Question for you law lot.

A friend of mine was chatting away about a crash that happened a year ago, and it turns out, she has to go to court.

The crash happened in southend on sea, essex.
My friend was in the right hand lane of a roundabout, other woman was in left. (2 lane roundabout)

The woman pulled in across my friend (to go right) and hit my friends car (write off).

A court day has been set, but, the woman lives in wales and as my friend is the one claiming, she has been told she has to go to wales for it.

She doesn't want to for several reasons, one being lack of confidence in her driving, and the costs involved in travelling to wales, staying and coming back home.

She wants to know what her options are, and that the chances are of success.

The only witness, isn't answering his phone.
The woman claims there are 3 lanes on the roundabout.
The roundabout (just down the road from my work) is only 2 lanes, and always has been. There is proof of this (google maps etc)

Now, obviously, if there is no witness, as far as I'm concerned it will be one person's word against another and as such, chances are a 50/50.

However, the other woman, apparently, is defending on the basis that the roundabout was a 3 laner. Which, as this can be disproved, I assume my friend would win 100%?

Any help grately appreciated.

Dave

has she got solicitors acting for her?

copies of the highway code showing diagrams of who has right of way on a roundabout would help, including the images off google maps of the location etc

show a pic of location.. could help

I'm at work at the minute and its hard to get pictures of things as I'm not great with computers, will try when I'm home later.

She has got solicitors, I'm not sure who or if they are motoring solicitors.

Sounds like your mate has a good case if the person who crashed into them can't even count. Did the police attend the scene? If so there report should detail which round about and how many lanes etc & you can request this detail via freedom of information request - Wish them good luck.

p.s. Even if the woman is arguing there are three lanes , why does that mean she is in the right re piling into your mate - crazy lady +=

If there was 3 lanes then it is possible my mate was in 2 of them (straddling)

The solicitors acting are ones through her insurance (so probably crap).

No police attended at first, the woman who crashed into my friend, wouldn't give her insurance details, so my friend flagged down a police car as it went past. The police woman said she's not getting out and helping, and moved on.

My friend complained to the police, and they responded apologising for what happened etc. However, this means there was no official police report.

My friend called up her insurance company the same day, went to doctors re injuries etc. The other woman, didn't say anything until 6 months after the accident when she said about the 3 lanes etc.

Does my friend (or her solicitors) have the right to view the evidence that the other woman is intending to use at court?

if she's your mate why don't you drive her there?

get a hotel room overnight, few drinks at the bar, and who knows. you may get your reward

HTH

ps you're welcome

I think the general rule of two lane roundabouts. If the turning required is 180 degrees or less, you should be in the left lane. More than this and you should be in the right. Once you have passed the last exit before the one you want, you should indicate and move into the left lane. This is however not set in stone. Local road markings may just indicate otherwise and obviously these should be followed. There is a roundabout on the A4 heading into Newbury from the motorway which only has 4 exits. All exits are 90 degrees from each other, but the left lane clearly indicates is for use only if you are taking the first exit from the roundabout. The amount of times I have been nearly knocked off my bike by other road users using the left lane but going straight on is unreal.

she could request a video link to a court more local to her meaning she loses less in getting to court?
there should be atleast one local copper that knows that island like the back of his hand so he can provide evidence that its only ever been a 2 lane island not a 3 lane.

also tell her to learn to notice stuff like that better. same happened to me on the way to work last night crash was avoided because i noticed them, and then gave them the aggressive driver routine from behind with lights and horn

I speak from a great deal of experience of civil litigation, but not accident claims.

Have the solicitors really not done their homework?

If you issue a claim in your local county court then when a defence is filed it's likely that the court will transfer it to the court nearest the defendant.

Will your friend be needed? Solicitors should have exchanged witness statements and asked the other lot if your friend will be needed - the written evidence might be accepted in which case there would be no point. But if they haven't accepted it then yes she is needed. If she doesn't show up for her own claim then why should the court find in her favour? Confidence in her driving - this is a lame excuse and if I were acting for the other party I'd make hay on this. What about the train? And on the cost - will the insurers not pay an award in advance? Remember, if she wins. she'll get most of her costs back (not all) but the insurers should deal with this.

The bundle should include photographs (preferably agreed with the other party's solicitors) so that the District Judge can see the road layout - the witness statements would not make sense without pics.

Shame about the witness not answering phone, have the solicitors conidered forcing the witness to attend? Or, at the very least, to make a statement? The rules are complex.

Chances of success? I can't advise on that, I don't know anything about the circumstances. Haven't the solicitors advised on this? They must be confident else they wouldn't have issued proceedings in the first place. But unless the judge has seen the road layout, then pics are essential so as to give a clear understanding. And they will disprove the other party's claims. Don't leave things to the last minute, she will run the risk of the evidence not being accepted - you can't expect to turn up at Court with a pile of photos and expect them to be admitted, the Court should have made directions about service and exchange of evidence.

If you issue a claim, you have to be prepared to manage it and to drive it - it's like any other project, pee poor planning gives pee poor performance. It soon becomes obvious to the other party if a claimant isn't really interested in their litigation and doesn't want to do the work to make it succeed, and I am guessing that your friend is sending all the wrong messages. She needs to get a grip and to give her solicitors a kicking, and take control. Expecting others to do the work for her is dangerous.

Ed

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