Right had a call from rss and the 3rd party after lying about where her car was has now offered 50-50.
How does this work out for me as rss said ill get personal injury payout etc. its all greek to me so can anyone fill me in on the details?
heres the link on what happened http://londonbikers.com/forums/Topic556582-35-1.aspx?Highlight=broken+hand
jeez this is still going on? I feel for you dude
I cannot see how they can ask you to accept a 50/50?
Filtering is a perfectly legal practice providing a few basic rules are complied with, but whoever opened the door has committed a specific offence of opening a door neglegently.
Although you should wherever possible (and this is not a criticism by the way) allow at least a doors width between yourself and vehicles you are passing, this is not always practical, but the person who opened the door has a statutory duty of care to ensure that it is safe to do so before actually opening said door.
Unless I have missed something, you may have to accept 10 or 15% liability, tops, probably nearer 5 or 10% (this is called contributory negligence) but not 50%.
They are trying to fob you off with a knock for knock, clearly not acceptable based on what you have posted in your previous thread.
What are the implications for your personal injury claim if you go 50-50? Can you claim personal injury on your own insurance?
Just read the OP and it sounds as though the passenger was completely in the wrong for not checking the mirror as she opened the door. Surely if you accept 50/50 for the crash, then you accept half responsibility for the injuries you suffered too?
I would definately get some advice before you accept. Seems it was not your fault. 
How did you damage the rightside of your bike if the car door opened on your left i presume?
cos that’s the way the bike falls.
imagine you’re riding and something stops your left handlebar. which way will the bars turn and which way will your bike fall
if you read i was on the left between parked cars and a line of traffic it was the rear left passenger door that opened from a car waiting in traffic
hmm because my witness lives near me and knows of me hes not independent
Each injury has a valuation which are called General Damages. In 50/50 cases, the claimant will only receive 50% of the full value as well as any other costs which are called special damages.
I see and investigate these type of accidents on an almost daily basis, and I have yet to see anyone settle for a 50/50 split liability.
@ T.C do i stand a chance of fighting this baring in mind my witness knowns me she says i was speeding and had her indicator on my witness says other.
they will keep arguing the fact i was on the left so are only offering 50
When I got knocked off (albeit no witnesses) although the guy did not have his indicators on in his statment he said he did… I they offered 50/50 I ended on 80/20 (80 to me) and only agreed to that as it was on going for 18 months…
basically shiv fight the fvckers, what does you sol say, I recon tell them to stuff it and take it to court as worst case you;ll probably end on 50/50 but costs the insurance to do that so may be cheaper to settle out of court.
give me call if you want I still know afew people in the business and might be able to get some info for you
You are dealing with an accident management company, so they will try and go for an easy and quick settlement so they get their bills paid quickly.
It is not for you to prove you were not speeding, it is for the other side to prove you were, and imaterial if your indicator was on or not, the person opening the door still has that legal statutory duty of care to ensure it is safe before the door is opened.
Do you stand a chance of fighting this? Hell yes, but whether RSS will take on the fight on your behalf is another question, one of the downsides of using an accident management firm I am afraid.
You are welcome to drop me a line and I will be happy to have a chat with you on the phone or I will be happy to give you my email address if you want some pointers or advice.
any help i can get ill be glad to take on board. I had to even get my sol to reread the witness statement which then he found was usefull being that it said she didnt have her indicators on so getting abit worried how hard they are working on this.
dont except it, they are trying it on m8.
m8 of mine had same, actually lost a finger cos it caught the edge of the car door, they offered same 50/50 but declined, i believe he got something like 75/25 or 80/20 in his favour in the end.
Fight it m8. If she’s confirmed she didn’t have her indicator on in one statement and then claims it was on in another statement then Rider Support should be using this information against her. Likewise, how can you speed when you’re filtering in traffic…I guarantee you were still doing less than the speed limit for that road, therefore, the speed you were doing had sweet fa to do with the accident.
She should have found a safe place to drop her kids off…doing it next to a parked car is just careless and irresponsible.
Stand your ground m8. 50/50 is certainly not fair and she is mostly to blame. Filtering isn’t illegal, but by doing it you except a small portion of liability…but not 50%.
Good luck m8.
Right ive put forward the good points people have pointed out and rss has sent a copy of the witness statement which contradicts their claim of indicators being on. So see what they come back with hope its better than 50 50 as this has been going long enough for my liking
Result stood my ground about my witness statement and they have offered 75-25% in my favor which im happy to accept once the paper work comes my way
good to hear! 
might get some money to finally paint it now! 
nah im use to the grey now think ill spend the money on my kit and new rubber ready for the warm weather
