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Thread: no win no fee car accident solicitors

  1. #1
    Regular Member Big Knox's Avatar
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    Default no win no fee car accident solicitors

    anyone have any experience of these? Do they only deal with accidents that involve personal injury?

    My insurance company isn't looking like they are going to try and defend the claim against me and settle 50:50 despite the other party lying about the circumstances of the incident so I'm looking into the possibility of going to court without my insurance company to establish liability for the incident.

    Thanks.

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    Regular Member m8internet's Avatar
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    If you have fully comprehensive insurance, then use the legal cover component
    That will recover any and all costs

    If the other party is "lying" then once the claim settlement comes through dispute it with evidence
    If there is no evidence then it is very unlikely a court will accept it either (heresay)

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    Regular Member Piston broke's Avatar
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    If you have no evidence to back up the other party giving a false account of the circumstances you're unlikely to be able to get anywhere through court. Your insurers may be of the opinion that any evidence brought to them so far is inconclusive, they will look for the cheapest way of dealing with the claim and may think a court case likely to rack up more in costs than to go 50/50 with the other parties insurance.

    If you decide to persue things yourself, read the small print carefully. Some of these 'no win, no fee' companies have clauses and back door get outs that could cause you a problem and leave you with a big bill that you didn't see coming. Also worth looking first at companies who do not take a fee from your award if you win but claim it back form the other side.

    But best advice is the worst advise, bite the bullet and go with your insurers decision, take the hit on your premium and shop around for a better deal when renewal time comes up. I wouldn't personally go down the courts route at all, only the solicitors get rich and few seem to care about justice

    If you don't have it yet, protected no claims costs a bit more but is worth it imho.

  4. #4
    Regular Member Big Knox's Avatar
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    I have evidence but none of its solid on its own however I think it's enough where a decent solicitor should be able to discredit the 3rd party's account of the events.

    Examples:
    -stopping distances, he claims the collision happened beside a parked car however he stopped within about 10 feet of the car. According to Highway Code, typical stopping distances @ 20mph is 3 car lengths and @ 30mph is 6 car lengths. The roads were icy that day so a good chance distances would have been larger plus I doubt his account says he pulled an emergency stop after our mirrors hit.
    - lack of debris in the road, I took a photo of the road from the rear of his vehicle which shows the parked car and the road where he says it took place in the foreground. There's no debris in the road. (my mirror cover came off and the mirror glass fell out and shattered) unfortunately I don't have a photo of the actual debris because it never occurred to me to take that one (I know, still kicking myself over it).
    - midpoint between our two vehicles, he's right next to the parked car, I'm significantly further up the road. The middle point between our two cars is actually where the incident happened.

    There were no indepentant witnesses however he did have passengers. I was travelling alone
    Last edited by Big Knox; 19th May 2010 at 16:25.

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    Regular Member Piston broke's Avatar
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    In this sort of incident your pictures wouldn't be enough, if it was icy the other parties solicitors would argue that it was the road condition and not their clients poor driving that was the contributing factor in the accident.

    Even with pics, the court could not determine if the position of your car in relation to his or any other cars are contributary. You can argue that their position was relative to the point of the accident, he would likely say that he moved his car, or thought you moved yours, after the colision. As long as there is doubt you can't win I'm affraid.

    Unless you have independant witnesses to the accident that can verify your account of what happened, no judge would find in your favour and would agree with your insurers that a knock for knock settlement was the best solution. I know it sucks but the law really can be an ass!

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    Regular Member Piston broke's Avatar
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    Just re-read you said no witnesses! If he had passengers and they were known to him, their account would be in his favour probably, but their account couldn't be taken as a statement of fact if they are family or friends. That said, a solicitor for him would likely use their testimony within his argument to his clients good character.

    Regardless of his not being honest about the incident, if he states that his account of the accident is correct to the best of his recollection, the court will uphold that his word is as good as yours.

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    Regular Member Big Knox's Avatar
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    I have sat in on a court case before where a lady took another woman to court over damage to her car in a car park. The second lady denied even making contact with the first lady's car. The judge found in favour of the first lady that on the balance of probabilities the accident had occured and that the second lady was liable given that the first lady was a much more credable witness.

    *sigh* if only I had taken the photo of the debris lying in the road

    I'm reasonably sure that the passengers were family/friends as he did comment that they were on their way to the hospital. He called me back later that night (almost 10pm, incident happened at noon-ish) and said that was him just back from the hospital so i suspect he wasn't just going for visiting hours, I suspect he was on his way to A&E.

    I would have thought it be best that my insurance company let them take legal action to recover their losses because surely then it's down to them to prove the incident occured there rather than for me to prove it didn't. Certainly when i took my landlord to court, the judge said that since it was me who raise the action, it was up to me to convince him and present my case.
    Last edited by Big Knox; 19th May 2010 at 16:50.

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    Regular Member Grumpy1954's Avatar
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    Quote Originally Posted by Piston broke View Post
    In this sort of incident your pictures wouldn't be enough, if it was icy the other parties solicitors would argue that it was the road condition and not their clients poor driving that was the contributing factor in the accident.

    Even with pics, the court could not determine if the position of your car in relation to his or any other cars are contributary. You can argue that their position was relative to the point of the accident, he would likely say that he moved his car, or thought you moved yours, after the colision. As long as there is doubt you can't win I'm affraid.

    Unless you have independant witnesses to the accident that can verify your account of what happened, no judge would find in your favour and would agree with your insurers that a knock for knock settlement was the best solution. I know it sucks but the law really can be an ass!
    Sadly I agree, pics can be made to say anything in Photoshop even if your camera puts the date and time on. With no independent witnesses your insurance company are going to take the cheapest way out.

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    Regular Member Big Knox's Avatar
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    On a slight off topic, the 3rd party is claiming £849. If they go 50:50 and my insurance pays £424.50, will they then ask me for my excess? (£200, I haven't paid it yet because I didn't put in a claim, I fixed my car myself and just informed them of the incident)

    Also, if I then pay my excess and decide to pay the remaining £224.50 to cover their costs, would they then allow me to keep my no claims since techically I have cover the costs myself? Obviously my premium would rise a little because I would still have the incident on my record but the insurance company would have had to pay anything out in theory?

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    Regular Member Piston broke's Avatar
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    Quote Originally Posted by Big Knox View Post
    On a slight off topic, the 3rd party is claiming £849. If they go 50:50 and my insurance pays £424.50, will they then ask me for my excess? (£200, I haven't paid it yet because I didn't put in a claim, I fixed my car myself and just informed them of the incident)

    Also, if I then pay my excess and decide to pay the remaining £224.50 to cover their costs, would they then allow me to keep my no claims since techically I have cover the costs myself? Obviously my premium would rise a little because I would still have the incident on my record but the insurance company would have had to pay anything out in theory?
    I'm not a 100% sure but I had my car broken into a couple of years ago and my mobile and sat nav knicked. I claimed for the window but glass damage doesn't affect no claims, as I didn't claim for my losses (phone was insured with the provider and just replaced the sat nav) I didn't loose my no claims. But policies are getting more tied up with clauses and regulations to protect the insurers so best advice would be to ask them.

    If I had claimed for the theft from my car I would have had to pay the excess, (250 for me) so you would probably too. In my case I'd have had to pay 250 excess to cover a 200 quid sat nav and loose my no claims to boot. Your situation is a bit different. But if you intend to persue it, settling the claim yourself would not look good for you if you then challenged the other party.

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