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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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Question related to an accident I was involved in on a single

Resolved Question:

Question related to an accident I was involved in on a single track road in November 2013.
The other driver drove past the passing place and hit me head on. my car was wreaked and I am still getting physio for neck and shoulder injuy. The other driver has not as yet admitted responsibility.

My question is should I just let it go or take further action?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

No, you should not let it go. Driving on some single track roads in Scotland requires a high duty of care from both drivers and there is also elements of driving etiquette which have to be observed. From what you say the other driver ignore or missed the passing place. That is all very well for him but to then hit your car head on is negligent to say the least. I presume you were driving carefully and keeping a look out and were either stationary or moving slowly immediately prior to the collision.

Where you have suffered injury and were not at fault you should pursue your claim assuming there is available witness or other evidence of negligence on the part of the other party.

Happy to discuss further.

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

Thank you for your reply.


The other driver was in a land rover defender, the road was a bit wet as the accident was in winter.


The corner he came round has fair visability if he was paying attention. He went past the passing place then jammed on the brakes and skidded into my nissan.


I was taken by ambalance to local hospital. When I saw the two investigating police officers they said they where looking into dangerous driving. But the police report to the insurance indicated they where taking the matter no further.


The other party was a visitor to Mull and therefore likely unfamilar with driving on single track roads. I would have thought that would mean driving slower with due care and attention.


His insurance co. sent a photo of my wreaked car to my insurance stating I was in the middle of the road. It is a single track road I had no where to go when the other driver went past the passing place.


Naturally I am still quite angry and annoyed that the other guy does not put his hands up and admit he was in the wrong.


As there are no witnesses I do not know what to do. I cannot accept the knock for knock statement.

Expert:  JGM replied 3 years ago.
The position of your vehicle on a single track road is irrelevant so the insurance company can't rely on that. The other driver's actions are relevant. The absence of witnesses isn't helpful. The success of your case would rely on the facts that can be established. Whether you were moving at the time, speed of the other car, the fact that he went past the passing place and didn't stop.
Customer: replied 3 years ago.

I had almost stopped when he hit me.


So should follow-up with a local solicitor?

Expert:  JGM replied 3 years ago.
You need a solicitor with experience in Uninsured Loss Recovery claims, ie, the recovery of all losses for which you aren't insured including excess, personal injury, loss of earnings and physio fees.
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