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mickhemps · Joined: 15 Apr 2006 Posts: 2

My wife was involved in a road traffic accident just before Christmas. She was in no way at fault. She had clearly indicated to turn right when a car driven at speed tried to overtake her hitting her car that hard that it actually spun and ended up facing the way she had been travelling. The guy got out of his car screaming and swearing at her and when she explained that she had indicated in ample time and that he was speeding in a 30 MPH zone he calmed down. He then said that he was in a hurry to get home (0830 hrs) to baby-sit as his wife had a job interview. My wife had called me and I arrived at the scene. We swapped details and I asked him if there were any witnesses to the accident to which he and my wife said no. We reported the accident straight away to our insurance company It took this guy a week before informing his insurance company and a week after that we were informed that he had provided a witness statement informing all concerned that my wife caused the accident by failing to indicate and was on her mobile phone. (We have hands free Bluetooth fitted) I have produced the phone companies records which show no calls had been made or received before the accident. His witness states that he saw everything and was standing on the corner noticed my wife on the phone and that she was talking and turned right without indicating. My wife was slightly injured in the accident was in shock and very frightened yet this witness did not come to see if she was ok. Our insurance company have accepted his claim and have paid his counter claim. My wife is now £210 short and has a claim against her even though she was an innocent victim - My point here is to inform all other drivers that when involved in an accident that is not your fault you must ensure that any witnesses names are noted - if no witnesses then ensure you get the other party to sign a statement to that fact. Apparently this is now very widespread and insurance companies are paying out. I can not afford to take this further as my insurance legal cover (waste of time) informed me that the court would favour the third party has he has a witness

andrea10163 · Posted: Wed May 10, 2006 8:56 am Post subject:

Isn't this a very sad world that we live in, that people can cause injury to others and gain from it?

I am wondering why the police were not called for when this happened. Also I would say...tuff luck...if he was going to be late for baby sitting. His actions could have meant that your wife might never have returned home alive.

I would say in all accidents that have involved more than a very minor bump...that the police should be involved, although I have heard lately that Tayside Police are now questioning the calls that they get about accidents and unless it involves someone being injured they are saying they wont respond. These actions actually allowed someone who was smelling heavily of alcohol who had caused an accident, to walk away. The police were told that there was a strong smell of alcohol but still failed to attend.

I am sorry to hear that you cannot take your claim further, and I would be tempted to threaten to spread the name of the insurance company over the national press regarding there obvious "dont give a s**t" attitude and maybe then they will review your case.

Good Luck

thescruff · Moderator Joined: 03 May 2003 Posts: 4500 Location: Bath

Doubt the police would be interested, but you could threaten him with a private summons, just to see if his witness is prepaired to lie under oath.

Contact the witness yourself if you know who it is or demand to know if you don't. then ask him for a statement as you intend to take the matter to a civil Court. remind him it's a serious offence to lie under oath.