18-07-14, 11:17 AM
my take on this is twofold
firstly, it appears to me that all case law isn't worth the paper its written on as the judge on the day makes the call, hence the differing opinions when A gets away with it but B has to go 50/50 or except 100% liability
I posted on here last year how my lad had a bump whilst coming out of a side road onto a main road in his car after someone had "let him out"
a car travelling down the outside of the traffic passed my lad and he gently nudged their vehicle side and a bit of plastic trim fell off their van, no damage at all not even paint to my lads car
they went away and then done the whipcash claim
our insurers said my lad was at fault for pulling out from a side to a main road, same advice given to me by the cop on my advanced course but strangely, the loss adjuster/accident claims man for the insurance quoted case law where my lad was not wrong as the judge had blamed the other driver (see point one above)
my insurance said that as there were 2 in the van then the first one who claimed (van driver, had a witness......his passenger)
I got my car looked over by our insurance and they said there was damage underneath (not on show, we argued it could've been there before we bought the car as you couldn't see anything with the untrained eye) we got a certificate to say there was no frontal damage from the scrap yard
You can overtake in the zigzags and you can overtake in a hatched area with a broken surrounding line but not one with a solid surrounding line
my lad saw the insurance barrister/QC as we would not accept any liability but the insurance eventually said you take 50/50 or argue it in court on your own and pay the costs if you lose
they were happy to pay out 50/50 incase they lost in court and had to pay out 100%.........their words to us so its not about who's right and who's wrong.......its about saving money and edging their bets in the world of insurance
the whole episode made me sick
as others have said, good luck with it and get a specialist bike firm to look at it before you commit to anything
firstly, it appears to me that all case law isn't worth the paper its written on as the judge on the day makes the call, hence the differing opinions when A gets away with it but B has to go 50/50 or except 100% liability
I posted on here last year how my lad had a bump whilst coming out of a side road onto a main road in his car after someone had "let him out"
a car travelling down the outside of the traffic passed my lad and he gently nudged their vehicle side and a bit of plastic trim fell off their van, no damage at all not even paint to my lads car
they went away and then done the whipcash claim
our insurers said my lad was at fault for pulling out from a side to a main road, same advice given to me by the cop on my advanced course but strangely, the loss adjuster/accident claims man for the insurance quoted case law where my lad was not wrong as the judge had blamed the other driver (see point one above)
my insurance said that as there were 2 in the van then the first one who claimed (van driver, had a witness......his passenger)
I got my car looked over by our insurance and they said there was damage underneath (not on show, we argued it could've been there before we bought the car as you couldn't see anything with the untrained eye) we got a certificate to say there was no frontal damage from the scrap yard
You can overtake in the zigzags and you can overtake in a hatched area with a broken surrounding line but not one with a solid surrounding line
my lad saw the insurance barrister/QC as we would not accept any liability but the insurance eventually said you take 50/50 or argue it in court on your own and pay the costs if you lose
they were happy to pay out 50/50 incase they lost in court and had to pay out 100%.........their words to us so its not about who's right and who's wrong.......its about saving money and edging their bets in the world of insurance
the whole episode made me sick
as others have said, good luck with it and get a specialist bike firm to look at it before you commit to anything
fire never sleeps