I can’t remember the accident

In the summer I had an accident while overtaking a line of cars. The driver who knocked me off claims I was speeding. She said she was indicating and turning right. I don’t have any recollection of the accident but there were witnesses. Some witnesses claim I was driving too fast but some say I was not. They also differ as to the other driver indicating and turning slowly as she claims. My solicitors via my insurer are considering dropping my claim due to a lack of evidence. Are they right that just because I don’t remember the circumstances I have no claim?

Ryan, by e-mail

Answer

In assessing blame for an accident the witness evidence as well as physical evidence from the scene will be important. Just because you can’t remember the accident circumstances does not mean you cannot claim. The differing witness accounts needs to be considered carefully.  Speed is notoriously difficult for witnesses to get right. You should obtain a report from an independent accident reconstruction expert.  That expert will consider all of the available evidence to calculate your speed and that of the other driver and, crucially, for how long you would/should have been visible to the turning vehicle’s driver during your overtaking manoeuvre. If you were there to be seen and you succeed with your claim then there is likely to be a deduction to your compensation as you were overtaking a line of vehicles on the approach to a junction.