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About LinkBacksSucks dude GWS I feel your pain but mine is in my leg. Hope she gets done for careless driving.
Re: Biker down ....me Sucks dude GWS I feel your pain but mine is in my leg. Hope she gets done for careless driving.
Re: Biker down ....me She's at fault, right? You won't want to claim on YOUR anything. Her car insurance will cover loss of earnings.Originally Posted by scotsrich
Re: Biker down ....me He claims on his insurance.
He uses the legal cover of his insurance to claim back his excess (amongst other things).
He tells his insurance company that the third party insurers paid his excess.
His insurance company claims the rest of the damages from the third party and reinstates his "no claim" status (but still load his premium because he's had an accident thus proving himself to be accident prone).
Re: Biker down ....me Ouch! GWS.
I agree with Mitch - surely a Careless Driving charge applies?
Something to ask your lawyer, perhaps. And I recommend checking you get a decnt lawyer. Remember, you can always change the insurance-appointed lawyer for a motorcycle lawyer like White Dalton. Insurance still has to pay, whichever lawyer you choose.
Re: Biker down ....me Something to consider.
I had an argument with a bus in my wife's car a couple of years ago and basically was left to fight it myself, we spent weeks taking photographs, taking statements apart and doing all the legwork. If I suspect they aren't trying hard enough i'll be looking to engage someone else.
I'm keeping copies of all the correspondence so it will just be a matter of passing it on.
Re: Biker down ....me A quick question, would my legal representitive settle on a percentage split of blame without notifying me or do I have to agree before it is finalised?
Re: Biker down ....me I don't think they would. Ask them.
I would think that if you tell them not to they will follow your instructions. That's what they're paid for.
Re: Biker down ....me My legal rep has just got word back from the womans insurance company.
According to her she wasn't turning in front of me, she was in fact parking up at a coffee shop 50 metres along the road. She was pulling on her handbrake when she felt my bike hit her.How my bike ended up lying on its side at the road junction 50 metres away hasn't been explained.
I gotta say I was expecting a slightly biased story from her side but would never in my wildest dreams have considered that. I think that she doesn't know I have a completely independent witness and somebody has told her that if she makes up some wild story it's only my word against hers, bearing in mind she had a passenger.
This isn't some spotty yoof, this is an 83 year old woman.
My rep has written back pointing out the witness statement and saying they will get the police statement if necessary. They#re quite happy to go to court if necessary.
Oh btw her insurance company have very kindly offered to go 50/50
Re: Biker down ....me Crist i thought this would be over by now.
By the way. Do you have 18'x12' saltires in that shop of yours? Can go a few inch larger but not smaller.
Re: Biker down ....me Insurance companies do like the 50/50 settlements, don't they? One person causes an accident, insurance companies settle their own customers' claims without any extra work, two people lose their no claims discount. Scale that up over thousands of claims and look who comes out the winner....Oh btw her insurance company have very kindly offered to go 50/50
Re: Biker down ....me Yep from their POV it works out cheaper for them to do their own customer's repairs and save on a load of legal costs. The customer gets screwed because he then has a claim against him so his premiums are loaded for years to come.Insurance companies do like the 50/50 settlements, don't they? One person causes an accident, insurance companies settle their own customers' claims without any extra work, two people lose their no claims discount. Scale that up over thousands of claims and look who comes out the winner.
Insurance companies will always bluster they're prepared to take their case to court and the only way to deal with it is to call their bluff. Many cases LITERALLY get settled on the steps of the courtroom. You have an independent witness which trumps her witness in the car and if necessary can point to the position of the vehicles in the road as indication of direction of travel. It's also pretty normal for people who are all nicey nicey at the scene of an accident to turn into complete lying assholes when they realise it's going to cost them. In this case the fact that you demonstrably had right of way will go in your favour whatever the stories.
As much as I hate no win no fee lawyers if your insurance doesn't give you legal expenses cover I'd say go for it, the bitch deserves reaming, if only for denying what she did.
And shame on the cops who don't seem to think now a broken bone is enough of an injury to require any action
Re: Biker down ....me that's low. I'd have her for the lot now. £xx on photocopyiing, paper, printer ink, taxis, & a vast one on distress etc.
hope your bones have knitted well. AS you regain the movement back & start to twist your body again I do hope that a neck/back injury doesn't now become apparent
more seriously you have had all that checked out haven't you?
Re: Biker down ....me According to the physio i'm as good as i'm going to get, I figure i've lost about 10-15% of the mobility i.e I go to reach up to a high shelf and can't quite make it.hope your bones have knitted well. AS you regain the movement back & start to twist your body again I do hope that a neck/back injury doesn't now become apparent
more seriously you have had all that checked out haven't you?
That's probably going to need confirmed before any final settlement but rest assure 83 year old or not she's gonna get screwed...lol
Re: Biker down ....me I don't remember the beginning of the thread, but I hope you have pictures. It helps enormously in those cases.According to her she wasn't turning in front of me, she was in fact parking up at a coffee shop 50 metres along the road. She was pulling on her handbrake when she felt my bike hit her.
It is unlikely to be a problem. You only have to show that this witness is not unbiased. There is a checklist somewhere but essentially a family member, or someone who travels regularly with the driver.
Re: Biker down ....me 83?
I'd wager a penny to a pound that she was helped with the claim form by a family member... the bloody things are intimidating and confusing enough when you're young(ish) and mentally on the ball.
Personally, I'd like it made illegal for insurance companies to say "do not admit liability". If an accident is my fault, I don't see why I shouldn't own up to it.
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