Rear Shunt Accident - please help need adivce!!
I'm new to this board so please bear with me.
My next door neighbour was travelling through our local town last year when she had to pull to one side to allow room for oncoming traffic.
She was stationary and waiting to pull away when she was struck from behind by a motor cyclist. He has caused damage to her vehicle but is claiming that his vehicle was a right off.
The area they were in was an 'advisory 20mph' zone but 30mph out of school hours. They swapped insurance information, helped him move his bike and then gave him a lift to the local McDonalds as apparently thats where he was travelling.
He is now claiming that she pulled out in front of him and he struck on her the passenger side. There is no damage to her passenger side, just her rear drivers side bumper. The damage can still be seen to this day as she hasn't been able to repair it and its currently taped up.
She was only insured third party and he seems to be trying to sue her for everything he can. She has to appear in court in October and is sure that she is in the right. Is this true?
Also is there a piece of Traffic Act legislation she can quote as she is representing herself as can't afford a lawyer.
Sorry its so long but I hope someone can answer my question!
might be too late, but does ur friend have legal protection included in her premium? i work in insurance and know that if she has, she would be appointed a solicior at no extra cost for these stubborn claims, its obvious she in not liable for this accident, do check with the insurance company though - she might be entitled to a solicitor and any costs recovered by her solicitor with be forwarded to your friend on a no win no fee basis and if she wins they recover the costs from the third party so she has nothing to worry about! good luck