Q Can I still claim even if I can’t re­call the ac­tual crash?

‘I can’t re­mem­ber the ac­ci­dent but there are sev­eral wit­nesses’

Motorcycle News (UK) - - Garage -

I had an ac­ci­dent when over­tak­ing and the driver who hit me said I was go­ing above the speed limit and was rid­ing er­rat­i­cally. He said he was at­tempt­ing to turn right and was in­di­cat­ing. I can’t re­mem­ber much about 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. This un­cer­tainty means my so­lic­i­tors are con­sid­er­ing drop­ping my claim. Mario Vule­vic, email A Con­sid­er­ing li­a­bil­ity, or who is to blame for the ac­ci­dent, the ma­jor­ity of cases turn on the wit­ness ev­i­dence of the par­ties in­volved and in­de­pen­dent wit­nesses. If you are un­able to re­mem­ber the ac­ci­dent it will cause some dif­fi­cul­ties but that does not mean you will not po­ten­tially be able re­cover any com­pen­sa­tion. There ap­pears to be some disagreement be­tween the wit­ness ev­i­dence and this ev­i­dence needs to be con­sid­ered care­fully. What your so­lic­i­tor could do is ob­tain ev­i­dence from an ac­ci­dent re­con­struc­tion expert. This expert will con­sider all the wit­nesses’ state­ments, the dam­age to the ve­hi­cles and the ac­ci­dent scene in or­der to try and ac­cu­rately de­ter­mine what speed you and the other driver were trav­el­ling at, and for how long you would have been vis­i­ble to the turn­ing ve­hi­cle. This could be very valu­able to your case.

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