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Advice needed please

theballoonman

New member
Hi, as the title states looking for some help/guidance... my step son was involved in a RTA in December on a roundabout, more than likely his fault but was more down to driving on unknown roads, believing the roundabout had multiple lanes, certainly was large enough for 2-3 lanes, but never the less I think it would be classed as his fault. Anyway he was swab tested because the officers believed he was impaired, although they did ask him to get back in the car and move it from the roundabout, not something you'd think they'd do if he was off his face, he was obv in shock he said explaining his behaviour, he was sick at the scene too. He failed the swab and then 5 months later received the letter saying was being prosecuted for cocaine (or the substance they test for) in his system, wasn't off his face but in his system from a party 24 hours earlier we now gather. The officers told me (technically I'm not a relative) what he had failed for.

It gets complicated because he was driving a friends car, insured with a well known insurer beginning with A whose t&c's are common knowledge for pursing people for 3rd party claims. Insurer have put a pause on paying anything out for friends car (car is write off) and have asked for the blood test results, they have just asked for the car to be removed from their facility (I assume body repair shop) as with Cover its been there way too long, all awaiting the blood results.

He's took on one of those specialist solicitors to fight the conviction, the ones that have these supposed great results for doing such things on the hope they would magically fix it. The initial outlay of around £900 didn't get the case dropped despite them saying the police hadn't sent them things they'd asked for within allowed timescales etc, or even response at all which was good for us, but we're now at the point of a impending court case where this could cost another 3-4000 to prepare documents for court and turn up to defend etc but we're not sure how this will pan out in court and whether its worth keeping that money and putting it towards paying for the inevitable costs from the car finance and likely claim for the 3rd party costs from the insurer. My son doesn't have any assets or a job at the moment but as the insurer will no doubt chase the policy holder too (his good friend), my son won't hang him out to dry and will try to pay monthly so cant just say doesn't have the money to pay. Although the conviction, fine, and ban are bad enough themselves, my sons real aim was to have the conviction dropped in order for the insurance to pay out on the 2 yr old car worth 15-20K.

Do we fight the case spending several £1000 only to lose, have a big fine and then all the insurance/finance costs to cover or instead put those costs towards paying things off and plead guilty. If the solicitor did get him off for whatever reason, improper dealing of the case, discredit the blood test etc, how would that pan out with the insurers, I gather believe they need an actual conviction to not pay out, but would the blood results still be available, i.e. if they know my son can ask for the results after getting off and he doesn't provide them, I'm sure they'll say he isn't cooperating and not pay a penny out, would they say ah well you got off on technicality but still drove over the limit so pay out etc? or if case is dropped leading up to the court date or even at court, do the blood results become unavailable, as iff they never existed, and then the insurers might pay out?

Sorry for the long thread, any help/advice appreciated.
 

Martin Hammond

Solicitor
Good afternoon,

I have to firstly say that it does sound like you need to have a chat with your current solicitor to see what they have to say.

In general, it does depend who your solicitors are. Some solicitors are very good and win an awful lot of cases but as you can guess not all solicitors have the experience to deal with such technical matters. You need to find out which you have.

As for the insurance question, whilst I cant officially advise upon this as it is a different area of law, you are certainly entitled to ask the question directly. Give them a ring and ask if he is acquitted, how will that effect the claim, I'm pretty sure they will give you an answer.

Have a chat with your current lawyer and if you need a chat i can arrange a phone call from one of my team to help you go through your options if that helps?

Best of luck
Martin.
 
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