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Q: I was involved in a road traffic incident that occurred in a car park. I was correctly proceeding to drive my vehicle when a third party’s car pulled out of a parking bay and crashed into me. We exchanged details but I was concerned that the person was young and a provisional licence holder so I called the police. The police attended and confirmed that the person was insured and liability has been admitted to my insurers. My vehicle is being repaired at the moment. My insurers will bill the third party for the costs. I have been given a hire car as replacement; the only expense is petrol in the other vehicle. How can I go about claiming expenses?
A: Litigation would only place you back in the situation you would have been in had the accident not happened and cannot simply be for your own betterment. Your vehicle is being repaired by his insurance company who will bill him for this. You would have had to put petrol in your vehicle had the accident not happened and so there has been no loss. In addition, any petrol still in your vehicle will still be there when your vehicle is returned to you as it has not been deemed a total loss. If you had any personal property in the vehicle which was damaged you could potentially make a claim, yet as you do not there is no grounds for you to claim on expenses and, when the vehicle is returned to you repaired, you will have been compensated.
I was stopped by the police and found to be driving over the limit. I have been given a date to appear in court. I have been advised to plead guilty but to also say this was a one-off incident in which I drank alcohol as pain relief, proving to the court that this type of offence will not happen again in the future as they have a duty to public safety. Do you suggest I should say this?
read moreI was in a road traffic accident recently and the driver I hit has started a personal injury claim against me. I believe that person who is suing me acted deliberately however in order to claim on the insurance. What should I do?
read moreI was waiting at a junction then pulled out into oncoming traffic. I was hit in the side by another car which bounced off and went off the road into a field. I have not been cautioned yet and I have not been told anything by the police yet, but I am wondering if there is a possibility that I could be charged with driving without due care and attention. I would like legal advice about this.
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