Picture this
It is 10.00pm on a Saturday night, and you go to pick up your daughter from her friends..you pick her up and on the way back home you have to drive through a suburb at 11.00pm..this area has pubs on each side of the road and they are all turning out, there are people crossing the road in crowds, people milling about the area,all full of beer. You know the area and drop your speed from 30mph to approximately 20 - 25mph because you can see all the well intoxicated people about.
As you are approaching a pub on your left hand side that is situated approximately 4 foot from the kerb edge, you see 2 girls run out of the doorway of the pub and 1 of them runs into the road, you have anticipated what she is about to do and start to brake and sound your horn, there is nothing coming towards you so you manover your car towards the centre white line, you are in full control, because of your actions the girl runs into the side of your car by the passenger side, the door mirror spins her around and she falls to the floor, as she falls to the floor her leg goes under the back wheel and causes a broken leg. You stop your car approximately 4 yards past where she impacted on the door, pull onto the left of the road, switch off you engine,turn on the hazards and as you get out you tell your wife to lock the doors and call for the emeggancy services. You run to the injured girl and try to comfort her, she is so drunk she does not feel any pain.
The traffic police arrive along with the local beat police, the beat police breathalise you and you pass as you have had no alcohol that day.
The beat police take statements off everyone. The traffic police walk around your car, check the tax and tyres, get into their car and drive away.
You then get up on the Sunday, inform you insurance company and produce your documents to the local police station, job done, all ok, away you go. You then get a letter from the police saying there is no further action to be taken by them.
12 months later you get a letter from the solicitor acting for the injured girl, this letter states, you did not stop, you did not brake in time, you mounted the kerb and you were speeding and a load of other accusations.
The insurance contact your witnesses, 4 of them, they all state exactly what is above, ie you are not at fault.
Another 6 months later you get a visit from your insurance companies solicitor, he needs to take other statements from you as the incident is going to court, and he informs you that even though you were not at fault the court could go her way, this could cost you 3 points and a fine, and lose your no claims.
The above is what happend to me, and the solicitor came to my home today.
If what was said to me happens i will lose ALL faith in the system and i dont think its right that i should be punished for something that clearly states, she ran into me, and if it was not for my quick response she could have gone over the bonnet, sustaining more injuries.
Wheres the justice in that.
Sorry for the length of the post but what are your thoughts.
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Topic: Senario (Read 2513 times)