How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1749
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

Last year i was involved in a car accident. I ran into the

Resolved Question:

Hi, Last year i was involved in a car accident. I ran into the back of a vehicle, at the time I was travelling at about 5 to 10 MPH having just pulled away from a pelican crossing.
The lady driver and young boy in the vehicle were unhurt (I asked them) and the vehicle was undamaged.
I gave the driver all my details there and then however, the lady driver refused to give me her details and then left the scene. I telephoned the police and reported everything...they sent me a form...I filled it in and that was that.
Today I have received a form, eighteen months after the incident, from the drivers solicitor...she is claiming whiplash injuries, the form also states that there was only one occupant in the vehicle I hit...in fact there were two, the young boy).
The lady driver has committed an offence by failing to provide her details to me, and now seems to have developed whiplash, and misplaced a young boy.
I was driving a 2.8 ton transit van and she was in a small 4x4 (Kuga) I think that I would have caused some vehicular damage to cause whiplash.
Anyhow, The police will no doubt prosicute her ( or will they) for failing to provide details and failing to report the accident.
Meanwhile, there is also some doubt if, or not, the lady driver is the actual insured person as I was informed that the owner of the vehicle was mid 30's and the driver I hit was at least in her 50's. (I was 50 and she looked older than me).
So the solictitors form I have been sent is incorrectly filled in, information wise that is...even down to the wrong road conditions.
Should I contact my insurers A.S.A.P. and contest everything, they are aware of my disbelief of the drivers age.
Thank You.
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
If it should transpire that the lady driver is not the named insured driver...and technically ...should not have even been on the road that day, do I have any recourse, as this accident has already cost me in increased insurance premiums this year.
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you with this.

Have you reported this claim to your insurers?

Expert:  Jo C. replied 3 months ago.
it is I'm afraid. You are long since out of time. Also, if he was given a caution the. Hex cannot be prosecuted as that is a disposal in its own right. Can I clarify anything for you? Jo
Expert:  Jamie-Law replied 3 months ago.

Just to be clear, this is called an LVI - low velocity impact. The other driver person has three years to bring a claim under the limitation act.

Lvi claims are quite common but it would be for them to prove that you were negligent and that the impact caused the injuries.

Usually you would have foresnwic engineering evidence to show forces of impact, deformity of bumpers etc and likelihood of energy to be transferred to the body.

Can I clairfy anything for you about this today please?

Customer: replied 3 months ago.
Hi... Thank you for your reply...
I am aware that I will be held responsible as I hit the vehicle...However, if the driver is uninsured driving someone elses car and should not be driving the vehicle surely they would be prosecuted as will the actual owner of the vehicle for allowing this.
Bot***** *****ne is...I hit a car that shouldn't even be there and then I pay increased insurance premiums etc... and the other driver gets away with police prosecution for leaving the scene without giving details, driving with no insurance and then gets to claim injuries against me. So....do I have any recourse?
Customer: replied 3 months ago.
My insurers are aware of the situation...they informed me of it....I explained everything...they are looking into it...especially the person that was driving the vehicle.
Customer: replied 3 months ago.
One other thing from your wesite.....the other driver didnot report the accident to the police (it says so on the letter I recieved from their solicitor) this is also against the Law.
Expert:  Jamie-Law replied 3 months ago.

If the person was driving illegally that that may well be a defence. But the fact is if you went into them then you were negligent.

There may be mitigation for contributory fault. But because they were not insured does not make the claim invalid in itself.

Does that clairfy?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1749
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice