Hello,My daughter has just attended court, regarding a claim from a year ago, the other party decided this should go to court. Basically, the accident occured as my daughter was driving from home, and was then involved in a collision with a neighbour on the same road.The road is a typical estate road, the neighbour lives about 50 metres away. She started off and approached the neighbours 4X4 parked on the LH side. As she approached, the drivers door opened, and forced the collision. The other party was not around as she had gone to take her children inside. Insurance details were exchanged, and both vehicles repaired. In court my daughter was blamed by the judge and lost the insurance excess she had to pay, while the other party lost nothing. My question is, how is it possible for a judge to decide who is to blame here. The other party had no witnesses as to what had happened. My daughter had her partner with her so he could not submit evidence. My own view, biased as it may be, is that the door on the neighbours car should have been locked, to prevent it opening accidentally. That apart, with no witnesses to call on, the case should have gone 50/50
Province/Country relating to question : Crewe, England
Can you tell me what you would like to know about this exactly?
How can the judge decide who is to blame here. Basically, the accident happened as described above. No witnesses on either side, so 50/50 should be the verdict.
Well, because a case never really is just one person's word against another. There is always one account that is more credible than another where there is a dispute over fact. The problem i can see immediately with your daughter's account is that somebody must have been there at the scene or the car door could not have opened.
Also, as a matter of law if you are moving and another vehicle is stationary then any accident is likely to be considered your fault rather than theirs Im afraid.
Im afraid that on the face of it, your daugher would seem to be liable.
Bar Exams, over 5 years in practice
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