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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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. On 11/11/14 I had an accident. I was overtaking another

Resolved Question:

. On 11/11/14 I had an accident. I was overtaking another vehicle on a road with bro***** ***** lines with excellent visibility next mile of road. While I was beside the other vehicle, he merged into my lane. I put 2 wheels on the grass verge to try and avoid a collision but he hit me writing my car off with no damage to his truck. I instructed the insurers to pursue the third part but they have come back to me advising me that fault will be found against me as it is my responsibility to ensure the manouvre is safe. Therefore, I will lose £450 excess and it will have an impact on future no claims discount and car hire charges. I am outraged because I could have been forced off the road and killed and this decision by the insurers means that the third party driver is completely absolved I consider extremely dangerous driving. Do I have any recouse? How can I fight if the insurers won't fight? Thank you. Graeme.
PS I Have photos taken on the day of where my wheels left the road trying to avoid the collision, photos of the damage to my vehicle, the other vehicle and the Employee ID cards of the passenger and the driver.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Greame, my name is ***** ***** I will help you with this.

Alex Watts :

please let me know whether you know the name and address of the other driver?

Customer:

I have a photo of the other drivers employee identification card. He was working at the time and driving one of their vehicles.

Customer:

Photo of drivers ID card
Full Size Image

Customer:

Alex. You still there?

Customer:

Alex. I am not sure if you are contributing to this chat but all I am seeing is you entering and stepping out of this chat.

Customer:

Alex. Please don't be a stranger!?

Alex Watts :

Ok, if you know the name and address of the company you can issue proceedings

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.



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.pdfand 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.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .



Can I clarify anything about this today please?

Customer:

If I lose my claim as my insurers seem to think I would, what kind of court costs would I be looking at?

Alex Watts :

You would only lose the Court fees to issue the claim

Alex Watts :

They can be found here:

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

Does that help?

Customer:

Is this within 14 days of the incident?

Alex Watts :

14 days of your letter

Customer:

Ok Thanks Alex. I will consider all this info with my wife when she gets home from work.

Alex Watts :

Great. Can I clarify anything else ?

Customer:

What would my chance be of succeeding in my claim when it is my word and an exceptional driving record against the word of 2 guys in the other vehicle? They said at the scene that they didn't leave their lane but I can assure you they did. I have photos which strengthen my case but it wouldn't be water tight.

Alex Watts :

I think your chances of winning are more than 50% which is all that is required to win in Court.

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