got t-boned, legal advice

Originally Posted by Dicky Ticker

They [3rd party]will try everything to avoid paying out---I had two similar cases but i stuck by my guns and got 100% plus compo

this is what i was thinking, the only problem is, that i have only been in my job two months, and the hospital light duties for three months.
got to tell my boss tomorrow.

how long did it take to get sorted?

[Biker Biggles]

Originally Posted by the_lone_wolf

Immediately that begs the question "If you couldn't see what you were riding into why did you not slow down to check it was safe?"


Not trying to apportion blame, just saying that's a genuine rebuttal to your claim, and an easy excuse for a 50/50 blame, insurers win, customers lose, resolution...

I still dont see how you refute this.You passed the bus and the car which had left the gap(I assume)and got hit from the left as you passed the gap?They will say you were going too fast as you didnt see the car coming through the gap,unless you were stationary in the gap.They will try for 50 50 and you will need a specialist bike lawyer.

is speed not relative? surely if no-one ie the third party, witnesses nor the insurance company have mentiond it then its not thought to be a contributing factor. Personally i would say i was travelling at or below the speed limit and ask them to prove different. With regards to the proof. surely the proof is in the road layout and the vehicle positions before and after the accident? You werent in the other fella's car so what proof do you have to offer about his manner of driving and porbable negligence. I would get photos, possibly aerial shots( GOOGLE EARTH Etc) and use that to illustrate how the collision took place and this would surely point to the driver of the car.
good luck anyway mate!

[the_lone_wolf]

Originally Posted by Airwolf

i was not gong fast, as traffic was heavy, and on of these painted little roundabouts, was just ahead of the accident!, so i was being cautious.

But not cautious enough to stop when the situation warranted caution, a gap in traffic, coming round the side of a tall vehicle, and that's what any decent legal will pick up on...

Like I said, I'm not trying to apportion blame, but unless the other insurer slips up I'd wager they'll want 50/50 - and unless you're lucky they might well get it

Originally Posted by Biker Biggles

I still dont see how you refute this.You passed the bus and the car which had left the gap(I assume)and got hit from the left as you passed the gap?They will say you were going too fast as you didnt see the car coming through the gap,unless you were stationary in the gap.They will try for 50 50 and you will need a specialist bike lawyer.

i must say, it's hard for me at the moment! as it all happened so fast.

as he was pulling out, and probably only looking to his left, due to the traffic!

i'll keep my fingers crossed

[Biker Biggles]

Talk to the lawyer,and if you are not fully confident in them get another lawyer.Bike specialists are White Dalton and I had dealings with Bromilly Holcroft who did a good job.All a good few years ago.

i'll see what happens, early stages at the moment.

+1 on Bromiley Holcroft, they finished mine up a few months ago and they were pretty good.

Push for as much as possible and be prepared for a wait until you see anything from insurers regarding money. It sounds like it may take a while due the TP pushing and trying every trick in the book. The TP from my previous crash even came up with a bulls**t statement which was half lies and assumptions.

Its a difficult one with filtering, my last accident was with filtering, luckily i had a witness, who unknown to anyone except me and a few friends/family, was a biker in his business's van so a bit of lucky bias. Bought him a couple of pints for his trouble.

In the end with a witness statement in my favour, and a court date on the horizon, the TP finally realised that they were f**ked and gave in. They offered a 50/50 settlement first, but keep pushing, dont settle until they will go no more. Just try and keep it out of court. I was given a previous case summary which was similar to my own and the judge settled it in 50/50. Judges tend to frown upon filtering as its putting oneself in a position of danger.

Whether a judge frowns or not the law is what should be applied and if the vehicle is coming from a side road,GIVING WAY TO TRAFFIC FROM LEFT AND RIGHT, and he chooses to go between stationary vehicles to make his exit he should be aware of other road users and give way-----THEY DIDN'T
In answer to your question regarding time scale till settlement it was rather prolonged
50/50 3months--60/40 3months--70/30 3months--80/20 3 months and then another six months for them to admit 100% liability and settle.[18 months in all]
As soon as the third party move away from 50/50 this strengthens your case so make sure you are assertive with your legal team insisting it was not you who was at fault as the third party was crossing your path of travel without proper observation or regard to other road users or they would have seen you approaching on the outside of the stationary traffic. As has been said they were probably more concerned about traffic coming from their left and failed to look right.Should they claim they did look right and failed to see you then they have admitted liability as you were there and they knocked you off.
GET A GOOD LEGAL TEAM WHO WILL LISTEN TO YOU AND FIGHT YOUR CORNER.

[Ratty]

I got T-boned in 2008. Other insurer accepted liability and I won 100 % on the compo. See post 25 in this thread for the letter I submitted to the solicitors. Check the Highway Code references are topical though.

Ratty