Hi All. first off this is actually not me, but a work colleague.

Back in january whilst driving down a 40mph road, a guy in a parked car pulled out on him whilst doing a U turn. It went through the insurance as both cars written off, the other guy admitted liability and everything was settled ok.

Skip forward 4 months and my colleague has received a Court Summons for Driving without Due Care and Attention to the local magistrates court. He hasn't had a NIP on this, and looking at the summons, the other guy seems to have changed his account.

The account of the other guy has changed substantially, so much so it would be physically impossible looking at where the damage on the two cars occurred.

What can my colleague do? He isn't eligible for legal aid, and will struggle to afford a lawyer, however knowing him, he would be useless at defending himself in court!

Will he have to go to court? is paying for a lawyer the only option? should he talk to the police, who haven't asked him about the incident yet?

I can't upload pics from work, so a description will have to suffice.

My colleagues car was damaged on the front left quarter panel/bumper.
The other guy's car damaged on the drivers door.
Both cars were facing in the same direction at the start of the manoeuvre.

The guy initially said my colleague hit him as soon as he started the u-turn. now he is stating he had completed the turn and was facing the other direction.
If this was the case the damage to my colleagues car would have been on the right side, not left.

No idea why it has gone to court. this is the first my colleague has heard about a prosecution.

Going to court to defend himself would be a catastrophe, I doubt he could articulate anything coherently. however this is looking like his only option.

He could get a lawyer, but simply can't afford, and can't get a loan.

Do lawyers exist who would take on the case, since it seems to be a guaranteed win?

Conversely, do lawyers exist who take on guaranteed losses?

Seems like there must be some other element to the case which is where the "WDCA" part of the driving has come from...

He does have legal cover on his insurance. should they be helping him? they said not.

having asked him again... I think there may be another witness saying he was speeding. he's bringing the paperwork into work tomorrow so I haven't seen exactly what this says, but I think she has alleged 55 in a 40. She was in a following car.
The damage to the cars wasn't that bad from the collision, but given he was able to see it coming and braked early, this could well be true, though he claims not.

From the 1st post the guy pulled out from a parked position in to the path of the OP's colleague?

Car pulled out from a parking space across him.



TBH... the guy who pulled out either:

a) did not look/see your colleague (not good driving)
b) looked and saw, but decided to pull out anyway (ridiculously not good driving).

Is the other guy being done for DWDCA/Dangerous driving?!

Mind you I have just had another thought, your colleague may be a complete tit and what he has received is a witness summons to give evidence against the wally who did the U turn.

I had to do just that when a car decided to U turn from a parked position at the side of the road into my path when on my motorcycle. The old biddy was done for DWDCA and lost her licence.

balls, my work internet is knackered, forgot what I was trying to post.

my colleague phoned me straight after the collision as it was right outsied work, so I went down to give support. He took photos, as did I.

After the collision, there was a little more, the other guy then accelerated (he admits this in the statement!!) throught a wall, teereting over the edge of a large drop. a passing trucker then pulled him out before his car flipped over and landed on it's roof!!
http://www.halifaxcourier.co.uk/news/local/grab_th...

police came, as did ambulances, road was closed off, car recovered etc.

I spoke to the other guy at the time, he admitted liability and was just thankful to be alive.

There was another witness in the car following my colleague saying he was doing 55 in a 40. I think this may be included in the summons, he's bringing in the paperwork tomorrow so I can see it. This could well be true, though my colleague says not. dont know what effect this will have.

My colleague and the other guy did get asked questions at the time by the police. I don't know if this is what you are saying they should have done. Since then he is saying no correspondence at all.

the collision damage wasn't that bad. obviously after the other guy drove through the wall it was flattened. guy was very lucky not to be in ot.

my colleague was in a £250 banger. anything at all would have been a writeoff

Saw a case in a crown court last year (or maybe the year before) where someone doing 60mph in a 40mph went in to the side of a taxi pulling out and the lady in the back of the cab died. Driver doing 60mph was found guilty for death by dangerous and the taxi driver got off with nothing despite it being a long straight road with good visibility.

Strange outcome as I'd have at least thought the cab driver should have been prosecuted as well but hey ho.