More legal advice re; my accident, please.

[Airwolf]

i got t-boned last year, still not sorted yet. here the orginal thread http://forums.sv650.org/showthread.php?t=162475.

my Solicitors keep insisiting on going 80/20 against me as that is the way judgements are going in court.

my argument is that me hit me, not me fly across his bonnet, i know filtering is a form of overtaking, blah, blah... the solicitor gone over that.

please give me something to fight back please..

[TamSV]

Speak to a different solicitor - preferably a bike specialist. It sounds like this lot have made up their minds. 80/20 in your favour would be more like it.

[Airwolf]

thanks to mods, for changing my title, mind a little elsewhere at the moment.
i have spoken to white dalton, who have said it could go that way, but being motorcycle specialist seem a little more interested, but was hoping for something a little stronger to fight with.

[Ed]

If you're not happy with your solicitor then go elsewhere.

[maviczap]

thanks to mods, for changing my title, mind a little elsewhere at the moment.
i have spoken to white dalton, who have said it could go that way, but being motorcycle specialist seem a little more interested, but was hoping for something a little stronger to fight with.

SV Rich used White Dalton, he was filtering past a line of stationary cars when a taxi turned out of the line of cars into him.

He won his case

[Winder]

I had someone pull out of a filling station right in front of me. Over the bonnet, 2 broken bones, bike written off. This was in June last year. My solicitor said they will more likely make an offer before it goes to court, if my solicitors believe this offer is what a judge would find (example 90/10) then the will legal cover (included in my insurance)will not fund my case any further and I would have to pay.

If you want to push for 100% the third parties fault make sure it's not going to cost you thousands to take them to court. It might result in less money in your pocket and more importantly dragging the case on forever.

[Runako]

I'm not going to read the original thread so if my questions have been asked before I apologise.

Are your solicitors dealing with their insurers or does the driver have their own representation? How did you get your solicitors?

There was a post either here or elsewhere on making reference to the Highway Code on the legality of filtering as a basis for apportioning blame. As the post above indicates, if filtering is done correctly it is a perfectly legal manoeuvre on the road. The key is in proving that you were filtering correctly.

Solicitors always hedge their bets because they need to ensure the work they put into a case is worthwhile. This is not to say that their estimate is wrong, or correct for that matter, but could be a realistic reflection of the 'statistical chances' of winning your claim.

In the real world there are two things you should consider:

1) Do you have the money and conviction to take it all the way if necessary? You need to decide this NOW before things go any further;

2) How confident are you that you were not at fault (you must consider this after taking account of the legal advice you've been given but do get a second opinion on your case if necessary).

Ironically, it is often the person who is prepared to take the case as far as possible who is likely to achieve a maximum (out of court) settlement, but you must never be blinded by the prospect of full recovery or the 'principle' of being in the right.

My advice to you is get a second opinion (without mentioning the first opinion you have had); look up for yourself the point of law on which your case relies (i.e. Road Traffic Act etc); decide if you will go as far as possible (court) but DO NOT disclose your position to the other side, especially if your intention is to acheive an out of court settlement.

Good luck.

[Runako]

This website should give you some insight into actual cases that have occurred and involved accidents during filtering - http://www.righttoride.co.uk/virtuallibrary/ridersafety/filteringarticle2006.pdf

Note: This guidance is not current and the law may have changed, but at the very least it will give you a good idea of the kind of questions you need to ask yourself in order to make the best decision going forward.

[SUPERSTARDJ01]

Look at

http://www.bikersadvice.com/

[Airwolf]

thanks for all your replies.

based on the links supplied and that my witnesess have been hard to contact by my solicitors, it would seem that i would be lucky to get 50/50 at the moment, , most probable 80/20 against.

well i will get in contact with the solicitor tomorrow and try to get this wound up.

thanks again for your replies