My Accident 2 Years Ago

[jennyjoan]

Just been informed from my Solicitor that the other driver's insurance have concocted a completely different story to what happened on that day. I mean she said I was actually on the other side of the road when basically I was where I was.

Solicitor has stressed I need one witness and whilst there were loads that day (it was two years ago) she would like to me get one witnesss - my god it was a busy Saturday lunchtime - she tells me now if I can't get one witness then I have no case. I was hit in the middle of the road and the ambulance took me away about around 15 mins whilst I was still stunned and shocked - Solicitor feels I should have been interviewed by the police at that time sitting on the chair await ambulance. shaking, lost hearing aid and subsequently broken shoulder and two breaks in my collar bone.

Solicitor was concerned about the police report which I did visit the station and got a nasty police lady who said - "There were no CCTV - you were hit ok by the car but my colleagues who attended that day were happy with the driver". So that's that. And walked out - No I didn't sign any paper. So there you go.

[ummmm]

I got hit on a pedestrian crossing. The police didn't come out until the afternoon (it happened about 8.30am)

Loads of witnesses as it was the school run, I don't know what details they took from them but I was compensated.

[Zacs-Master]

Does the other party have a witness? If not, just stick to your original story / statement. I had fairly threatening phone calls from another party’s solicitors that if I didn’t change my story, it would go to court. He magicked up a witness from nowhere (I knew there wasn’t one because we pulled into a car park to exchange details). I just stuck to my story and they backed down.

[murraymints]

if you have no witness then neither does she ?

[jennyjoan]

I don't know Zac about the witness - I am only surmising this - whilst I was in the chair awaiting ambulance - I looked across a busy road and the girl was "crying" so I assumed it she was the driver.

Don't know if she got a witness and police report.

But a guy approached me and sorta knew me (this is me sitting on the chair) and said - if you need me call to my house. So a few weeks later still shaken per se - and J said JJ - I just walked up the street and saw on the chair but didn't actually witness the hit.

[ummmm]

So not a witness then.

[Arrods]

I would have thought that, if they were blaming you wholly or partly for the accident, they would be seeking compensation from you. If not, as stated, stick to your story.

[jennyjoan]

minty - nobody seems to take it on board - I had about 9 lumps on my head and the rest of the insuries and so so was stunned - perhaps concussion and I wasn't fit to ask questions awaiting the ambulance.

The police did arrive at the scene but did not interview but perhaps I was in shock but of course they maybe did interview her - I don't know.

But the amazing thing was they are saying I walked the opposite way she is saying - so now saying I stepped off the curb into her way. which she feels she didn't get time to emergency stop

[Zacs-Master]

I think jj’s solicitor means a witness who can corroborate her side of events. Didn’t anyone take photos showing you weren’t on the other side of the road? Doesn’t the accident damage confirm you weren’t? Did you have to draw a diagram of the accident which shows you on the right side of the road?

[Zacs-Master]

Oh, I see. It was a pedestrian / vehicle collision.

[Deskdiary]

^^^IF they had damage - if they didn't then there's nothing to claim for.

It is entirely incumbent on you to demonstrate on a balance of probabilities (i.e, more likely than not) that they are liable for the incident. If you cannot demonstrate this your claim will fail. The other party does not have to demonstrate they were not liable.

[Deskdiary]

Mine was in response to Arrods.

[jennyjoan]

sorry zacs it was two years ago - and Solicitor wants me to majica witness up - shall I drop the case with the no witness.

[Arrods]

Oh I see. Strengthens the case to stick to your statement. I'm not sure, but I think the courts tend to side on the pedestrian victim unless there is evidence to suggest the driver had absolutely no chance of avoiding the collision.

[EDDIE51]

Keep on with the case !

[Peter Pedant]

um I think you follow your solicitors advice
he knows what documents there are / may be and what they might say
we dont

if he doesnt want to continue- he will say ....

we cant say really - as for the driver saying she jumped out at me - well she would woldnt she ?

[jennyjoan]

well PP - I think it was her way of saying there's no case.

She said if I can't get a witness - she can't prove anything in court. Oh and that I could hurry up with getting a witness. What would you take out of that?

[jennyjoan]

^^^^ the Solicitor is a she and the driver was a she

[Smowball]

They want you to find witnesses after two years?? Just completely stick to your story and don’t back down, that’s all you can do.

[jennyjoan]

I was going to back down Smowball and she very intimated definitely - no witness - no case. I mean on her side (Solicitor) what can she do without the witness.

[Smowball]

Do NOT back down JJ as it will look as though you were lying from the start. Stick to your guns.