Car accident case ... evidence

7
Found 29th Aug 2017
In Jan 16 a large delivery van, the long transit type with no windows, for no explicable reason slowed in the middle lane of the link road joining a motorway and then veered into the side of my car hard. When we stopped he claimed in front of my father & I that he had been cut up by another car and had to veer sideways (no reason given for slowing). We exchanged details and I reported it etc. Once the claim was in he suddenly claims that I was the one that hit him although he does not make a claim or counterclaim (as I have taken him to court).

I know I am in the right but am I am worried how the judge on the day will treat the evidence of my father as he is not an independent witness (or is he?)

I tried to get CCTV, reported the matter, claimed etc. .... and he did nothing .... but I am worried that a judge will not take these factors into account.

I did not accept an offer of 50/50 from the other side (that apparently can't be told to the judge) ... again why would they make such an offer if innocent. I don't think I should suffer a loss for something that was not my fault.

Anybody been through similar or have any advice in general. many thanks.
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Why has it gone to court..which type of court? I was side-swiped by an HGV earlier this year; his front offside bumper damaged my rear offside door and panel - I was on a traffic island. HGV driver stated it was my fault and he had a witness and cam in the cab. I let the insurance company sort it and it transpires he was texting and didn't see me..he hadn't sounded his horn either. 100% his liability.
It has gone to court as he has denied liability and it has had to go to the small claims court. I do not what he told his employers afterwards or whether there was a dashcam .... they have not produced or even tried to produce any evidence.
firswood27 m ago

It has gone to court as he has denied liability and it has had to go to …It has gone to court as he has denied liability and it has had to go to the small claims court. I do not what he told his employers afterwards or whether there was a dashcam .... they have not produced or even tried to produce any evidence.



So is your insurer taking him to court or you personally? Are you claiming against the driver or the company or the insurer?
Edited by: "chocci" 29th Aug 2017
Using a legal firm that deals with motor accidents and the proceedings are in my name against the drivers employers.
Small claims court disputes are decided on "all likelihood" basis - not as criminal cases "beyond reasonable doubt" (or now as they say - "must be sure").

Therefore - turn up, say your piece, present all the facts and detail that you reported the incident immediately etc. Have copies of all necessary paperwork with you - you need to appear to be very organised.

You and your father should behave very professionally. As it is ultimately your word against the van driver's the judge has to decide who he believes. They do this all day, every day so they are well skilled at spotting liars and scammers. It is OK to look/appear nervous but just make sure you behave professionally - look annoyed that you are there but don't get angry and say something you later regret.

I'm sure you will be fine - you sound like you know what you're doing! Good luck!
People like this make me sick. Where has good old fashioned honesty gone?
My only words of advice is invest in a dashcam....

In incidents like you've mentioned (and it's getting worse day by day because people know they won't be punished) it's the only thing that will ensure you are not going to lose out.
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