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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69377
Experience:  Over 5 years in practice
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Around 18 months ago was involved in a collision with

Customer Question

Hello. Around 18 months ago was involved in a collision with another car which I believe, and I have photographic evidence to believe, was not my fault. Unfortunately, however, my insurance had expired the previous day and I had not yet renewed it. I paid £2,000 for my own car to be repaired and did not hear from the other driver after that until now.
I received a County Court Claim Form today advising the other driver wishes to claim £3,400 against me. I strongly oppose that the incident was my fault and I am looking for a solicitor who can defend the claim for me.
If you could advise me on the type of solicitor I would need to contact in this respect, I'd be most grateful. Thank you very much :o)
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
Whet were the facts of the collision?
Customer: replied 8 months ago.
Thank you for your response.I was coming out of my driveway turning left onto a main road. Opposite my driveway is another road (with give way sign), so it forms a T junction. As I drove left out of my driveway, he emerged from the road opposite while I was making my manouvre. I was clearly first onto the main road as the damage to me car is on the right side rear, while his damage is on the front headlight area.I am concerned if I do fight it, that the driving without insurance issue may come into play (even though it was a lapse, by less than 24 hours!) I do need a full clean driving licence for my job. Having said that, I don't want to pay £3.5K for something that I feel strongly was not my fault. I can provide you with photos if you wish so you can have a better look.Thanks, ***** ***** to hearing from you.
Expert:  Jo C. replied 8 months ago.
Yes, it almost certainly will.But that doesn't mean you were negligent in civil law.However, if you are saying that he was on the main road and you were on the approaches then I'm afraid you are liable. There is no way around it. You might get the liability reduced to reflect his contributory negligence if he should have seen you because of your presence on the road but there is no realistic chance of this being decided entirely in your favour.This is a small claims court sum though. You don't need a solicitor to deal with it and you will not recover costs I'm afraid.Can I clarify anything for you?Jo
Customer: replied 7 months ago.
Hi JoThank you for your response.I spoke to a solicitor today who said that it was unlikely in a small claims court that my lapsed insurance would be a factor. If it were a factor, however, what sort of penalty could I expect to receive, considering my insurance had lapsed by less than 24 hours at the time of the accident? If a criminal conviction is unlikely, I am seriously considering disputing with a counter claim for the damage to my car. I will take the risk of points and a fine if it does come to light.I have just noticed that I can add files to this email. Therefore would you please have a look at the photos and diagrams I have and let me know if you think I have a case. I am Mr Pryce, he is Mr Akram. My strongest argument is the place on each car that the damage is, showing I was on the main road before he was.Please let me know what you think regarding both these paragraphs.Thanks.Jonathan Pryce
Expert:  Jo C. replied 7 months ago.
Well, it is as I have said really. if you are saying that he was on the main road and you were on the approaches then I'm afraid you are liable. There is no way around it. You might get the liability reduced to reflect his contributory negligence if he should have seen you because of your presence on the road but there is no realistic chance of this being decided entirely in your favour.They won't punish you for having no insurance. They have to go to the criminal court if they want to do that.
Customer: replied 7 months ago.
Thanks, ***** ***** have no great amount to lose really by going to court?My plan at the moment is to counter claim the £2k that it cost me to get my own car fixed after the incident. Would you advise that?Also, I'm guessing it is not in their interest to take me to court for having no insurance so this is unlikely to be something they try and action in the future? Would it be anything that the judge would ask about?Thanks. Jonathan
Expert:  Jo C. replied 7 months ago.
No, not really. Costs would not be ordered unless a court is of the view that you have behaved unreasonably.These people cannot take you to court for having no insurance. That is for the Crown as it is a crime.
Expert:  Jo C. replied 7 months ago.
You may as well counter claim. The worst that will happen is that it will be dismissed.

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