30-01-14, 06:20 PM
Hi,
I had a bump on my last bike in November.
I was filtering past stationary traffic using the other lane as it was empty, a car pulled out of a side road.
I came to a stop but this has been disputed by the car driver. It's bent the front disc on my bike and an unspecified amount of damage to the car (who was turning right)
The insurance company was going to settle against me using Powell Vs Moody
They have refused to consider the Davis Vs Schogrin on the grounds that the situation is different though they did accept Leesen Vs Bevis and have now agreed to settle 50/50
There are no witnesses to use so I can't prove I cam to a full stop. I did point out that the trend in the case law was more in the riders favor the the previous case law and while she agreed that was the trend she said the specific circumstances are different.
The damage to my bike is minor (2nd hand parts for an SR125 are cheap) but I understand this will affect premiums in future for both bikes and cars (I'm hoping to pass my car test soon).
Has anyone used Davis Vs Schogrin for an incident at a junction?
I had a bump on my last bike in November.
I was filtering past stationary traffic using the other lane as it was empty, a car pulled out of a side road.
I came to a stop but this has been disputed by the car driver. It's bent the front disc on my bike and an unspecified amount of damage to the car (who was turning right)
The insurance company was going to settle against me using Powell Vs Moody
They have refused to consider the Davis Vs Schogrin on the grounds that the situation is different though they did accept Leesen Vs Bevis and have now agreed to settle 50/50
There are no witnesses to use so I can't prove I cam to a full stop. I did point out that the trend in the case law was more in the riders favor the the previous case law and while she agreed that was the trend she said the specific circumstances are different.
The damage to my bike is minor (2nd hand parts for an SR125 are cheap) but I understand this will affect premiums in future for both bikes and cars (I'm hoping to pass my car test soon).
Has anyone used Davis Vs Schogrin for an incident at a junction?