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-   -   Resullllltttt- Well I Think It Is? (http://forums.sv650.org/showthread.php?t=109433)

blueto 01-05-08 05:36 PM

Resullllltttt- Well I Think It Is?
 
SO IN OCTOBER 2007..miss Hancock decides she would be better of on my side of the road whilst i was stationary and gave way to her and would use me as a stopping device.

As this happened at 6am in the morning their were no witnesses. BUT....

Miss Hancock admits full liability as i pick myself out of the floor and is ever so apologetic...

She agrees to pay for bluetos bike:) exchange numbers wheel my bent bike home and sob

17.00 that evening her husband rings and says she is no longer taking the blame and wants to go through insurance......

BANG ...this is where the fun begins......My word against hers..GREAT.

SO MUGGY Blueto here goes and pays for the bike to get fixed like a mug...or more the reason i wanted to get riding again.....

So letters galore, photos, pictures, more letters, more photos more diagrams....and she still does not admit liability.

THENNNNN...the ineveatable happens....I write a letter saying i wish now to take th matter to court..and today i receive a letter saying this


dear mr barrett

you will be pleased to hear the insurers are willing to accept liability on behalf of their insured for the above accident.


So that was my insurance company...so i thinks great...Ive won....

BUT

The letter attached form her insurance company reads this.? Which to me is very confusing.

dear sirs,


after further consideration of this matter we have instructions to conceded negligence and breach of statuary duty.

causation and quantum remain an issue

yours sincerely


blah blah blah

Now what the hell does that mean? Have i won or not? or is this standard gobbly gook form solicitors?

please heplp

xXBADGERXx 01-05-08 05:43 PM

Re: Resullllltttt- Well I Think It Is?
 
Basically translates to :

Our customers have decided to admit to damaging your customers bike through road based negligance and we will pay for it , as to what caused the accident we don`t know or will admit to that , but we did damage your customers bike .

blueto 01-05-08 05:45 PM

Re: Resullllltttt- Well I Think It Is?
 
Quote:

Originally Posted by xXBADGERXx (Post 1496679)
Basically translates to :

Our customers have decided to admit to damaging your customers bike through road based negligance and we will pay for it , as to what caused the accident we don`t know or will admit to that , but we did damage your customers bike .

so i won?

xXBADGERXx 01-05-08 05:47 PM

Re: Resullllltttt- Well I Think It Is?
 
It does appear that way yes .

blueto 01-05-08 05:48 PM

Re: Resullllltttt- Well I Think It Is?
 
Yipppepeppepepeppepepepeppepe.


(just to check thats not 50 50 either?)

MiniMatt 01-05-08 06:30 PM

Re: Resullllltttt- Well I Think It Is?
 
Definitely get a proper legal person to check, but yep, effectively I think they're saying we'll pay for it but nothing we say can be construed as admitting liability - this will be their botty covering excercise - if you developed medical problems further down the line as a result of this and already had a statement from them admitting full liability then it puts them on the back foot right from the off in any future potential settlement.

blueto 01-05-08 09:36 PM

Re: Resullllltttt- Well I Think It Is?
 
Quote:

Originally Posted by MiniMatt (Post 1496716)
Definitely get a proper legal person to check, but yep, effectively I think they're saying we'll pay for it but nothing we say can be construed as admitting liability - this will be their botty covering excercise - if you developed medical problems further down the line as a result of this and already had a statement from them admitting full liability then it puts them on the back foot right from the off in any future potential settlement.

now i am confused..

They will pay but not admit liability? is that right?

Ed 01-05-08 09:59 PM

Re: Resullllltttt- Well I Think It Is?
 
Don't get too excited. All they've done is to accept that they owed you a duty of care and that they breached it. But did that breach actually cause the damage? They are still arguing that point, and they might try to say that your own negligence actually caused the damage. Or they might claim that there was contributory negligence on your part. Quantum is the amount of damage caused.

You have a way to go yet.

blueto 02-05-08 06:56 AM

Re: Resullllltttt- Well I Think It Is?
 
Quote:

Originally Posted by Ed (Post 1496977)
Don't get too excited. All they've done is to accept that they owed you a duty of care and that they breached it. But did that breach actually cause the damage? They are still arguing that point, and they might try to say that your own negligence actually caused the damage. Or they might claim that there was contributory negligence on your part. Quantum is the amount of damage caused.

You have a way to go yet.


thats put the dampers on it:(

fester 02-05-08 07:15 AM

Re: Resullllltttt- Well I Think It Is?
 
sorry to hear this mate but it does still look as though they will still be thrashing the finer details out like how much you are going to get, so some way to go.


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