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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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My husband was involved in an RTA the day before yesterday.

Customer Question

My husband was involved in an RTA the day before yesterday. He is a bus driver and a car ran into the back of the bus. She had apparently tried to overtake him on the inside and couldn't make it because the road narrowed. She got out of her car and onto the bus with a very aggressive attitude causing a passenger to ask her to tone her attitude down as she was frightening the passengers small child. My husband got off the bus to take a photogtaph of the accident and she had driven off without leaving her details. He reported at the police station but couldn't give them any details

2 1/2 hours later she arrived at the bus depot with her details and said she had panicked and they sent them to the police. At the depot she said my husband had been speeding, however he was coming off a traffic island, had standing passengers and was approaching pedestrXXXXX XXXXXghts followed by the bus stop so it was impossible for him to speed there. Added to that if he was speeding then she must have been too to try and overtake him

Yesterday my husband had to visit the local walk in centre as his back had started to stiffen and he couldn't turn his neck properly. He was advised not to drive

What is the position legally
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The position as narrated by you is that the woman driver has caused the accident through her negligence. The bus company has a claim for damage to their bus and your husband has a claim for personal injury and any loss of wages if he can't go to work because of his injuries. He should see a personal injury solicitor who will intimate a claim to the woman's insurers, obtain medical evidence etc. of he is in pain he should continue to see the doctor so that there is a record of him doing so. It may also be the case that the insurance company will offer him physiotherapy or other treatment on a private basis to assist his recovery however he is still entitled to compensation for his losses.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Sorry, can I just add something else. The company my husband works for has a habit of not fighting cases but paying for repairs etc as it is cheaper than fighting a case and in essence puts the blame on their driver. . If they do this will my husband have an redress against them


 

Expert:  JGM replied 3 years ago.
Your husband's claim is separate from that of his company. Even if the company admitted liability that would not affect your husband's claim as any court hearing the case would have to take account of the factual evidence, not whether the company admitted liability or not.

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