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Court case part 3 – Responsibility Poverty

Colin Campbell
by Colin Campbell on 04/02/21 18:00

So, the last time I’ll rabbit on about the court case blogs. Part 1 is here and part 2 is here.

The third one is about responsibility poverty or professional responsibility which seems to be advocated at most opportunities in relation to a case such as this.

In July 2018 someone hit the back of my car on a motorbike as I was turning right into the farm drive to go and collect my daughters from where they keep their horses.

It was around about 6pm on Friday evening and I’ve driven that road several times a week for the last 25 years.

The guy came over the hill behind me on a motorbike and for whatever reason managed to collide with the back drivers side part of the bumper of my car (not the side of my car) causing £2,800 worth of damage to his motorbike but no injury to himself apart from the obligatory ‘whiplash’ that leads to compensation.

He claimed that I didn’t signal, and I don’t even remember seeing him behind me when I just drove down the road, signalled (I’m sure I did) and turned right into the farm as I always do. As I started to turn something hit the back of my car and I got out and helped him as much as I could.

Two and a half years later I’m stuck in the virtual court room waiting to see if the barristers can reach a settlement and, in this position, because all the way along the track nobody took responsibility to put a stop to the process.

Following the accident, I drove the claimant home, he was in good shape and in high spirits and seemed entirely fine.

After that he had an injury which caused him extreme pain going forwards for a period of time which was confirmed by a clinical examination from a report from a consultant which cost about £500.

Consultants have a responsibility to be honest and open and to provide a report to the court, I’m not sure that happens every single time and I’m not sure it happened this time.

Responsibility problem number 1.

Next, I was ‘sold’ the fact that I should have a hire car while my car was in for repairs (minimal damage) and ended up with a hire car on the insurance company for about 6 weeks because they ‘couldn’t collect it’, that was fine because it was all ‘on the insurance’ and despite me trying to get them to take it back they wouldn’t and I’m sure it was charged.

Responsibility problem number 2.

Then, it went to the lawyer because the guy who hit me decided it was my fault and in the end it went to court and was settled for 50/50 because I wouldn’t make a statement to say that I had seen him (couldn’t remember) and that weakened my case because I didn’t lie.

He said that I didn’t signal although he should have never of hit the back of my car and in the end it was a ‘he said she said’ which cuts it 50/50.

He pays 50% of the ridiculous hire car that I shouldn’t have had, and I pay 50% for the potentially ridiculous injury that he doesn’t have and that’s what happens in these cases.

From a long way out, it was going to be 50/50 but still it rolled on with the lawyers making money and the insurance lawyers making money and the barristers making money and nobody taking responsibly for stopping it because that was wrong.

Responsibility problem number 3.

This could have been finished 18 months ago with a letter or a phone call, but the greedy train would not have continued to run.

And so, professional people aren’t professional and despite the fact that the judge was extremely professional in thanking everyone for being involved and helping to keep the court system running freely, we would never have had to be at the court system had people taken their correct responsibility advocated for the system and fixed it as quickly as possible.

I’ve worked in legal cases where both sides have been really good and really professional and made things disappear as quickly and as easily as possible because everybody has been entirely pragmatic.

When my barrister spoke to me on Tuesday before the case and asked if I would settle for 50/50, I just told her that I was delighted that nobody was seriously injured, and she told me that she often deals with cases which are similar to this and where someone actually dies.

Perhaps we forget that.

She thanked me for being so pragmatic and I mused with her on the fact that this could have gone away 18 months ago (but then she probably wouldn’t have been paid).

 

Blog Post Number - 2635

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Colin Campbell
Written by Colin Campbell
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