got t-boned, legal advice

[Airwolf]

for you who don't know, i got t-boned on the 31-1-11. was on my way home, making progress through the traffic. not going that fast due to road conditions and traffic. at 6pm in the evening.

(this is from the third party and witness) just ahead car allows a gap to allow a car out of an mot garage, behind the car that made the gap was a bus, so i could not see what was happening ahead.

i get hit across the road, dislocated my left shoulder and pains to my left leg and foot.
bike got broken fairing, crash bung and peg hanger, front sub frame.

so based on what the witness said and damage to my bike:-

1. my speed was slow
2. his speed not that fast ( as just pulling out) but fast enough to push me side ways.
my steering turned to the left, i went down.

he said at the road side, and at the hospital that he did not see me.

as i did not hit him, but he hit me, where do i stand?

i have read the stuff on here when it comes to filtering, at the moment the third party insurance are after proof of liabilty.

thank you in advance steve

[TamSV]

The filtering info on here is relevant in that it demonstrates that you're allowed to do it. So long as you were not over solid white lines or otherwise misbehaving I would be looking for this to be settled against the other guy. Although he was signalled to come out by another driver, it's still up to him to make sure it's safe to do so.

I take it he was turning right so was only looking to his left?

The other party insurer might try to say you shouldn't have been filtering so be ready to counter that.

An accident management company would likely take this on for you.

did the police attend the scene, who took there details, did they admit liability , did they say sorry (that is admission of liability btw) ,you were on the main rd they pulled out from side road/ driveway and hit you, they did not pay enough due care and attention, you being on the main rd had right of way , dont forget to add "hows this i was riding correctly your client hit me, my bikes wrecked and im in agony, hows that for the facts of the case

i hate fecking insurance companies

and get a proper solisitor, put everything thru them do have any direct comunication with the other muppets

[Airwolf]

thanks, just as i was thinking, just making sure.

[TamSV]

The only thing to worry about is what bike you're gonna get with the compo

Is somebody representing you? Re-reading your post it sounds like you're dealing with the tp insurer yourself?

[the_lone_wolf]

Originally Posted by Airwolf

just ahead car allows a gap to allow a car out of an mot garage, behind the car that made the gap was a bus, so i could not see what was happening ahead.

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...

[Airwolf]

going through my insurance company. hastings direct.
they have been very good, so far.
they got carpenters solicictors, which have got all the forms to me already.
got me a hire car to use, as i can not ride due to shoulder.
hastings told me today, about third party wanting proof.

[TamSV]

Sounds pretty standard. Shouldn't be a problem.

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

[Airwolf]

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 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.