Stiffed by my own insurance!!!

Thank you much appreciated I'll google em!

Originally Posted by Biker Biggles

Get advice from a proper bike specialist lawyer like White Dalton or Bromilly Holcroft.There is no substitute for the correct advice.

Wouldnt touch them with a shi**y stick.

ok with some of the simpler things but any grey areas and they bugger about all the time.

[yorkie_chris]

Originally Posted by darylB

To be honest and a little bit brutal from what you have just written I would say you were at fault for the accident which is why they settled.

If you'd seen the road, it's a tiny driveway this guy was turning down.
And I believe someone turning into a road has a duty to make sure it is safe to do so.

IAM, whatever, IAM is about preventing accidents, this is blame game not exam for who can ride around car park

sounds crap mate.

i agree if there is a filter lane or obvious right turning then yes you would not overtake. However when turning across the path of another vehicle it is the responcibility of the driver to ensure it is safe. unfortunatly this didnt happen and smudge was caught up in it. isnt this in the filtering insurance letter type thing thats been contested in court and won before?

Yes, the IAM is about preventing accidents which is why I posted what I did, it's all about observation, speed, riding to the conditions etc. All I was saying is what I think the solicitors thought about the case and why they did what they did. as i said it's strange that Smudge wasn't kept informed and he ought to contact somebody else about it for a legal point of view. Where does an exam in a car park come into it. It's certainly not an IAM exam!! whics is carried out on the road. I agree it is a blame game but with no witnesses conclusions have to be drawn on information from both parties which is what has happened.

Daryl

[Sid Squid]

Originally Posted by Stu

I thought you were a Freeman and did not recognise the laws of this land?

What's this to do with the law? This is detail of a an agreement between two parties - Mr Smudge and the insurance company - voluntarily.

Do try to keep up Stu.

The reality Smudge is that the insurer has exercised its powers of subrogation.

In other words, they stand in your shoes, and they can settle it if they like. They don't need to tell you, let alone consult you. They can do what they like. Whether it suits you is neither here nor there.

As the payment was made without prejudice, the fact that it was made is inadmissible in any court case so you still have a claim. Go find another lawyer.

I think that the comments made about the IAM are unfortunate, unjustified except by prejudice, and frankly risible. It isn't a trip round a car park. Whether you like it or not, overtaking at a junction of whatever sort is best avoided. Suppose someone had turned left out of the junction. OK it's a dirt track, not a road as most people would call it, but what about a quad? They probably would have looked right - but not left - result, a head on.

[yorkie_chris]

You can see down the 'road' from the direction smudge was travelling, so obviously no risk of someone turning out of it.

The comment about IAM wasn't serious, just making the point that something being a bit naughty from the IAM point of view does not make it relevant from the point of view of deciding who is at fault. And going "tut tut, naughty boy" is not going to weld his broken frame back together either...

Originally Posted by Ed

OK it's a dirt track, not a road as most people would call it, but what about a quad? They probably would have looked right - but not left - result, a head on.

And if that had happened it would have been the quads fault for not looking where he was going, but as you say ED, get another solicitor.

[TamSV]

I wonder if the other guy "remembered" he had his indicators on by the time he filled in his insurance claim form. Wouldn't be the first time.

Smudge, if you're going to seek further advice get some photos of the accident site (if you haven't done so already).

The reason I say that is, from the description of the accident, it's easy for the insurance company to think "Ah, it's one of those - the result will be X".

Sometimes, when you see pics, it can change your opinion.