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dmcurrie67

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dmcurrie67 | 21:53 Tue 09th Feb 2010 | Law
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one year ago an old lady walked into my son-in-law's car on a very dismal night. An ambulance was flagged down. A passing motorist told the ambulancemen that it was totally the lady's fault. She herself was on the ground and repeating that she was very sorry. The police came and took no action ( and did not breathalyse my son in law.( odd,admittedly). The police helped SIL to push car into side of road as the battery had gone flat.
A couple of evenings later, my daughter and husband went to see the lady in hospital and took a large box of chocolates for her. She started to shout that it was their fault (as did her relatives.).
A year later they have received a lawyer's letter suggesting that the lady was owed compensation. They went to the police who seemed to think it was all a bit silly. The lawyer wants a reply within 21 days! Should they just do nothing?
It sounds like one of these 'no win , no fee' deals we see on TV.
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if and its a big if it comes to anything you could always advertise asking for the passing motorist to make a statement also counter claim for damage to your car caused by this person. Lesson learnt? never trust what anyone says at scene of accident, get as many witnesses as possible and admit nothing
when you say "lawyer's letter suggesting that the lady was owed compensation" do you mean an official letter of claim? Does it refer to passing the matter onto Insurers?

Was your SIL stationary at the time? if so - why?

If the lady was in hospital a few days later, then her injuries sound a little more severe than would have been incurred by her walking into a stationary car. Have the lawyers confirmed the injuries sustained?

From the information so far, unless the ambulance records make note of what was said by the passerby - the accident circumstances appear to be one person's word against the other.

Really need more information about the content of the letter before I can give any proper advice though....
Many years ago, a lady pushing a pram walked out in front of my car. I swerved, missed the pram but hit her on the hip. I had witnesses too and the police took no action. I remember that she too lay on the ground saying it was her fault. She was in hospital with a broken hip. However, I rang her husband that evening to see how she was and my now late father, ( a solicitor), told me off for doing this as it might have been construed that I was admitting liability.

This was in the late 60's, long before the "no win, no fee" culture, so may be it wasn't a good idea to visit the lady as your SIL did. I don't think they should be worried though.

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