Just some advice please…
I was knocked off at slow speed back in February, and it was clearly the third parties fault (cutting across my straight path, to make a right-turn).
The witness totally blames the driver, the police have forced her to go on a driver’s awareness course, and her insurance company have agreed to compensate me for my losses ‘without prejudice’ (Whatever this means).
Now. Whilst putting together what was damaged, my solicitor (Paralegal), sent me this:
I am just considering your claim for expenses. Am I correct in my understanding that the payment shown on your statements to George White Superbike Swindon of £XXX.00 and £XXX.98 is the total cost of the motorcycle suit? I note you state prices have risen but the Insurers will not pay you more than you paid for the items and may deduct a percentage for wear and tear. You have provided me with a statement for the gloves. What about the helmet and rucksack you say were damaged?
I am going to be out of the office tomorrow and Friday and will be looking at your file again on my return on Monday. Perhaps you can let me have your response and any supporting receipts upon my return.
The two figures I blanked out - were a deposit, and balance paid. The suit was barely a few weeks old when I was knocked off. I got a great deal, but to replace this suit would be about 40% more than what I paid. The same with my crash helmet. I paid £450 for an Arai RX7 when it was new - yet the new replacement model is the GP, which is £599. I can’t be expected to take an offer on this, and then make the difference up! That puts me worse off than before the accident.
Is there a standard-type legal response, which covers this type of area? I understand items of fashion, and ‘non-safety’ equipment have residual value, but when the third party is entirely to blame, surely these items should be replaced, to the same model or it’s nearest equivalent? Especially at no extra cost to myself?
Thanks for those who will reply seriously, and I’ll deal with those who inevitably will wind me up! lol