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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been involved in a traffic collision with a London Bus.

Resolved Question:

I have been involved in a traffic collision with a London Bus. I have a dash cam recording of the incident which I have supplied to the bus company. I understand they are disputing the evidence with, in my opinion, an interpretation far from what I believe to be at all reasonable. I was stationary, the bus cut the right turn corner and hit my van. The dash cam clearly shows I was stationary throughout the incident. The video can be viewed on youtube link http://youtu.be/RuS9ZbW9UIU. I am pursuing this claim myself as, as yet the bus company has made no claim against my insurance and I want to protect my no-claims bonus.
My question are Where can I get expert advice of the video as to fault and what is my best step to pursue. The claim is about £800 for damage to my van. The damage is visible and interferes with my work as presentation in road haulage is important.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : What is the value of your claim, just £800 please? No personal Injury?
Customer:

Correct, however I have history of depression and the stress I am feeling from the bus companies responses is preventing me from working a lot of the time. The claim was on the 1st of October.

Alex Watts :

Thanks. I have viewed the video

Alex Watts :

This will be a small claim

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

On the negative side you stop in a box junction

Alex Watts :

That does not help

Alex Watts :

On the plus side you were stationary and the bus should have seen

Alex Watts :

I think a Judge is likely to find 50/50

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Stopping in a box junction is ok when making a right turn? The only obstruction was the blue car which was only held up waiting for a couple of pedestrians to cross against pedestr***** *****ghts. If I were to employ a solicitor how much is the averge cost.

Alex Watts :

No - you should only enter a box junction if the exit is free.

Alex Watts :

You dont need a Solicitor as the costs are not recoverable on a small claim

Alex Watts :

If you lose you only lose the court fees

Alex Watts :

Does that help?

Customer:

So the bus also did this.

Alex Watts :

Yes indeed.

Alex Watts :

But that is why I think the Judge may say 50/50

Alex Watts :

You are both to blame.

Alex Watts :

You stopped in a box junction but he should have seen you

Customer:

Even though I was not moving throughout the incedent.

Alex Watts :

Yes because you should not have been there.

Alex Watts :

I am only giving you my view in terms of you should not stop in a box junction when it is not clear

Alex Watts :

But also the bus should not have stopped and seen you

Alex Watts :

I have outlined the small claims process.

Alex Watts :

It may well be they pay out as it would cost more to defend it

Customer:

My insurance includes £100,000 cover to claim legal fees, my insurance say they would not accept liability?

Alex Watts :

No. But if you are claiming £800 you can pursue it yourself

Customer:

Thank you.

Alex Watts :

Can I clarify anything else for you about this today please?

Ash and other Law Specialists are ready to help you