Ahould I got to court over car accident??

[thetosh]

Been offered a 50/50 split from Insuance, which means I would loose my no claims, She has claimed for damages and Whiplash,
I want to fight this in court, She was behind me and hit my car as I was pulling into my driveway, she was undertaking me at around 5 mph. lots of damage to my passanger side, and also my car is leaking oil. Taken nearly 6 months to get this decision, inspector has said around £3000 to fix. but i want to fight this as another point Is that the lady also had 2 more passangers that where sitting in the front passanger seat!!! her daughter who was holding her daughter on her lap without seatbelt, Against the law ainit, so is undertaken, what do you think my chances are of winning? as ive never gonr through anything like this before, My insurance cover is only 3rd party fire and theft, so ive gone through one of these car insurance no win no fee, As ive had no help from my insurance company they just want to pay out!!!

[Sqad]

Also.....whiplash injuries are sustained by the person in the car that has been hit from behind..............she apparently hit you from her front (unusual to sustain whiplash in this scenario)

[BertiWooster]

//Also with Whiplash injuries, pain is not the only disability as dizziness and unsteadiness is often worse than the pain//

Sqad - i haven't seen many claims for dizziness and unsteadiness - however i agree with you regarding a test for pain - hence my question in my earlier post

// If i say my neck hurts , how is any tests going to show that it doesn't hurt ? //

[BertiWooster]

Sqad - the thing is that these GP's ' / Orthopods who prepare medical evidence are all too happy to state that Musculoskeletal Pain has occurred from most types of impacts

[Sqad]

Berti....LOL..true....depending upon whether the medical expert is acting for the defense or the plaintiff.

It all boils down to the balance of probability.

[Nini74]

hymie - any solicitor instructed on an rta claim of this nature is likely to be on a no win no fee basis. i'm a solicitor and the majority of my clients' cases are funded in this way. we are not an "outfit", and you're confusing Solicitors with claims management companies that advertise on tv and then sell your details to solicitors.

as for the accident, make sure her passengers don't try to claim whiplash - and if they do they'll be subject to a 25% reduction for contributory negligence for not wearing a seatbelt. what advice has your solicitor given you? is it your solicitor in your claim that wants to agre 50/50 or is it you motor insurers that want to agree that? make sure your solicitor has been in touch with your insurers about the accident and told them not to agree any split on liability without discussing with them first.

sounds like a "low velocity impact" claim anyway i only travelling 5mph although i have to say, i have seen some genuinely badly injured people from low speed accidents.

good luck with it all