Knocked off by driver on mobile

I was knocked off my Hornet by a young lady who was using her mobile phone whilst driving rather than concentrating on the road and other people on it. She just swerved into my path. Fortunately I was not too badly hurt with just scrapes, cuts and bruises but my leathers and gloves were damaged. I have started a claim against her but she now claims that she was not on her phone which is nonsense. How can I get to the truth
James Payne, Cheltenham

Answer

This happens quite a lot unfortunately. You need to get your solicitor to write to the third party insurer alleging that she was on her phone and requesting a log of her phone records. Often the insurer will refuse (or their insured refuses) – why would one refuse if there is nothing to hide? If they do not comply then a court application for disclosure of the documents needs to be made. The court is highly likely to order disclosure particularly if a witness can back up what you say. If she was on the phone then she will get points and a fine or could be prosecuted for careless driving. Sometimes it is claimed that there are no phone records because the other party was on a pay as you go phone. Phone companies will keep records of calls made from pay as you go phones but most only keep them for 12 months.

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