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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69267
Experience:  Over 5 years in practice
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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: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

What would you like to know?
Customer: replied 3 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 3 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 3 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 3 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.

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