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Title: Accident causing driver denies being on mobile phone

Date: 05 January 2012

MCN Law

Driver denying being on mobile phone

Question

Dear Bikelawyer

I was knocked off by an idiot who was more interested in his mobile phone call than looking at the road and other people on it. He just swerved into my path. I was luckily not injured too badly, just crapes, cuts and bruises. I have a claim going against him but he now claims that he was not on his phone which is not true! How can I get to the truth?

Neil Evans, Barry

Answer

I have come across this on quote a few occasions and the story is usually the same one. You need to get your lawyers to write to the third party insurer alleging that he was on his phone and requesting a log of his 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 and the legal costs of the application. If he was on the phone then he will get points and a fine or could even be prosecuted for careless driving. Sometimes it is claimed that there are no phone records because the other party (conveniently) switched from a contact phone to a “pay as you go” the day of the accident. Phone companies will keep records of calls made from “pay as you go” phones but most only keep them for 12 months so don’t be fobbed off and make the court application as soon as possible to avoid the risk of losing evidence.

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