We won in Court this week!

Discussion in 'Finance, Property, Law' started by rgjbloke, Jun 25, 2010.

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  1. My youngest son had a motor accident about 11 months ago which ended up in Court on Wednesday.

    He was traveling onto a crossroads and turning left when another guy came racing from across the other side and tried to enter the road before him. The road they were driving into was a dual carriageway but two cars could not enter onto it at the same time because the angle of the turning would mean two cars colliding if they were both there at the same time.

    My son because he was entering from that side of the road, entered into the turning first and the other guy presumably didn't like it. I say that because he then proceeded to undertake my son who by now had crossed into the outside lane. As soon as he had cleared the front of my son's car, he swerved across the front of my son and slammed his brakes on hard.

    The not unexpected result of this sudden manouver action was that my son collided into the back of his car. Road rage in the flesh but try proving it? Fortunately there was a witness in a car behind who saw most of the events and who had enough of a public conciousness to stop, wait for the police to arrive and give a statement.

    The police turned up, listened to the other guy tell them, my son had hit him from behind, then listened to my son and the witness and then, once they were happy that there were no injuries etc, decided they were not getting involved and went on their way. The involved parties exchanged details and then also parted.

    My son told me how these events had taken place and I wrote to the witness asking him for his recollection of what he had seen. When his response came, it not unsurprisingly to me corroberated, my son doesn't usually lie, my son's version of the events in the sense that he was undertaken by the other guy who then drove across his path and violently braked.

    Anyway, our insurance company armed with our story decided that they were not going to pay out and after much correspondence by this bloke saying my son was at fault and we had to pay, we got a date for court for this week. However, as the date started to get closer, our insurance company started to bottle it and indicated to us that they really thought they should settle it out of court. The problem was, my son had hit the other guy from behind. Ninety nine times out of a hundred, if you collide with another motor from behind, it's your fault.

    Well after several exchanges between me and my son's insurers, they accepted that we should go to court and test our case. On the day (wednesday), we had a good barrister, the witness turned up, the other guy lied his teeth off and made a bit of a prat of himself because it was obvious, some of the stuff he was saying couldn't be right, His barrister tried to defend some of this indefensible crap and blame my son. The witness who we still had not even said hello to yet because we didn't want to compromise our case, told the judge what he had seen. The Judge then had a short break while he decided what he thought. The Judge then called us back in and dismissed the case against my son.


    My son will not now have his premiums raised by his insurance company and we gained £425 plus a little bit on interest for the repairs to my son's car. The lying scumbag gobshite who thought he could cause this accident deliberately, we were lucky no one was hurt, and then try and take us to the cleaners in Court, is going to have his insurance premiums go up and he was proven in court to be a liar.

    Bet he doesn't do that again in a hurry!!!
    • Bullshit Bullshit x 1
  2. Good result mate, top drills for sticking to your guns and I am glad that you got the right result :D

    Glad that your lad was unhurt also; metal can be mended or replaced....skin and bone, less easily so.
  3. Well done that man! truth always wins and liars never prosper ( except MPs and Jeffery Archer)
    However, It is unfortunate that your sons insurance WILL BE increased next year because of this accident. A similar event happened to me and when they increased the premium I asked why? - their answer is that statistically anyone who has an accident whether or not they were at fault, is more accident prone than someone who has no accidents !. Should I be placed in a similar position again, I intend to ask for 5 years worth of the extra premiums as part of any settlement.
  4. Well done and good result but as previous poster said premiums probably will go up. I had an accident during the winter snow. I was stationary at traffic lights when spotty git in works van lost it and drove into the side of me. No problems .. my insurance company said they would do it all under my legal cover and therefore there would not actually be any "claim" against my record. No problem until my renewal came through and my premiums had gone up a bit. I shopped around (not mentioning my dancing on ice moment as it wasn't a claim) and found some cheaper insurance. I then rang my company to see if they would match it. This they did and then added £30. When I asked why they said that it was because I had had an accident. It matters not apparently where the blame is. My insurance company also pointed out that I was still obliged to declare my accident if I went to another insurance firm or any policy I took out could be null and void.
    The insurance industry from my experience is there to screw the honest people.
  5. "The road they were driving into was a dual carriageway but two cars could not enter onto it at the same time because the angle of the turning would mean two cars colliding if they were both there at the same time."

    My bold, ?? the only way you can end up on the "other" lane of a dual carriageway is if you enter it too fast. You should be able to turn left onto it and stay in the left lane, (if you turn left onto a single carriageway you stay on the left) similarly you should be able to approach from the opposite direction ie. turning right and stay in the outside lane. From there normal acceleration determines who "ends up in front."

    This said the other guys actions were totally out of order as he over-reacted to what was IMHO possibly a 50-50 situation.

    You're right though it is rare to successfully defend a rear end shunt.
  6. A pointer here guys..... Whenever you renew your own private car ins & you are asked wether you have any accidents , claims or convictions within the past 3 yrs MAKE SURE you tell them about any accidents on other policys you drive on.. IE works vehicles , Somebody I know did not & after a bump into a tree with no other vehs involved , found his insurer would not cough up as he did not declare a minor shunt in a works van 9 mths previously. Insurers are slimy ***** at times & will look at every avenue to avoid stumping up. This was a genuine mistake as he thought the shunt in the works van had sweet FA to do with his private car ins.

  7. Bloody well good on you. That's what courts should be for, the protection and upholding of Justice. Best wishes for your son and you all as a family.