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Can Anyone offer advice please?

Aces709 (Mostly Harmless) posted this on Thursday, 21st January 2010, 13:19



Hi,

I am at my wits end.

Long story short - I was driving without insurance UNKNOWINGLY and kid ran out into road and I hit him.

Police said it wasn`t my fault and after proving to court I knew nothing about insurance side my licence wasn`t endorsed. Basically insurance had been paid by company in lieu of expenses but company shut down 2 months later and liquidator had cancelled policy without telling me and even though it was private insurance the company refunded company credit card!

Anyway Parents of boy have now gone to no win no fee solicitor and Motor insurance broker (because its easier - told to me in those words by their solicitor) have agreed to pay 40% of what the claimant asking for - they then supposedly get money from me.

I was in the right the kid was talking to his mate looking the opposite way and just walked out onto my bonnet.

What can I do as I don`t feel they should profit out of their kids wilful negligence.?

I have been on Anti Depressants since the incident and just getting off them but this has really knocked me for 6.

Any and all help / advice will be greatly appreciated.

Cheers

RE: Can Anyone offer advice please?

Paull (Elite) posted this on Thursday, 21st January 2010, 13:28

It`s a little unclear, but go to your/a solicitor who deals with such claims & get his advice. I would not let a penny of my money go to the kid under any circumstances.

RE: Can Anyone offer advice please?

kebabhead (Elite) posted this on Thursday, 21st January 2010, 13:42

Quote:
I was in the right the kid was talking to his mate looking the opposite way and just walked out onto my bonnet.


Do you have any witnesses?

More than likely they will receive a payout from the Motor Insurance Bureau

RE: Can Anyone offer advice please?

badboybez (Elite) posted this on Thursday, 21st January 2010, 13:55

Can`t you counter sue them seeing it`s left you on medication?



In Madness You Dwell

RE: Can Anyone offer advice please?

Aces709 (Mostly Harmless) posted this on Thursday, 21st January 2010, 15:45

The police got witness statement of one person who backed up what I said, unfortunately I wasn`t with it enough to get witness details.

According to CAB - its "highly unlikely" that I could counter sue - although I was asking about negligence as opposed to medication.

The MIB have said that I can withdraw from them and they won`t settle; however civil matters are dealt with differently than criminal and if they came after me directly a judge could still find against me!

I just don`t know which way to turn! I thought that the law was supposed to help me but it seems not.

RE: Can Anyone offer advice please?

Mister Smee (Elite) posted this on Thursday, 21st January 2010, 16:00

You really need to speak to a solicitor.

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Could someone please
Remove these cutleries
From my knees...

RE: Can Anyone offer advice please?

Mikeonfreeserve (Elite) posted this on Thursday, 21st January 2010, 19:59

I think you`ll need to set it out much more clearly before asking for advice.

You say the police have statements?

Are you meaning Motor Insurer`s Bureau, or Motor Insurance Brokers?

Did you fail an alcohol/drug test?

Were you speeding.

Was the car Mot``d

I don`t want the answers but whoever is advising you will.

An hour with a good brief and an appropriate letter may sort it.

RE: Can Anyone offer advice please?

Basbat (Elite) posted this on Friday, 22nd January 2010, 01:43

I have heard of cases where lorry drivers have been taken court a fined because the unknown to them the company`s they worked for have not insured the vehicles,also I`m surprised that any court would let the excuse that "I didn`t know" be used as a defense. :/

As for the kid you hit then it is quite simply your fault because whether the kid saw you or not is irrelevant because you should not have been on the road in the first place because you had no insurance cover for the vehicle you where driving, whether you knew or not is immaterial.

Mr Basbat

This item was edited on Friday, 22nd January 2010, 02:06

RE: Can Anyone offer advice please?

Paull (Elite) posted this on Friday, 22nd January 2010, 08:06

As for the kid you hit then it is quite simply your fault because whether the kid saw you or not is irrelevant


Are you serious???


RE: Can Anyone offer advice please?

sj (Elite) posted this on Friday, 22nd January 2010, 08:30

Basbat, what an absolute load of s***e.
Quote:
I`m surprised that any court would let the excuse that "I didn`t know" be used as a defense.
Surely that`s the idea of a court though? Make sufficient enough of a case that you didn`t know - but only with very good reason.
Let`s say today you go out but unbeknownst to you someone had kindly called your insurance posing as you and cancelled the policy and got a refund. Some kid runs out at you and you run him over. To your logic it is totally your FAULT and should never have been on the road.. :/
EDIT: Troll.

Ste



We will pay the price but we will not count the cost..

This item was edited on Friday, 22nd January 2010, 08:31

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