Bah! - insurance claim
 

So the third party insurers have finally come back and offered just 50% liability after thier guy sideswiped me on the A2 last year. All based on the police report where two people claimed I was riding in between the cars in a "4th lane" (I wasn't, I was in the middle lane). No regard to another guy who backed me up for being in the middle of the centre lane and the police never interviewed me or asked for my side of things. It's all a bit poo. Can't see how I can do much about this now - my solicitor says it wouldn't be worth the time and expense to chase it if they're offering 50% of the costs. It's more the prinicple of the thing than the cash - nearly get killed by a moron not checking his mirrors (police report states that he admitted that he didn't check before moving) and being on a bike makes me automatically 50% liable.

And now it'll be even more expensive to upgrade to an R1 :evil:

i wish i could offer some advice, but my condolences go to you. it's a shame, and time money wise it's often better to accept 50% than waste your own time, but we all know how you'll be feeling CAR DRIVING MUPPET (mirrors, use them or lose them)

Speak to White Dalton, there rather good in these matters...

Their offer isn't final... If you have legal cover on your own policy, use it. If you've got comp cover, your own insurers should already be chasing this for you. But it could mean court to get what you deserve.

my experience of using the legal cover that comes with your policy wasn't terribly good - they didn't really seem that interested in getting me a decent result. Others may have faired better, but personally I would go straight to someone like White Dalton

i'm sorely tempted to have a small video camera on the bike now so i can prove it if some git knocks me off and says it was my fault..

could also land you in it if you're ever a bit naughty!!

Sveedy

Remember, that Solicitor works for you, and they do what YOU tell them to. His costs are covered by your insurance, and he probably has an obligation to keep them down to a minimum.

That's the impression I get from this lot of solicitors (Shoosmiths) - they just want to wind it up with the minimum amount of effort and hassle for them. I had two previous claims with other solicitors and they were much more helpful and keen to fight for me. I've been thinking a bit about this today - how could I have been filtering in a "4th lane" when there was no car in the middle lane (because I was the only vehicle in the middle lane). I'll have to look at the report and see their drawings of the scene, if there are any... it kind of stinks... if I had been filtering between two cars then there must have been another car in the middle lane... I don't think anyone can reasonably claim a bike is filtering between lanes of cars when the bike is in it's own lane and there are no other cars nearby it in that lane. :evil: Bah - rubbish Shoosmiths! I'll be getting onto White Dalton and a solicitor friend of a friend and see what they have to say...

Don't under any circumstances settle for this. I had exactly the same thing. I was in the fast lane overtaking a car when he moved out and knocked me off. He then claimed that I was filtering and there was a car there also (and how did I not hit this invisible car?). The police have not done their job here as you need to have given a statement. I huge failing on their part. How the hell can you get a fair hearing if the police failed to even get a statement from you or your witness. This would all be noted if it went to court and go in your favour as it did with me. I won and got 100% of my money back and then £2'500 injury too. Get some decent legal advice and don't let these solicitors bully you into giving up. Best of luck to you. When the driver told the judge that I was filtering my solicitor then got him to explain what filtering on a motorcycle meant. The stupid driver had no idea but had just been told to say it! W*nker.

Legal cover provided by insurance companies allow you to choose the people to represent you, that means you don't have to take their solicitor and you can give someone like White Dalton a ring instead, and your legal cover will cover the costs so it doesn't cost you anything.

I found the company who dealt with my case through the legal cover provided by the insurance company absolutely diabolical and they couldn't even be bothered to get the details from me, so I told them to get lost and went to White Dalton as well. So far it's cost £1190 and it's looking to hit around £3500 in legal costs by the time my claim will be fully settled, but this will all be paid by the legal cover I was provided by the insurance company so it doesn't affect me in any way.

Where abouts on the A2 was it? There's loads of CCTV camera down there

Get a good solicitor who will fight for you. I was lucky, though I made it plain at the outset I wasnt taking any blame for my accident.

Once you have send a copy of this, modified for your own use of course:

http://forums.sv650.org/viewtopic.php?t=22717

HTH

Just by the Darenth Valley/Dartford turn off (handy for the A & E department at DV...)

Having read report it sucks "bike was coming in between lanes 2 and 3" - why, when there was nothing in lane 2? How can I come "in between" lanes when I'm in one lane and there's only one other lane :roll:

Spoke to White Dalton (turns out solicitor friend of friend is one of their guys) and had a good chat. Basically 100% is attainable if I'm willing to fight enough for it and go to court, and it's worth an extra £2500... but he said the police report is a problem that means it'll probably have to go to court to get that.

Instead (based on the advice from WD) I've told my people to go for a 75/25 split. If they can get that I'll get a bit more and it's all done and dusted. If my people or the 3rd party get the hump about that, I'll probably be fired enough to go to court and get as much as I can.

The bloke who knocked me off was a knob, but that's all he is... I'd rather we all got on with our lives... but without me taking half the blame for his actions. Looking back there are things I could have done to avoid that situation in the first place and whilst 25% blame still seems a bit much I'd go for it and use this as a learning experience (in terms of riding skills and in terms of which solicitor to choose after an accident!). We'll see what they have to say now I've asked for 75% instead of 50%