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Answered in 8 minutes by:
3/7/2009
legal eagle 73, Solicitor
Category: UK Law
Satisfied Customers: 466
Experience: 10 year qualifified solicitor
VerifiedThe police will listen to what yourself and the other driver have to say and take statements from you both - However, it will be a case of your word against the other driver UNLESS you have independent evidence to corroborate what happened. were there any witnesses to support what happened? if not, could you perhaps contact some of the neighbours to see if they witnessed the events? If so, then the other driver would be held partly responsible for the accident. It is then up to your insurance company to fight the claim with his insurance company.
Otherwise, in the absence of any independent witnesses, the police may not prosecute the other driver for reckless driving. instead, due to the fact that your vehicle hit his car, your insurance may have to pay out for the damage. Your best bet is to try and find some witnesses.
Good luck.
it is up to you to put pressure on your insurance company to fight the case on your behalf. However, at some point, the insurance company will carry out its own "risk assessment" of the case and may eventually settle, even though it may not be your choice to settle. When you take out car insurance (and legal cover) the insurance company will fight a case for you - however, there is usually a condition in the insurance contract saying that if the legal team believe that the case is likely to fail, they can override your wishes and settle.
The same thing happened to me about 6 months ago and the police unfortunately took no action against the other driver due to a lack of evidence and because he denied that he did anything wrong. My insurance company told me that my no claims bonus would be affected unless liability was admitted by the other driver. In the end, i ended up dropping the case and paying for the damage myself. sorry that it's not what you want to hear, but everything these days rests on evidence.
thanks
legal eagle 73, Solicitor
Category: UK Law
Satisfied Customers: 466
Experience: 10 year qualifified solicitor
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