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rennie78 | 20:24 Mon 22nd Sep 2008 | Road rules
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the 3rd party is disputing liablitity as at the scene he said i was speeding however this was not the case and i have a witness to confirm this also what happens next will this go to court
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Hi Rennie

There are a number of variables in your question however, hopefully this'll help ....

Did the Police attend and, if they did, did they aportion blame or charge anyone ?

How does the other driver know you were speeding .... I wasn't aware that the naked eye was an effective and accurate speed calculation device ?! Speed is difficult to accurately work out without the benefit of radar, speed detection cameras, calibrated speedometers on Police vehicles etc. Even the old fashioned method of measuring skid marks on the road is difficult with modern technology in most cars which prevent skidding .... ABS, Brake Assistance System, etc .... bottom line, someone saying you were speeding with no other evidence ain't gonna cut it ....

I assume the only matter in dispute here was your speed given you haven't mentioned anything else and, on that basis, the witness you make mention of who can testify that you weren't speeding, can they also testify as to what happened .... who did what, who was to blame, where the cars were positioned both pre and post crash ....?

Are they independent ?

What are your insurance company saying about the whole incident .... are they aportioning blame, disputing liability, etc ?

Dunno if I've helped or raised more questions ??!!

Cheers

S

If you were the 1st party and the other driver was the 3rd party what is the 2cnd party saying?

Did you get details of the 3rd parties insurance?

Let your insurance company sort it out.

Very unlikely it will go to court if the police were not involved at the time.
Toureman - the second party is the insurance company to the first party.
thank you for writing that - always wondered why 2nd party dosent get mentioned!
And thanks from me Ethel, the motoring section would not be the same without your exceptional input to it.

thanks again !

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