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No CCTV footage and driver denying liability :( - ember

I was in the front passenger seat travelling in the left hand lane of a busy road when a driver travelling in the middle lane suddenly pulled across us into the left hand lane. How my partner managed to brake just short of impact I'll never know, but he did, with about a cm to spare.

The other driver proceeded to verbally abuse us, then jumped out of his car and tried to get my partner to get out of the car. He seemed oblivious to what he had done. At this point I phoned the police and basically gave a running commentary of what was occurring. The guy was so aggressive, but calmed down once I pointed out the cctv cameras.

To cut a long story short, I damaged my shoulder quite badly and I'm still receiving treatment. The police traced the owner (not the driver), who then supplied the driver's info. He eventually turned up at a police station several weeks after the incident, but is denying all liability ( I would have loved to have heard his tale) and the CCTV cameras never picked up the incident.

The police, although very sympathetic, are not proceeding with the case because in all the upset, we didn't get any witness statements although lots of people must have witnessed the whole thing as there were buses all around as it was happening.

My question is this, what is the likelihood of a success personal injuries claim, and, judging by the aggression he showed at the time of the incident, are we silly to even attempt it since he could well be a nutter?

No CCTV footage and driver denying liability :( - tazmania4580

a ggod solicitor like jcp john collins and partners should do the trick, there were two of you, yourself and your partner

Edited by tazmania4580 on 10/08/2010 at 21:22

No CCTV footage and driver denying liability :( - LucyBC
It is possible to claim for an injury resulting from a near miss but it helps greatly if you have independent evidence or a witness.

In this case there is likely to be a dispute over liability - which would not affect your claim - but could affect who you claim against.

Were both insurers to accept that your injury resulted from the near miss then the issue of liability for the accident would need to be resolved and any personal injury compensation you receive will be dealt with on that basis.

If you and your partner can show the other driver was 100% at fault then they will be liable to compensate you for your injury.

If you wish me to go through what might happen in greater detail please call me on 0117 383 0221.