I wish I shared the police optimism. Unfortunately I don’t. I accept that it was probably the other person’s fault but proving it if it gets to court if there is no admission of liability is not going to be easy.
For the purposes of any claim there are no witnesses. People may have seen it but you don’t have their details for the one person whose details you do have didn’t see it.
The police have to give you a notice of intended prosecution within 14 days and if that has happened, then you have escaped prosecution.
In circumstances like this, it’s unlikely there would be a prosecution. If there is a prosecution it would hold up settling a claim as the insurance company would not settle it until the outcome of the prosecution. If there was a successful prosecution, then the prosecuted person would be deemed to be at fault for insurance purposes. However just because there is no successful prosecution doesn’t mean that an insurance claim would fail.
Police prosecution has to be proved beyond all reasonable doubt whereas for a civil claim it is only on the balance of probabilities, 51%.
In the absence of any witness testimony or evidence to the contrary, it is likely that the insurance companies would settle this 50-50 and in that case, you would each pay for your own damage.
If you decide to sue the other driver and this went to court, it could go either way and in the absence of any evidence to the contrary it’s unlikely that the judge would find in favour of one of you or the other.
Without an admission of liability from the other side the other driver will probably allege that you would driving too fast or didn’t see him. The judge only has the evidence of the pair of you and has to make a decision based upon that evidence and the credibility of the witnesses.
For that reason you haven’t been able to find a solicitor that would take this no-win no fee. Even if you want to deal with this yourself I would advise caution before going to court because if you lose which I think is highly likely even though it could well have been the other driver’s fault (there is a problem proving that) the loser pays the winners costs which could be several thousand pounds at best.
In addition, you would be up against the other driver’s insurance company and his insurance company I imagine has deeper pockets than you have.
Unfortunately, based upon the facts that you’ve given me, I don’t think that there is a good chance that you would win in court. It would be completely different if someone had seen the accident and was prepared to give a witness statement.
I’m sorry that this is bad news for you.
Can I clarify anything for you?