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105 Posts
My motor-home was written off just before Christmas and I had a spell in hospital whilst they re-built my upper jaw. Pain was involved.
The circumstances of the accident were that I was stationery at red traffic lights (at the front of a queue) and a driver came over from the other junction at high speed and crashed straight into me. Plenty of independent witnesses have come forward to verify the events.
The police are prosecuting the other driver for careless driving.
I have tried not to over-elaborate - these are the bare facts.
The insurance company have paid the bulk of the value of my motor-home, but there are uninsured losses - insurance excess, items not recovered from the motor-home, damaged clothes (they had to cut them off me in the ambulance), trips to doctors/physio, etc etc.
The insurance company say they are unable to pay these until the court case is resolved.
I am considering a claim for damages - I have not taken this decision lightly (I am not a compensation junkie, no spurious claims for taxis so I can have a drink, from this member!!) but my family have gone through a lot whilst I recovered (and still some way to go).
It would appear that the other driver is considering trying to avoid prosecution. She has not admitted liability, nearly 5 months after the event. I know not on what grounds she is trying to get off this charge.
All this is leading to my request for help from learned friends here on MHF:
If the other driver gets off the charge, does this mean I lose the chance of getting my un-insured losses back? And would this mean that there would also be no case to answer for getting damages, or is this a separate case? I am not sure what the process is?
I could not think what possible defence the other driver may have - has anyone else had any similar experiences?
I am in discussion with a solicitor, but would appreciate other views/thoughts.
The circumstances of the accident were that I was stationery at red traffic lights (at the front of a queue) and a driver came over from the other junction at high speed and crashed straight into me. Plenty of independent witnesses have come forward to verify the events.
The police are prosecuting the other driver for careless driving.
I have tried not to over-elaborate - these are the bare facts.
The insurance company have paid the bulk of the value of my motor-home, but there are uninsured losses - insurance excess, items not recovered from the motor-home, damaged clothes (they had to cut them off me in the ambulance), trips to doctors/physio, etc etc.
The insurance company say they are unable to pay these until the court case is resolved.
I am considering a claim for damages - I have not taken this decision lightly (I am not a compensation junkie, no spurious claims for taxis so I can have a drink, from this member!!) but my family have gone through a lot whilst I recovered (and still some way to go).
It would appear that the other driver is considering trying to avoid prosecution. She has not admitted liability, nearly 5 months after the event. I know not on what grounds she is trying to get off this charge.
All this is leading to my request for help from learned friends here on MHF:
If the other driver gets off the charge, does this mean I lose the chance of getting my un-insured losses back? And would this mean that there would also be no case to answer for getting damages, or is this a separate case? I am not sure what the process is?
I could not think what possible defence the other driver may have - has anyone else had any similar experiences?
I am in discussion with a solicitor, but would appreciate other views/thoughts.