Car accident advice.

[captainbarnacles123]

Hi,

I’m looking for some legal advice and will try to keep this brief! I had a car crash a few months ago. This took place on a roundabout. I drove onto the roundabout and travelled to the right. (Second junction) the car across from me (first junction) entered the roundabout as I travelled round causing me to crash into the rear passenger door.

I reported as a non fault accident as I was established on the roundabout. The other driver also reported this as a non fault accident stating that I should have seen them coming (???). This was a minor car accident. My child was in the car and was unaware of the crash.

This has been going on for a few months now. The other driver and passenger have made a personal claim.

There have been a few things that have been alleged “without prejudice” that are untrue. This is where my question lies and I will get to this shortly….

1. They initially stated I wasn’t indicating but I was able to prove I was so this wasn’t mentioned again by their legal representative.
2. They then said they entered the roundabout and were stationary on the roundabout due to heavy traffic and I had entered and drove into the side of them. I later obtained cctv that recorded part of the roundabout but not the actual crash. It was proven that the traffic was free flowing and there would be no need to be stationary on the roundabout. This hasn’t been mentioned again.
3. They are now saying that I approached at speed. This can’t be proven on the cctv and I am driving at similar speeds to other cars. You don’t see their car approach the roundabout in the cctv so now they are saying they were driving into the roundabout.

My statement has remained the same throughout. The issue I now have is that I feel this is a fraudulent claim given the changeable statements. Could I speak about the varying statements from the other driver if this goes to court or does the “without prejudice” give them the free rein to alter their version of events?

Any advice would be hugely appreciated. This is driving me more crazy than it should! Happy to provide diagrams!

Writing "without prejudice" on something does not automatically protect the contents. The question is whether they are making a genuine attempt to reach a settlement with you. If they are, you cannot refer to it in court. However, if they are not, you can indeed refer to it.

Just direct them to deal with your insurance company. If they contact you directly just tell them to talk to your insurer.

Thanks for the advice so far. The details above are what we’ve been told by our insurance so everything is going through the insurance, they’re just keeping us updated. Initially they had said that they would suggest to continue pursuing but now they’re are speaking about either pursuing - and therefore going to court or suggesting a split settlement. I’m reluctant to settle because she pulled out on me on the roundabout and has subsequently changed her story 3 times. However, I just don't know what the outcome would be.

The reason I asked about the “without prejudice” comment was because if it does go to court - could I refer to the fact that she has changed her position 3 times or because this is “without prejudice” just it mean we all act as though this hasn’t happened?

See my earlier answer.

If a "without prejudice" letter is a genuine attempt to reach a settlement, it cannot be referred to in court. If it was not a genuine attempt to reach a settlement, you can refer to these allegations in court notwithstanding the "without prejudice" wording.

Thanks so much for this. Appreciate it.