UNION HELP WITH LEGAL BATTLE

Barry Trotter · Post by **Barry Trotter** » 16 Sep 2008, 19:22

does anyone know where I stand with regards to getting legal help should I need it?
A few weeks back my partner was driving up our street when a car pulled across the road in front of her damaging our car headlight and wing. The woman had swung out with the intention of reversing into her driveway and claimed she didnt see my partner. as she was blocking the road and at a right angle to my partners car which was still on the right side of the road she reversed back into the space she came out of. the police were called, came and took statements but now the other person is claiming my partner,who had our 6 month old daughter in the car and who has driven on this road daily for the last six years,somehow swerved into her car which was parked.We have no witnesses to say that didnt happen just like we have no witnesses to say she swerved in front of our car. I am very worried about this as I'm not sure legally where we stand.

kay_thebigbird · Post by **kay_thebigbird** » 16 Sep 2008, 23:02

Barry Trotter wrote:does anyone know where I stand with regards to getting legal help should I need it?
A few weeks back my partner was driving up our street when a car pulled across the road in front of her damaging our car headlight and wing. The woman had swung out with the intention of reversing into her driveway and claimed she didnt see my partner. as she was blocking the road and at a right angle to my partners car which was still on the right side of the road she reversed back into the space she came out of. the police were called, came and took statements but now the other person is claiming my partner,who had our 6 month old daughter in the car and who has driven on this road daily for the last six years,somehow swerved into her car which was parked.We have no witnesses to say that didnt happen just like we have no witnesses to say she swerved in front of our car. I am very worried about this as I'm not sure legally where we stand.

The same thing happened to me a few years ago the insurance companys will argue & debate then agree on knock for knock unless you have witnesses , you will probably lose at least two years no claims which will mean higher premium, crap I know but at least your wife & baby are ok.

johnnyp · Post by **johnnyp** » 17 Sep 2008, 16:39

http://www.simpsonmillar.co.uk/

Try these friend

they are our unions solicitors,and if you are a member you may even get a bit of free advice

if i remember rightly,but dont quote me on that.Give them a go.

Post by **TrueBlueTerrier** » 17 Sep 2008, 17:26

CWU Legal Advice Helpline

Members can obtain free legal advice on non-work related issues by phoning the National Help line 0800 8046674. This service is intended to provide guidance only and in the event a Member wishes to engage a Solicitor to act on their behalf, they do so as a private client. The service is available from 08.00-20.00 Monday to Friday.

The Help line may also be contacted by e-mail at this address: cwulegalhelpline@simpsonmillar.co.uk

Barry Trotter · Post by **Barry Trotter** » 17 Sep 2008, 19:00

kay was absolutely correct on this one. the insurance company phoned this morning and said as there is no witnesses to back up my partners claim they have agreed on a 50/50 which means we are worse off than the person who caused the accident as our car sustained the most damage. this was mt first experience of making an insurance claim and if I'm honest,I can kindof understand why some people decide to drive around with no insurance and cop a £150 fine and some points on their licence if they are involved in a crash. still hopefully karma will play a big part in the other persons life. Thanks for all replies.

DGP1 · Post by **DGP1** » 17 Sep 2008, 19:08

Barry Trotter wrote:kay was absolutely correct on this one. the insurance company phoned this morning and said as there is no witnesses to back up my partners claim they have agreed on a 50/50 which means we are worse off than the person who caused the accident as our car sustained the most damage. this was mt first experience of making an insurance claim and if I'm honest,I can kindof understand why some people decide to drive around with no insurance and cop a £150 fine and some points on their licence if they are involved in a crash. still hopefully karma will play a big part in the other persons life. Thanks for all replies.

I think it's 6 points on your licence and a fine plus they take your car there and then and charge you for storage (you cannot claim your car back until you have insurance and pay the storage fees).

Post by **Lounge Lizard** » 17 Sep 2008, 20:26

disgruntledpostie1 wrote:
Barry Trotter wrote:kay was absolutely correct on this one. the insurance company phoned this morning and said as there is no witnesses to back up my partners claim they have agreed on a 50/50 which means we are worse off than the person who caused the accident as our car sustained the most damage. this was mt first experience of making an insurance claim and if I'm honest,I can kindof understand why some people decide to drive around with no insurance and cop a £150 fine and some points on their licence if they are involved in a crash. still hopefully karma will play a big part in the other persons life. Thanks for all replies.
I think it's 6 points on your licence and a fine plus they take your car there and then and charge you for storage (you cannot claim your car back until you have insurance and pay the storage fees).

Run a cheap old car and you've not lost much then !

DGP1 · Post by **DGP1** » 17 Sep 2008, 21:13

Lounge Lizard wrote:
disgruntledpostie1 wrote:
Barry Trotter wrote:kay was absolutely correct on this one. the insurance company phoned this morning and said as there is no witnesses to back up my partners claim they have agreed on a 50/50 which means we are worse off than the person who caused the accident as our car sustained the most damage. this was mt first experience of making an insurance claim and if I'm honest,I can kindof understand why some people decide to drive around with no insurance and cop a £150 fine and some points on their licence if they are involved in a crash. still hopefully karma will play a big part in the other persons life. Thanks for all replies.
I think it's 6 points on your licence and a fine plus they take your car there and then and charge you for storage (you cannot claim your car back until you have insurance and pay the storage fees).
Run a cheap old car and you've not lost much then !

Just your licence

Post by **Lounge Lizard** » 18 Sep 2008, 05:42

disgruntledpostie1 wrote:
Lounge Lizard wrote:
disgruntledpostie1 wrote:
Barry Trotter wrote:kay was absolutely correct on this one. the insurance company phoned this morning and said as there is no witnesses to back up my partners claim they have agreed on a 50/50 which means we are worse off than the person who caused the accident as our car sustained the most damage. this was mt first experience of making an insurance claim and if I'm honest,I can kindof understand why some people decide to drive around with no insurance and cop a £150 fine and some points on their licence if they are involved in a crash. still hopefully karma will play a big part in the other persons life. Thanks for all replies.
I think it's 6 points on your licence and a fine plus they take your car there and then and charge you for storage (you cannot claim your car back until you have insurance and pay the storage fees).
Run a cheap old car and you've not lost much then !
Just your licence

Many people drive for years and years without a license and have no problem if they're not involved in crashes.

axeman · Post by **axeman** » 28 Sep 2008, 08:32

Slightly incorect there doggy mate they survive on donations and as it's a voluntry service it's not always accessible yes it does have access to solicitors but the union has much more of a legal team at its disposal and referals are done at local level before the big boys get involved

andy2007 · Post by **andy2007** » 28 Sep 2008, 19:21

I know it's too late now. But I always used to carry a camera in my Glovebox, until I got a Camera Phone. Because something similar happened to my Dad, and as he didn't cave in to the knock for knock suggestion. He had to go through months of hassle, before they agreed that due to the road layout, and the damage sustained. It had to be the other driver's fault. But that isn't always possible. Particularly as it's expensive, fighting these things in the Courts. Although he did get the costs back, when he won the case.

However: If you take photographs at the time. You can use that to prove where the Cars ended up, what damage was done to each of them, and most importantly, a wide shot of the accident scene. Luckily, I haven't needed to test this yet. But I see no reason why anyone would be able to object to you using them as evidence. After all: The Police use photos as evidence, don't they.

Barry Trotter · Post by **Barry Trotter** » 28 Sep 2008, 21:34

I actually had my camera in my pocket but as my little girl was screaming something in my head said forget about everthing and concentrate on getting the baby somewhere warm,its a lesson learned incase it should ever happen again. thanks andy