I don't know how to proceed to recover some of my losses, do I have to wait until a verdict is given, or can I use a no win no fee service to at least claim for my injury and loss of wages?
Are either of you being prosecuted?
Are there any witnesses?
I have heard nothing about being prosecuted, the police when I gave them a statement said it would probably go in my favour as it sounded like he was at fault.
There was plenty of oncoming traffic so plenty of witnesses but none stopped (not really safe to do so), a woman came to me several minutes after the incident but unfortunately she didn't see it happen
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?
Thanks for your reply, can I still pursue uninsured losses or accident injury compensation and if so, what do I need to do to proceed in the way of documentation etc?
The uninsured losses are only recoverable on the same basis as any other injury or damage loss
What does that mean?
What I'm trying to find out, is it feasible or am I able to put in a claim for loss of earnings and injury?
You can claim against the driver of the car in respect of damage to your vehicle, injury, uninsured losses, loss of earnings, hire vehicle. This is not going to be an easy claim as the evidence in support of your claim or the defendant is almost non existent.
If you lose on one point you lose on them all
The judge discretion as to how much you get in respect of each