Question regarding county court motor accident claim statements

[sampl90]

Hey guys

 

Apologies if I am in the wrong section, but I am new here!

 

I recently had an accident with another driver where our cars collided.

The third party was 100% in the wrong in regards to the accident

however she is not claiming liability considering that it was her fault.

 

I'm not here to get advice on the accident details,

I am here to ask a question about court statements.

 

 

When in contact with the solicitors dealing with my case for me,

i've obviously given them my statement of what happened and I know i've been completely honest with this because not only is this my first ever court appearance, it's my first time dealing with something like this so I wanted to ensure 100% truthfulness.

 

I've been sent her statement in regards to what happened that night, reading through it she has completely lied about what was said in the conversation between us after the accident.

 

Before I go into what was said, I just want to say that this third party (defendant) is of Polish decent and spoke broken English...

 

When I got out of the car,

I said to her that she was in the wrong lane and cut into me causing the accident,

to which she replied

"I was in the right lane, you were in the wrong lane"

 

 

to which I replied "Ok thats fine,

if you want to argue this i'll call a police officer myself and get them to see who was in the wrong lane" and that was that...

 

In her statement, she has wrote -

'he got out of his car, I told him he was in the wrong

and he said "I am a police officer I know what lane I should've been in'

 

My question to you guys is

what exactly happens at this point

there has clearly been a mis-communication due to a language barrier?

 

 

I am slightly concerned as the last thing I want to get branded with is impersonation of a police officer when it did not happen at all.

 

I hope this is enough information in regards to the question I would like answered

 

Many thanks

 

Sam

[BankFodder]

Basically you simply state that you disagree with what has been said and you give your version of what has been said and explained that it is properly a question of the misunderstanding of the conversation by the other driver because English is not her first language and also because of the stress of the situation.

 

We can help you a lot more if you will tell us a bit more about the court case.

 

Are you being prosecuted? Is this a County Court claim? Are you the claimant or the defendant? Who is the solicitor acting for, you or her? What is the value of the damage? Are there any witnesses? Please pay attention to these questions and answer each one of them and also give us any other information which might be relevant

[SuperVillain]

Nothing to worry about really, just sounds like a language barrier issue.

 

This sounds like a civil claim (if not we really need more information).

 

I imagine it would be helpful if you could copy and annotate her witness statement with the points you disagree with, and send that back to your solicitors. They will hopefully pass that on to the barrister who will be representing you at the final hearing and in any event you can discuss it with him/her beforehand. They will cross examine the lady appropriately.

 

To be honest I've been to several RTA civil (small claims, fast track and multi track) trials and who said what after the accident plays little part in overall proceedings, when it comes to a liability decision. The barristers will be trying to establish negligence through their questioning so things like the layout of the road, positions of the vehicles etc are what the judge will be concentrating on.

 

Have your solicitors given you their view on your chances of success, now that witness statements have been exchanged?

[Ganymede]

Hey guys

 

Apologies if I am in the wrong section, but I am new here!

 

I recently had an accident with another driver where our cars collided. The third party was 100% in the wrong in regards to the accident however she is not claiming liability considering that it was her fault.

 

ANYWAY! I'm not here to get advice on the accident details, I am here to ask a question about court statements. When in contact with the solicitors dealing with my case for me, i've obviously given them my statement of what happened and I know i've been completely honest with this because not only is this my first ever court appearance, it's my first time dealing with something like this so I wanted to ensure 100% truthfulness.

 

I've been sent her statement in regards to what happened that night, reading through it she has completely lied about what was said in the conversation between us after the accident.

 

Before I go into what was said, I just want to say that this third party (defendant) is of Polish decent and spoke broken English...

 

When I got out of the car, I said to her that she was in the wrong lane and cut into me causing the accident, to which she replied "I was in the right lane, you were in the wrong lane" to which I replied "Ok thats fine, if you want to argue this i'll call a police officer myself and get them to see who was in the wrong lane" and that was that...

 

In her statement, she has wrote - 'he got out of his car, I told him he was in the wrong and he said "I am a police officer I know what lane I should've been in'

 

My question to you guys is what exactly happens at this point there has clearly been a mis-communication due to a language barrier? I am slightly concerned as the last thing I want to get branded with is impersonation of a police officer when it did not happen at all.

I hope this is enough information in regards to the question I would like answered

 

Many thanks

 

Sam

 

 

 

You're paying your solicitor 25% of your compensation (probably) so why not ask them and get your monies worth?

 

But seeing as though you asked, she will give her version of events and you will give yours. Your will be be cross examined and the Judge will decide who he believes. That's pretty much it really.