Idle Banter For non SV and non bike related chat (and the odd bit of humour - but if any post isn't suitable it'll get deleted real quick).![]() |
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#1 |
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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 ![]() 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 |
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#2 |
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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 . |
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#3 |
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so i won?
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#4 |
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It does appear that way yes .
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#5 |
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Yipppepeppepepeppepepepeppepe.
(just to check thats not 50 50 either?) |
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#6 |
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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.
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#7 | |
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They will pay but not admit liability? is that right? |
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#8 |
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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. |
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#9 | |
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thats put the dampers on it ![]() |
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#10 |
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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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