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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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On Sat July 9th we had a traffic accident which was not our

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Hi on Sat July 9th we had a traffic accident which was not our fault, being hit by a car in the middle of a crossroads - we were on the main drag - the lights on green - he was turning right and ran straight into us. We were shocked, bruised and, never having been involved in an accident before, we agreed to get the car round the corner, where we exchanged details of insurance etc with the other driver. Of course we realised later that we shouldn't have moved the car and immediately called the police. The other party didn't want the police called and indicated they thought the accident was our fault. My daughter picked us up; when we arrived at her house we called the police. They took notes but could do nothing further because we were not injured and because we had moved the car and had no witnesses. We reported the accident to our insurers, Aviva, who told my husband that our insurance had lapsed. We were horrified and I spent the next week discussing what had happened with Aviva who were sympathetic but not prepared to do anything about it, despite the fact that they had sent the prompt to pay to my daughter's address in Suffolk. (She has a second car which my husband owns and she drives). After spending a great deal of time and energy on all this we paid £4000 to get our car back on the road and reinsured it. We have now received a letter from the other driver's insurer indicating that they feel the accident is our fault and we must give them the details of our insurance company or there will be a court order. We realise that as we weren't insured at the time of the accident we can be prosecuted and simply want to resolve the situation, if necessary by paying the costs even though the accident was not our fault. But we need a lawyer to deal with the driver's insurance company on our behalf. Can you advise?
Submitted: 5 months ago.
Category: Law
Expert:  LondonlawyerJ replied 5 months ago.

Hello, I am a solicitor with 20 years experience. I wlll try to answer this for you.

OK there is no reason to concede the case just because you didn't have insurance. Sure, you can be prosecuted for no insurance but that would be by the police and not by the insurance company and there is a good chance that the police will not be interested as this was some time ago ( the sentence is 6-8 points plus a fine).

You can instruct a solicitor but this is probably a small claim which means that even if you win you will not get your costs back. You could defend it yourself, and counter claim for your losses. Why do they say it is your fault?

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 791
Experience: Solicitor with over 15 years experience.
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Customer: replied 5 months ago.
Hi thanks for that. They say it is our fault because they had a filter light to turn right. There are no filter lights to turn right at those crossroads. The accusation was stated by the driver's partner not by him. I wonder whether his insurers have been told by Aviva that our insurance had lapsed at the time of the accident and so they are now pursuing the claim. I'm tempted to try and sort this out myself with his insurers but am advised that this would not be sensible. We will off er to pay his costs if we have to - just want to get this resolved.

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