How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70127
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

on December i was driving along Crompton way heading towards

Customer Question

on December i was driving along Crompton way heading towards Bury-Rochadale. the third was driving in right lane and i was driving in the left lane at almost the same level, she suddenly swerved into my and applied breaks and stopped and i could not avoid her because there was no space me for to avoid getting into her back of her car, she said she was avoiding a dog that was on the road, after a day of the accident she rang me asking for for money for the damaged of her car, i told i wasn't going to give her any because that is out of law, she slammed the phone and said she will see me in court. a witness who at scene the accident has now changed his statement he has told the third party's solicitors that we were driving in the same lane of which is totally untrue they are saying they will listen to what the witness says. my arguement is if we were driving in same left lane she could have swerved going out the road and she swerved from the right lane saving a dog's life at my expense, as a drive she could have also used her common sense that she was putting my life at danger and other drivers, my second arugument is if she wanted to bribe me to give her money for fixing her car without consulting her solicitors, she could do the same with the eye witness but nobody is paying any attention to me. The solicitors are saying i am held responsible of the accident
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

What would you like to know?
Customer: replied 4 years ago.

i real do not know what to ask because my head is just up side down, i want to know what the fault is and the liabilities they are saying i am responsible for because what thy are being told by the third party and the witness is not what happened

Expert:  Jo C. replied 4 years ago.
I'm afraid that if you struck a stationary car then there is no realistic prospect a Court deciding that no liability at all attaches to you.

In fairness, the highway code is quite clear. You are supposed to travel at a speed that will allow you to perform an emergency stop.

The points you are making do not amount to a defence. In fact, a driver is supposed to try to avoid striking a dog or other life upon the road. I'm afraid it cannot really be fairly said that she placed a dog above your safety as it was open to you to stop.

The request for money is not a bride. A bride would be if she had offered you money. She will argue that she was trying to negotiate a settlement which would seem reasonable here I'm afraid.

You could defend this on the basis that she has been contributorily negligent and indeed there might well be a reduction in award because of that.

However, I'm afraid there is very definitely a case to answer.
Customer: replied 4 years ago.

what about the witness who is giving a false report, why would they listen to him rather than looking at the realistic of the case, like i said before if we driving in the same lane i wouldn't have gone on the back of her car because she could have swerved off the road

Expert:  Jo C. replied 4 years ago.
Probably because he doesn't have any motivation to give a false report.

Obviously I haven't seen his statement but its not likely that a court would find that a random third party with no connection to either of you is lying. The highest point in that he might be wrong but either way you struck a stationary car which is primarily down to you I'm afraid.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice