bike crash - advice or what would you do?

[badsaboy]

hi all, havent been on here in ages but wanted to get some advise on my "off".

SO brief details of crash are.....
im travelling in left lane and third party in right.
Third party turns across my path into a side street and i collide towards the rear of his car on the near side.
i called police due to persons agression. police attended and subsequently completed a accident report. no witnesses and no allegations of speed etc.

Initially third party insurers offered 60/40 in third partys favour. I declined this offer. They then offered 50/50 which my lawyer seemed to push me on.
My concern is i asked my lawyer what evidence was available and they had only my statement, hospital report and third partys statement. They did not have the police reports.
I asked for them to get the police reports which they did.
Ive read the police report and its obvious the officer believed my version of events and as such put that in her report.

The solicators are still asking me how I would like the matter to continue ie accept the 50/50 offer or decline it.
Is it not their job to advise me on what is in my best intrests rather than try convince me to settle?
Does the police report carry any weight in court? if so how much considering there are no witnesses?

Any advise will be appreciated!!
Regards

[Biker Biggles]

On what basis does the other party claim it was in any way your fault?Do they dispute who was doing what and in what lane?

[badsaboy]

Other driver claims that he had completed the move into the left lane before making a left turn thus accusing me of hitting him from behind and also trying to undertake him.

The damage to his vehicle is the near side (passenger) rear wheel arch and side of the bumper.

[savage86]

I wouldn't take that, would that not constitute as careless driving on their part just cutting across a lane of traffic not checking if it is safe to do so.
Do you remember if the indicated?

[badsaboy]

the police officers report even states that they believe it was driving without due care (i think) but it wasnt put to the driver!
so i suppose if the officer beleives that how will their report stand up in court?

[maviczap]

Go to White Dalton, a company that deals with bikers

[badsaboy]

can i even change solicator companies considering my insurance is paying for this?

[savage86]

I think that the insurance company will try and use their solicator but won't harm in ringing up and saying you want to use your own the worst the can say is no even then i'd read the small print in your policy and if isn't in their about who has to be used in the event of a claim i'd bring that up with them.

[Littlepeahead]

Mr LPH had something similar so PM me your mobile number. I'll call tomorrow and tell you what we did to prove other driver was at fault.

[badsaboy]

thanks LPH. Long time no speak!!!

[wideguy]

I'd go talk to that other lawyer, no need to ask your insurance company if that's alright with them.
From the location of the damage, it seems obvious that the story about it being your fault is hogwash.
Did anybody take pictures of the damage to the car?

Your insurance company is supposed to be working for you, but, sometimes people end up suing their insurance companies.

[badsaboy]

i tried but the guy started getting all aggressive and tried to take my phone from me.
the police report states damage is to passenger side of bumper. also in the third partys statement he indicates that he felt an impact on his passenger side.

[Bibio]

they don't want you to get 100% from other party as they they can't feck you over when it comes to renewal time. if you go any % split in claim then that puts some of the blame on to you which they can then take your no claims away. if you get 100% then you can ask for the no claims to be reinstated plus all your expenses paid including your excess from other party's insurance.

[Matt-EUC]

^^^^^ that.

[TamSV]

In very general terms if you've got two different stories, and damage that's consistent with either story, then it often goes 50/50 in or out of court.

Police report might carry some weight though. Has that been sent to the other guys insurers?

In any event, take what you've got to White Dalton or similar and get a second opinion. Nothing to stop you doing that.

There could be some cost implications for you if you proceed with another solicitor but give them your legal expenses policy if you have one and they'll be able to advise on your options.