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 Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22618
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Type Your Law Question Here...
Stuart J is online now

I had a very minor car accident December last year when I was

Customer Question

I had a very minor car accident December last year when I was driving around a roundabout and a woman driving in the inside lane clipped my rear wheel arch. I stopped to exchange details, she got out with her 2 friends and shouted abuse at me and drove off without exchanging details. I filled out the form at the police station and handed it in as I know all accidents should be reported, especially this where a driver drove off without giving details. I thought I wouldn't hear again but then my insurance people, Direct Line, contacted me to say that the other driver was making a claim against me as the accident was my fault. I knew that it wasn't my fault and that the only witnesses were the 2 women in the car with her. I checked that in English law you cant use a witness that was in the car with you. I assured Direct Line that I would be willing to defend myself in court as I have NEVER had an accident that was my fault. I am a general practitioner and have been driving in the area for over 20 years and have a full no claims bonus and it wasn't me that drove away without exchanging details!

This week I got a letter from Direct Line to say that the other driver had found an independent witness- after nearly 8 months-and that therefore they were not contending it and the accident was my fault. I know that there were no other witnesses, therefore whoever this person is lying presumably for money.

Is there anything I can do? Obviously I feel a deep sense of injustice and I am now very worried as clearly this is a well known scam (I have had patients who have told me that this was done to them, I didn't really believe them that anyone could be that horrible, I guess its something that is just an easy way of defrauding money out of insurance companies).
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Were in the road were you positioned?
Customer: replied 3 years ago.

I was on the Green man Roundabout in Leyton, it has 3 lanes. I was in the middle lane and the other driver was in the inside lane, behind me, as we turned around the roundabout in the lanes, she must have just slightly drifted into my lane. It was such a slight impact that for a second I didn't even realise I was hit.

Expert:  Stuart J replied 3 years ago.

Let me
tell you now that direct line probably have the best administration and claims
service of any of the insurers. That comes at a price because their premiums
are not cheap but you only discover that the claims service is good (for what
you pay) when you have a claim which hopefully, you will never have.

previous claims (or rather, lack of,) is largely immaterial.

I can
also tell you that accidents on roundabouts are notoriously difficult to prove
and if they are proved, to defend. You say that the woman drifted into your
lane and she is likely to say that you drifted into her lane and therefore I
think the best that you could hope for would be that the claim is settled

if this goes to court the matter would be decided on the balance of
probabilities and whilst I accept that the witness may be lying through their
teeth and it seems absolutely incredible that they only discovered this person
after eight months.

contesting this is likely to cost between £5000 and £10,000 if it goes to court
and the judge finds in the other drivers favour simply because he prefers their
version of events and believes the witness.

suggestion (which you do not have to take) will be to write to direct line (do
not try to deal with this on the telephone to tell them that you are aware of
how difficult it is to defend accidents on roundabouts and that whilst you do
not admit any liability, and you would prefer defend the matter to the hilt,
you are prepared to agree 50-50 liability.

appreciate that this is not the answer you wanted but there is no point in me
misleading you. I have a duty to advise you truthfully and honestly even if
that answer is unfavourable.

that answer the question? Can I help further? Can I answer any specific points?

Please don't forget to
positively rate my answer service even if it was not what you wanted to hear. You
should now see a series of buttons which enable you to rate my answer service

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my

If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions after rating
my answer service.

Customer: replied 3 years ago.

Ok thanks, I didn't even expect anything as positive as that answer so actually I am quite happy!Its made me feel like a criminal even though I am not! It just makes me so sad that people behave like this- I will try direct line as you suggest.

Expert:  Stuart J replied 3 years ago.

I am
glad to help, although direct line will not continue to defend your innocence at
all costs or necessarily accept 50-50 but I think that if they were asking me
the question, that is what I would tell them to try to settle on and I would tell the claimants the same if I was acting for them

Please don't forget to positively
rate my answer service

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

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

Related Law Questions