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I'm being sued by a driver who I had an accident with a year ago - what should I do?

Another car and mine reversed into each other in broad daylight in a supermarket car park in August 2009. We scraped each other’s nearside rear wheel arches, but didn't break anything. When I looked in my rear view mirror, the other car (a BMW 5 Series) was still parked, not in motion, no reversing lights on, etc. Then my attention was taken when he began to move. There were no independent witnesses, but I don't think I am 100 per cent to blame, so assumed the damage would be knock-for-knock. My insurers say my repairs cost £250.

Now, over a year later, the husband of the other driver is threatening to sue me in the small claims track of the County Court for £1500 - his calculation of the increase in his insurance premiums now that he's lost his no claims bonus with Direct Line (apparently it was Direct Line who told him to sue me). I've been unemployed for eight months and am not likely to work again (I'm 57), and can ill-afford to give him £1500. I'm waiting to hear from my insurers, but what would you advise?

Asked on 10 October 2010 by KA, Brighton

Answered by Honest John
Firstly, inform your insurer otherwise your insurer is under no obligation to help you. Tell your insurer that you are prepared to let the matter go to the small claims track of the county court where you will contest that the claim is anything other than knock-for-knock. You both reversed into each other. Forget all the excuses you made in your email to me (before the editing). They are emotive and irrelevant and will lose you your case. Stick to the facts.
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