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.

[Rockrose]

So is this a private case against the driver for her hitting you?
If there was a case would the police not have prosecuted her?

[Smowball]

Morning RR. How are you?

[jennyjoan]

RR - driver is saying I stepped off the kerb on the completely opposite side of what really happened. I was on the other side walking into middle of the road when I "fell" down. When I came to - there was a girl and fella holding me up and I remember asking what happened. The girl spoke and said "you fell down" which made me thought I had indeed collapsed. on that subject I don't think the girl wanted to be involved. Ambulance came - no police officers interviewed me there at the scene as I was too shaken up.

However when I went up to Police station some weeks later - officer was very abrupt and said "I wasn't there but my colleagues who there that day are happy the driver wasn't at fault. Me that day - you know I wasn't sure if indeed I collapsed or knocked down. Her (oh you were knocked down ok) - she wrote 4 words and walked out - I didn't sign anything and was left to walk out by myself.

[Canary42]

Keep going - my brother was faced with a similar case where the other party lied about his (my brother's) position/direction, this being entirely at the Insurance Company's instigation. He stuck to the truth and they pulled out 3 days before the scheduled Court appearance. The wicked insurance companies always try every trick in the book (especially passive intimidation) to avoid paying out.

[jennyjoan]

thanks Canary - did your brother not have a witness either.

[Rockrose]

I'm sorry but I am not really surprised that your solicitor wants a witness as your last comment on the incident really makes no sense at all!

[Smowball]

JJ are you saying that you actually don’t know if a car hit you or not?

[hc4361]

Just to be clear - YOUR solicitor is saying there is no case without a witness?
YOU aren't sure that you were knocked down. Could you have collapsed in front of the car which then hit you?
Was there any damage to the car?

[hc4361]

Also, are you using a no win, no fee solicitor?

[ummmm]

I asked you this before which offended you. Had you been drinking?

[Smowball]

JJ I’ve just re read your last answer closely. It says that when you went to the police station you said “ I wasn’t sure indeed if I collapsed or was knocked down that day”. So I don’t know how you can now pursue this if you don’t actually know what happened. Unless I’m missing something obvious.....

[Barmaid]

If you are not sure whether she hit you or whether you just fell (and if you cannot remember) then I would be inclined to drop it. If you arent sure, then the Court cannot find for you on the balance of probabilities (which is the level of proof required). However, I would take your solicitor's advice.

Ignore the fact that the police did nothing. They are only interested if they can prosecute. Whilst a successful prosecution would be extremely helpful to you the lack of one is neither here nor there.

[Baldric]

JJ, is this the accident when your shoulder was broken?

[hc4361]

Yes, it is, Baldric. JJ tells us in her OP

[Baldric]

Thanks JJ, oops sorry hc, the only reason I ask is because I saw this,

https://www.theanswerbank.co.uk/ChatterBank/Question1321398.html

[hc4361]

Awwww. She must have suffered two broken shoulders over the years

[jennyjoan]

to be honest with you what has upset me more than anything - the driver is saying I was sitting on a chair on the opposite side of where she hit me.

she is saying I was walking the opposite way of what I truly was.

anyway thanks for all your responses.

[jennyjoan]

Baldric you are so correct - I broke my shoulder in 1994 - so it would be the 2nd time

[fiction-factory]

>the driver is saying I was sitting on a chair on the opposite side of where she hit me.

Did you mean to type 'sitting on a chair' jenny?

[jennyjoan]

ummmm - you can never lot it drop re drinking - have you given up smoking which is definitely going to cause you one hell of a heart attack as my friend like you was a heavy smoker - had one last September.

please stop raking the *** about me and talk about your own.