Basically, I was knocked off in December at a junction by a white van who decided not to indicate or look in his mirrors before he decided to leave a queue of traffic for an alternative route.
It took ages for them to reply to our claims and their first response was that he was indicating and waiting to turn, and whilst he made his manoeuvre I rode into him. It’s pretty ludicrous, because if you knew the junction, you’d be asking for big trouble if you did that.
They’ve now come back and have decided to accept 75% of the blame, and my solicitors are heavily recommending that I take the offer, as the insurance will not pay for me to go to court if they are advised that this is the best I could get. The solicitor has told me she has no case law where the driver has been found 100% responsible in similar circumstances (at a junction).
Basically, I feel shafted. I’ll have to accept 25% of the blame… in effect 100% according to my insurance when I come to renew in September. ( I haven’t got protected no claims)
Does anyone know of any such cases where the driver has been found 100% to blame, or where insurance companies have made an ‘adjustment’ to the new premium based on these circumstances?
I’ve been told it’s not because I id anything wrong, it’s just because we were at a junction, I have to accept liablity - to the above %. Aparently it wouldn’t even help if I had statements from Advanced riders of any degree, stating that they would have undertaken the same manoeuvre.
(Would punch his f***ing lights out if I ever saw that van driver again)
I’m gonna play devils advocate here, please don’t flame me too bad.
If you’re approaching a junction while filtering, I can see why a court might think you need to accept a portion of the blame, no? I *sometimes * will pull in and pass the junction before continuing to filter as I’m aware someone might swing out. Might they say you weren’t paying enough attention or were going too fast if you rode into this guy?
Sorry if I’m misunderstanding the situation, like I say, I’m trying to take an unbiased look at how it sounds .
Don’t get me wrong, it’s his fault, he should have indicated, checked mirrors, I’m not defending that. I’m just wondering how the court will work, suggesting perhaps you didn’t ride as defensively as maybe you should near a junction?
CHEEEEEEEEEEEEEEER UP FELLA I GOT WIPED OUT OUT SIDE BMM LAST YEAR OR SO:rolleyes: FLIPED OVER A MERC AND BIKE WAS IN THE SIDE OFF THE CAR I FLIPPED 3 TIMES DOWN THE ROAD AND LANDED NEAR THE BUS STOP! ( ADULT PLZ;) CHER UP UR BE OK WE ALL BEEN THERE;) UR BE OK… ANY ONE NO A OFFIE OPEN NOW I RUN OUT HUMMMM:P SOUTH EAST PLZ;)
P.S THE DRIVER ALSO WENT TO DRIVE OFF AND 5 MC BIKERS I WAS WITH AT THE TIME DRAGGED HIM OUT AND STOPPED HIM HAHAHHAHA:w00t:
alex it seams the only reason your brief is shafting you is they all stick together the law sucks in these situations,contact a real motoring solicitor and your mp and kick there arses,good luck,did you guys enjoy the maintenance course,andy.