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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6429
Experience:  Solicitor
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Last year i was involved in a car accident. I ran into the

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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 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.
Customer: replied 1 year 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.

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

Have you reported this claim to your insurers?

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

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 1 year 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. I have any recourse?
Customer: replied 1 year 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 1 year 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.

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: 6429
Experience: Solicitor
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