Quizzes & Puzzles31 mins ago
Car accident compensation
4 Answers
My daughter was in a traffic queue when the car in front of her (who happened to be on a box junction) reversed to let a car coming in the opposite direction into a turning. By reversing she hit my daughter's car. She got out and apologised and said there was no damage to my daughter's car. My daughter asked her to turn down the side road so she could have a better look. This lady took my daughter's details. My daughter asked for the lady's details but the lady said it didn't matter because no damage was done. My daughter didn't have a pen or paper and without this women lending hers she had no way of taking any info down. My daughter was also shocked by was had occurred. It now turns out (3 weeks later) that this woman has approached a solicitor and has stated that my daughter drove into the back of her. She's not claiming any damage to car. But what she is claiming is whiplash to herself. What do I do. This 'injuyry', if there is one, is obviously self inflicted. She's a woman in her 40s who is making the most of our 'compensation society'. She would have sustained greater injury if she had been on the bumper cars at a fun fair. What would you advise?
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For more on marking an answer as the "Best Answer", please visit our FAQ.The injury and the money are irrelevant. The main issue at stake is who drove into who. Without witnesses it is her word against your daughter's. Your duaghter must (if she hasn't already)report the entire story to her insurance company and let them arhue it through. She should avoid any contact with this woman.
A claim where it is one person's word against another is unlikely to succeed even in a County Court where the standard of proof is the "balance of probabilities". Liars rarely succeed either in County Courts; Judges are not entirely stupid and in County Courts tend to be newer appointees and keener (younger!). Submit a short rebuttal to any claim she may make tho any solicitor with sense should advise against claiming.
With her having your daughters insurance details and not divulging her own, to her insurers it would look like your daughters fault, if you have any witnesses then i would get a statement, insurance companies seem to favour the most common accident i.e driving into the back of her, this wouldn't matter about the box junction without photographic evidence, and if you had this it would support your claim anyways.