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Can I insist on this? Long post, sorry!

  •  Thu, Oct 01 2009, 8:37 PM

    Can I insist on this? Long post, sorry!

    Back in December I was in a minor car accident. Without going into boring lengthy details, it was caused by another driver performing an illegal maneouvre by overtaking a slow moving vehicle which was letting me out of a layby exit in order to go in. The car scraped the front of mine and sustained a small amount of damage to the back bumper. My car also had minor damage but wasn't worth putting in a claim for as it would have been less than my excess.

    Anyway, this other driver initially agreed to settle out of court - we offered to pay half of her repair costs provided she got quotes from different garages and not just the most expensive. But then a couple of days ago I got a letter from a solicitor saying she was going to claim for extensive damage AND personal injury. This is the woman who walked about 100yds from her car to ours to amicably (at the time) exchange details.She's trying to claim we were at fault yet it was her who drove without due care and attention, and illegally overtook the other vehicle.

    So, where do I stand? I don't think for one minute that she had either extensive damages or personal injury as the bang wasn't that much of an impact. Can I insist on a full medical examination and garage check to refute her claim? I really don't want it to go to court and I can't afford to pay out the 50/50 my solicitor is trying to negotiate, and I don't see why I should have to as it definitely wasn't our fault! We've already offered a 20% fault (20/80 split in our favour) but this was rejected. Could we insist on this being accepted if there's no evidence to back up her injury and damages claim? This is the first time anything like this has happened to me so I've no idea of the legalities and options...

    • Post Points: 20
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