Any Rumpoles about

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NigsyHoops

NigsyHoops

Well-Known Member
Apr 18, 2011
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Had accident in Oct last year (no one injured so that was good). The other person admitted it was her fault at the time and also in a phone call the following day when she phoned me for my details. She said that her cousin works in a garage and he would repair my car and she would pay for the repairs. Now 4 months later, and after my legal team writing 3 letters to her insurance and getting no replies they sent a letter saying that they would be taking legal action against them if they did not reply. The replied saying that it was my fault.
As I am deaf and wear hearing aids and the woman had a strong accent I sent her a text asking if she got my correct details and to confirm that she would pay for my repairs. She replied she would. I have sent text to insurance and legal team that has all her details in a screen shot. How do you think I stand?
I got repairs done through my insurance.
 
I'm no Rumpole but I would have thought that, as she has admitted liability, in writing, that she and her insurers don't have a leg to stand on.
 
Yeah, agree. If you have a text from her saying she accepts responsibility, then she is stuffed.

I thought the first rule of car accidents was to never accept responsibility, even if you know you're in the wrong!
 
By admitting guilt in the text and offering to get the work done cheap, she hasn't got a leg to stand on. Presumably, because you didn't take up her offer of a cheap repair, it has cost her her NCB and that is why she is now claiming you were at fault. Stand strong and leave it to the insurers. And DO NOT delete that text!
 
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durbar2003 said:
Small claims court (if you have that over there)
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Agree. There is a process you have to go through first to try and reconcile reasonably.
If that draws a blank then small claims great idea.
Used it once successfully years ago but that was against a motor company and not an individual.
Initial post accident kindness / acceptance of liability very rapidly evaporates once they get home to nearest and dearest.
 
Small claims court used to have a limit of a grand I think. If it's over that it goes to whichever court is the next one up.
 
Your insurance company should be taking her to court, it may take some time but that text would prove decisive if it goes that far. Usually once the opposing solicitor sees that evidence they'll advise her to accept blame and concede but the final decision on how far it goes actually rests with her...
 
May I suggest you write a 'witness impact statement' and have it read out in court by a distinguished Shakespearean actor, such as Simon Callow? :)
 
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durbar2003 said:
How much are we talking about?
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I had to pay my £400 excess up front until it gets sorted. Don't know total cost for fixing my car but had scratches all down drivers side. Not much damage to her car but she had a white mark on her front bumper and said that that was caused by the accident, my car is cherry red. Have photos of both cars damage but she took no photos.
 
Rumpole could get called to the Bailey on this one?

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Toronto Crash Shows Why Vision Matters
by Evan Williams - January 4, 2017

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Anyone who has ever watched Don Cherry on Coaches Corner knows that you’ve got to keep your head up on the ice. If you don’t, you’re likely to end up on the next highlight reel as you get driven into the ice by an opposing player. As this Toronto area dashcam video shows, the same thing applies behind the wheel. You need to keep your head up, eyes open, and be aware of your surroundings. If you don’t, that big hit could be between you and another car at 100 km/h.


The driver of the red Volkswagen Golf GTI is the one who isn’t looking ahead in this dashcam video. The driver moves over one lane to the right, because traffic is slowing slightly in the leftmost lane. At 34 seconds in, if you’re looking ahead, you can see brake lights start to come on in the left lane. Six seconds later, the GTI driver wants back into that left lane but doesn’t notice the brake lights and the fact that the cars in that lane are braking hard. The GTI hits the brakes, and you can see it start to dive, but it’s too late.


The driver reacts quickly and attempts to dive into the carpool lane to the left. Unfortunately, because he doesn’t seem to be keeping his head up and paying attention, he fails to notice that there is already a car there. A driver paying attention would have noticed that the lane he had just left was still clear.

The collision sends the dashcam tumbling, but we can still hear some of the conversation that follows the accident. The driver of the GTI tells the driver of the camera car that “you slid into me” which we can fairly safely say is not what happened.

So the lesson here is don’t stare at the car in front of you. Look ahead, as far as you can. Look around you to the sides and rear as well, because if you have to make an emergency lane change, you don’t want to make one that makes things even worse.

http://www.autotrader.ca/newsfeatur...t=Native-NF&utm_campaign=CA-DSP-DM-EN-CONTENT
 
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