Can I win my claim when I can't remember the accident?

I had a serious accident when overtaking on my way to work. The driver who hit me said I was going well above the speed limit. He said he was slowly attempting to turn right and was indicating.  I can’t remember the accident but there are witnesses. Some of them say I was speeding while others say I was not and some of them say the other driver was indicating and turning appropriately while others say that he pulled out fairly sharply.  My solicitors are considering dropping my claim. Just because I can’t remember the accident does that mean I should take the blame for it?
Stuart, Aylesbury

Answer

When considering who is to blame for an accident many cases turn on witness evidence as well as physical evidence from the scene. Just because you can’t remember the accident does not mean you are unable recover any compensation. There appears to be some discrepancy between the witness evidence and this evidence needs to be considered carefully.  Speed is always a difficult thing for witnesses to accurately comment upon. I think you should obtain evidence from an accident reconstruction expert.  This expert will consider all available evidence to try and accurately determine at what speed you and the other driver were travelling, and crucially for how long you would have been visible to the turning vehicle while you were overtaking. If you were there to be seen and you succeed in your claim there is likely to be a reduction in your compensation because you were overtaking on the approach to a junction.

Download

Ask the expert (MCN Column pdf)