Chit Chat
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I would be grateful to have a Chit Chat with some one who is legally trained. or even a Barrack Room Lawyer.
or some one who has had a similar case.
Claimant. (me)
Defendant (A Bus Company.
Accident the claimant in a parked car having arrived back to his car to drive off home.
having looked to see no traffic coming towards , he climbed into his car, and began to close his door. with the door almost shut there was a collision with a passing Bus,
the damage was to the edge of the door, freezing the door into the pillar no damage to either the inside of the door or the outside, the power of the crash moved the front of the car up the gutter and on to the path, damaging the front near wheel.
After the accident it was impossible to get out of the front damaged door, as it was locked into the position of the crash.causing me to climb out of the passenger seat.
The engineer made an observation that the forensics of the accident shows that on impact the door was no moor than 4/5 inches open at the time.
The claimant states that he drove past my parked car, at the legal distance (one full length of a door) and that I opened the door to its maximum, fully open
If this had been factual. i would not have been holding the door with my right hand as when fully open I cannot reach the door handle from the seat,
A witness Independent states that I had arrived to my car as he was talking to a friend close by and he was about to walk over the road. until he saw the bus coming along, witnessed the bus move into my car, as a vehicle came the other way.
My solicitor is of the opinion that i am 85/15 on, but I would like a full professional Forensics report. what is your opinion.
Final point is the car in question has a 3 ratchet system stopping a door from just being pushed open, it is a safety device used on many modern cars. and it needs force, to push the door fully open. past the first and second lock.
And if fully open at impact it is certain that the door would have been wrenched off its hinges, and not frozen into the pillar.
Any opinion gratefully received.
Cubone
or some one who has had a similar case.
Claimant. (me)
Defendant (A Bus Company.
Accident the claimant in a parked car having arrived back to his car to drive off home.
having looked to see no traffic coming towards , he climbed into his car, and began to close his door. with the door almost shut there was a collision with a passing Bus,
the damage was to the edge of the door, freezing the door into the pillar no damage to either the inside of the door or the outside, the power of the crash moved the front of the car up the gutter and on to the path, damaging the front near wheel.
After the accident it was impossible to get out of the front damaged door, as it was locked into the position of the crash.causing me to climb out of the passenger seat.
The engineer made an observation that the forensics of the accident shows that on impact the door was no moor than 4/5 inches open at the time.
The claimant states that he drove past my parked car, at the legal distance (one full length of a door) and that I opened the door to its maximum, fully open
If this had been factual. i would not have been holding the door with my right hand as when fully open I cannot reach the door handle from the seat,
A witness Independent states that I had arrived to my car as he was talking to a friend close by and he was about to walk over the road. until he saw the bus coming along, witnessed the bus move into my car, as a vehicle came the other way.
My solicitor is of the opinion that i am 85/15 on, but I would like a full professional Forensics report. what is your opinion.
Final point is the car in question has a 3 ratchet system stopping a door from just being pushed open, it is a safety device used on many modern cars. and it needs force, to push the door fully open. past the first and second lock.
And if fully open at impact it is certain that the door would have been wrenched off its hinges, and not frozen into the pillar.
Any opinion gratefully received.
Cubone
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Don, imo you are 10s on. The key to these cases is preparation, dogged determination and patience.
Make your own notes with diagrams, regarding times, speeds, and positioning of vehicles together with weather conditions if appropriate. Also the more witness statements you can compile (in your favour obviously) the better. The witness scenario will almost certainly go against the bus driver as it's well odds on that, if the events happened as you descibed, even with a bus full of passengers, he will be unable to provide a single witness to corroborate his story. Preparation. Determination and Patience! Good Luck :) |
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If you would feel happier with a full engineer's report, confirming your view of what happened, then get one. Your solicitor won't object, but remember expert witnesses are expensive.
Your solicitor is best placed to advise you on the chances of success, but it's still up to you if you want to pay for more evidence. Best of British. |
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Thank you all for your kind remarks. back to the day job (betfair)
all the best Cubone |