract if so you can claim duress.
if there was no pressure put on you, there still is a good case through undue influence, he was in a position to influence you ( foregin language form ect, you in shock).
wether or not your insurance company would care enough to try and claim anything like this in court is another matter, imo they would just pay out and not bother.
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DarkBahamut
Member
Registered: 4th Jun 06
Location: Cambridge, Cambridgeshire
User status: Offline
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There wasnt any pressure, it just that it wasnt in english. I guess what did it is theres two massive boxes for both our details, then two very small ones at the bottom where you basically say if you was yours/their fault, so the most i could make of it is that it was a simple exchange of details.
Ive had a quick chat with the police and they think i shouldnt have many problems getting it sorted out, more so as i have a witness to back up my story effectively.
EDIT: Just to confirm, he wrote on 'my side' of the form that is was my fault, in dutch, in that small box at the bottom, even though i told him there i didnt think it was my fault as he was puling out in front of me. He basically tried to make it my fault by the use of a form i couldnt understand.
[Edited on 03-05-2007 by DarkBahamut]
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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I know there have been cases in the past where it harms you defence if you admin liablility however in this case you could safely argue that you didn't actually want to do that.
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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bloody foreign drivers.
IMO, if it wasn't written in english and you were in a wrong state of mind, it will go against the lorry driver as he was putting undue pressure on you to sign the form.
you were tricked/conned, simple as that, which should go against him in any court case.
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ssj_kakarot
Member
Registered: 29th Apr 03
Location: hartlepool
User status: Offline
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yeah like i said its blatent undue influence, theres loads of cases that set precident, it should not be a problem.
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DarkBahamut
Member
Registered: 4th Jun 06
Location: Cambridge, Cambridgeshire
User status: Offline
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Thanks for the advice guys, i'm certainly glad to know i can still claw this back now. I was gutted enough to pretty much lose the car as it was.
The real ironic thing? When i had the accident i was driving to view a new car i wanted to buy!
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abdus
Member
Registered: 23rd Feb 06
User status: Offline
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but, at the end of the day, he signed it...
how would you be able to prove duress?
code:
never having an accident before i was given a form to sign at the scene by the lorry drive with all our details on it. Being the fool that i am i signed this thinking its just for the details, however looking over it tonight with friends it seems i basically signed to say it was my fault.
no sign of him forcing you 
do you have any witness?
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ssj_kakarot
Member
Registered: 29th Apr 03
Location: hartlepool
User status: Offline
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he wouldnt be claiming duress as there is no proof of being forced to do it like i said earlier, he would claim undue infuence.
In lamens terms he only needs to prove he was at a disadvantage to the lorry driver which he was as he didnt speak the language the form was written in.
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Rachel H
Member
Registered: 12th Nov 03
Location: Berks
User status: Offline
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My advice? Nuke the Netherlands.
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