Expert: Richard Hixenbaugh - 2/12/2010

Question
Hi Richard,

I am from the UK and am wondering about my friend that was recently in a car accident. I know the laws are different, but still looking for some general advice.

The accident occurred when the road narrowed due to parked cars on either side. My friend had stopped to give way to an oncoming driver (as there was only space for one car), when the oncoming driver signalled for him to come through. My friend began to move when all of a sudden he was struck on the drivers side, by the car behind him, who for some reason was going to overtake him. She says this is because she believed he was parked and she was "in a hurry".

So they exchanged insurance details, although neither got an independent witness to verify what had occurred (bad move I know). Today he received a solicitors letter from her representative, claiming that he emerged from a side road and that was why she hit him. It also claimed that she has suffered various injuries in the accident. The only piece of evidence I believe that he has on his side is where the accident occurred, a location they both agree on, has no side roads. Therefore it would be impossible for him to have emerged from one to cause the accident.

Do you think this evidence will be enough to secure my friend's account of the situation? What would you suggest next? He has already contacted his own legal support though, but it looks like she is planning on submitting a large compensation claim against him, for both her car and "injuries".

Thanks

Answer
Hi Alex,

I would suggest that your friend go back to the scene of the accident wth a digital camera. Take several photos at various angles. Then assuming that your friend has liability insurance, they should report the accident and provide the details, including the photos and a written detailed explanation of how the accident occured. Even a seperate schetch of the scene showing the position of the cars would be helpful. If UK auto insurance is anything like that in the US, your friends insurer should handle everything from there. They will contact the other driver or their attorney to sort things out and, if need be, negotiate a final settlement.

I hope this helps
Richard Hixenbaugh