Car accident - advice please

[tatt]

Some months ago white van man hit the rear bumper of my car as he drove past. It was in a narrow lane, he'd made no attempt to pull in or even slow down and I suspect he bounced off a speed bump going too fast. At the time of the accident I'd stopped, having pulled into the hedge when it was obvious he was going past every drive he could have pulled into.

For months his insurers refused to respond so my solicitors went to court. His insurers didn't respond to service (or something like that) so they applied for judgement. However his insurers then filed a defence claiming I drove past a drive I could have pulled into and hit his van when passing him. I did go past a drive - there were boxes on it where someone sells veg so more room to pass further along. But I stopped when it was obvious he wasn't slowing down and there wasn't room to pass and he just came on regardless.

There was someone nearby but they now say they didn't actually see the accident, just heard the bang.

When its effectively one person's word against another what does a court do? Are they likely to say split it? I have a totally clean driving record, no claims before if that makes any difference, and I'm not keen on losing my no claims bonus for something that wasn't my fault. His insurers have offered to split 70/30.

I think the fact he hit your rear bumper rather gives him away, don't you? Unless you reversed into him deliberately at speed??

He has committed a criminal offence due to the Fail To Stop as well. Have the police been involved at all? You can still report him for this and they will have to investigate.

Although it was the rear bumper he was driving at me head on - the bumper comes round the side of the car and he hit the side part rather than from the rear. Does that make sense? But he had time to stop.

And he did eventually stop - although a bit further on when he saw there was someone nearby. He didn't want to give insurance details but he did give me his name and the company name was all over the van. So I rang them to get the insurance details. I don't think the police would do anything, I was a witness once when someone did drive off and only stopped when I followed them, the police did nothing about it.

Presumably you've gone through your insurance company. It will be up to them as to whether they continue with court action or whether they suggest some sort of settlement.

In the meantime the defence is still on the weak side as he is at least admitting to bumping into you. If you had stopped then he should at least have slowed down to pass you with care.

good luck, someone once reversed into my van in a car park, then drove off, I got their reg, the police went round, but could do nothing, as they wouldn't answer the door, it cost me £350 to have the side panel repaird

I think it does sound weak as a defence, but your insurance company might cave in anyway to save themselves money potentially.

I think - I'm not sure as they don't tell me much - he did try to deny it completely until the person nearby confirmed it had happened.

The insurance company asked me what I wanted and I said to go to court.

Did you get the details of the person who heard him deny everything? When it is one person's word against another's, you have to look at peripheral evidence. The fact that he didn't stop for a while (if you'd hit him, he'd have stopped bloody smartish), the fact that he denied it until it was confirmed by a neutral third party, the fact that his insurers refused to acknowledge your claim until you went to court.

It all adds up and although the final verdict might not be 100% in your favour, it's probably going to be a lot better than 70/30.

he didn't contact his insurers and why my insurers did they kept saying they were unable to confirm there had been an accident, hence the court action.

when not why

Finally got the cheque today - full settlement. Still angry that it took so long but at least justice was eventually done.

pleased it was sorted.... eventually