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Old 02-04-09, 09:18 PM   #11
fatneck
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Default Re: Accident dispute.....<sigh>

Yep, I agree with all the above - get legal representation asap, and deal with them and them alone. Muffles makes some good points too.
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Old 02-04-09, 09:19 PM   #12
DMC
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Default Re: Accident dispute.....<sigh>

You shouldnt need to seek advice from a solicitor, your Insurers should be handling this on your behalf.

Who was the letter from, was it from the other guys Insurers/solicitors, or was it from your Insurers advising what the other guys representatives were saying?

If it was correspondence from the others guys representatives you will need to pass this to your Insurers asap.

Either way, you need to pick up the phone to your Insurers and tell them in no uncertain terms that they should not admit liability. From what you have said in the other post, the other guy was changing lanes, you werent. It was his responsability to ensure it was safe to do so. Whether or not he had almost completed his manouvre when the collision occurred is not important. Paragraph 112 of the Highway Code refers to Lane Discipline.

Last edited by DMC; 02-04-09 at 09:21 PM.
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Old 02-04-09, 09:21 PM   #13
fatneck
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Default Re: Accident dispute.....<sigh>

Depends whether he has legal cover on his insurance, no? If he has, then they will deal with it, if not then I don't know...get some???
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Old 02-04-09, 09:30 PM   #14
DMC
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Default Re: Accident dispute.....<sigh>

Quote:
Originally Posted by fatneck View Post
Depends whether he has legal cover on his insurance, no? If he has, then they will deal with it, if not then I don't know...get some???
But his insurance will provide third party cover as a statutory requirement. The letter to which he refers relates to a liability issue over TP damage, therefore covered by his insurance policy

Im assuming the letter refers to the damage caused to the other parties vehicle?
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Old 02-04-09, 09:39 PM   #15
chompy
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Default Re: Accident dispute.....<sigh>

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Originally Posted by ooger View Post
Agreed, just looking for any helpful insights, or recommendations rather than free legal advice here.....
try a guy called andrew cambell he does bike claimes no win no fee and is pretty good.

give him a ring
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Old 02-04-09, 09:39 PM   #16
fatneck
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Default Re: Accident dispute.....<sigh>

You sound more clued up than me - I'm going through all this at the moment as well, and I'm happy to just let the legal people do it for me. Don't admit to anything that wasnt your fault!
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Old 02-04-09, 09:44 PM   #17
speedplay
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Default Re: Accident dispute.....<sigh>

Quote:
Originally Posted by Stingo View Post
Apparently, these are very good...

http://www.whitedalton.co.uk/
+1 they are sorting my claim at the moment involving a hit and run by a police car.

Last edited by speedplay; 02-04-09 at 09:49 PM.
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Old 02-04-09, 11:43 PM   #18
Kalessin
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Default Re: Accident dispute.....<sigh>

Quote:
Originally Posted by DMC View Post
You shouldnt need to seek advice from a solicitor, your Insurers should be handling this on your behalf.
+1

You absolutely must let your insurer know. They will want to fight this if you are disputing liability, as otherwise they will have to pay out.

Quote:
Originally Posted by fatneck View Post
Depends whether he has legal cover on his insurance, no?
No. When you see "Legal cover" mentioned in a policy as an added extra, it refers to legal assistance should you wish to pursue the third party for additional claims such as personal injury.

Do not take legal advice without speaking to your insurer.
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Old 03-04-09, 08:01 AM   #19
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Default Re: Accident dispute.....<sigh>

Quote:
Originally Posted by DMC View Post
Who was the letter from, was it from the other guys Insurers/solicitors, or was it from your Insurers advising what the other guys representatives were saying?
Letter came from car drivers solicitors.

Quote:
Originally Posted by muffles View Post
Get legal advice, the initial chat on the phone should normally be free. White Dalton are supposed to be good, as mentioned.

Specifically, I think the telling points about the above part of the letter that you highlighted are:

1. Indicating does not give you a right to anything - you still had right of way. In a way it's good that their letter indicates they accept he was the one changing lanes (and you can bring this up later when they realise the folly of their ways!).
2. It sounds as though they are basically trying to argue that he was moving into a clear space, and you accelerated up into him. I think that you could argue the likelihood of this, compared to the alternative (that he pulled in, into you) is very low. You might have been "annoyed" at him "pushing in" (something I could see him/his insurers arguing) but it's unlikely you would go to that length to express your anger, even if you had misjudged it (and were trying to "scare" him or whatever by coming up close behind) that's a HUGE misjudgement and again much less likely than the alternative.

I'm sure White Dalton or similar will pick up on these points but worth mentioning if not (and assuming they are correct & I read your other thread correctly).
Yes, and no, I'm no Kamikaze missionist.


Quote:
Originally Posted by DMC View Post
But his insurance will provide third party cover as a statutory requirement. The letter to which he refers relates to a liability issue over TP damage, therefore covered by his insurance policy

Im assuming the letter refers to the damage caused to the other parties vehicle?
Yep, damage (deep scratch from brake lever) to car on nearside rear door and extending to rear wing

Quote:
Originally Posted by Kalessin View Post
+1

You absolutely must let your insurer know. They will want to fight this if you are disputing liability, as otherwise they will have to pay out.
The car driver's solicitor has sent a copy of the letter to my insurer.

Thanks very much to everyone so far, this is wonderful, isn't it?

Its a wonder people dare drive/ride, given the hassle thats involved when it goes wrong.....
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Old 03-04-09, 09:20 AM   #20
DMC
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Default Re: Accident dispute.....<sigh>

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Originally Posted by ooger View Post
Letter came from car drivers solicitors.
Send it to your Insurers who will deal with this on your behalf
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