Insurance claim: 50/50 liability

[Rookie]

A few of you might remember I was pulled out on back in June, shattered elbow and all that jazz. Norwich Union (3rd party solicitor) just got the police report and 2 of the 3 witness statements say I was going too fast and it was my fault. The other one says the BMW wasn't looking and it was his fault.

First off, I don't believe it for one second, so I am taking it to court, as I know Norwich will plump for 50/50. The accident happened less than 50 yards from a set of traffic lights that I pulled away from, so I'll be doing my research there.

My question at the moment is; if (and I bloody hope I don't) I get 50/50 liability for this accident, what will I be receiving? Given I'm owed about £8000 for my bike, kit and loss of earnings, and I should be looking at £30k+ for my injuries. If I don't get my 0% liability and get 50/50 instead, will I be looking at £4k and no compensation?

Secondly, given my limited explanation of the circumstances, does anyone have any insights? I will of course be consulting my solicitor, but she refuses to advise until she sees the police report, for obvious reasons.

Any help greatly appreciated.

Small postcript: I'm no good at physics, can anyone figure out how fast I would feasibly be going, if I had 50 metres to go from 0 and was probably doing 0-60 in 6 seconds.

[Mister James]

My understanding of 50/50 is that you receive 50% of what you would expect to get in a 0% liability situation - as would the other party from your insurers. That would mean - given your figures - you'd receive 4k for the bike and 15k for the injuries.

I'm curious as to how you came by the 30k figure for your injuries - I'm currently waiting for a medical report to be sent to the 3rd party's insurers for an offer - I wouldn't mind a bit of insight into how much dosh I can expect myself!
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>Soultrader Mister James, I bet you are a copper
>Bazza Wow. Eyes like a shithouse rat, you...

[Rookie]

I had a hunt around the web and found a site which lists what you can expect to receive for certain injuries. Severe elbow injury (not loss of arm): they reckon around £32k. However I've been quoted 6 figure sums from other people, so it's very much conjecture. Thanks for the 50/50 help. To be honest I might cut my losses and go for that, I've had rather too much of insurancey bollocks. I'll wait and see what my solicitor says.

[LeeR]

I was under the impression that 50/50 liability meant that 50% of the costs would be met by each of the insurers. That is if you are fully comp you'll still get the full value of you bike but that will result in a loss of your no claims discount. The legal costs etc... will be divided 50/50 so your insurer will still end up paying out and therefore any compensation due from the 3rd party will be half of your expected amount. Your insurers may still give you the total value but they'll pay the rest as that's what they've insured and underwritten you for.
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My claim to fame: Austin Vince nicked my pen...

[iooi]

50/50 wont affect your payout.
Thats how the ins co's have decided to split liability.

Best wait and see what solictor says, if not happy with that then have a look at goving someone like Sorry Mate a call as they are more bike inclinded and should push for a better deal.
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Just because my bike was A DIVVY, does not mean i am......

[Kal]

The Insurance Companies will attempt to limit their losses every time which is why it may be good for you to get independant legal council.

Technically I am sure it is possible for you to be going too fast in that distance.

However the witnesses suggesting you were speeding are not professional observers and aren't going to be speed trained.

It's taken more than 3 years for one of my friends so far and is still ongoing. She was a pillion and the bike got taken out by an oncoming, speeding car in the wrong lane driven by a guy over the limit.

Her leg was plated and her concussion so bad that she still has issues if there are too many noises in one place. She lost her partner and her job because of the accident.

The motorbike she was on was being trailed by a Police car so there are favourable reports from qualified observers.

The Driver has been out for a year and will be allowed to drive again in another two. It takes time, the insurance are counting on you giving up and going away - just don't settle for anything.
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Kal...
I Like To Hoon It Hoon It I Like To Hoon It Hoon It I Like To Hoon It Hoon It Ya Like To (HOON IT!).
1984 GB250 Clubman,1983 CB250N Superdream, 1999 GPZ500S

[Mister James]

[dicko]

The 2 witnesses who state you were riding too fast are immaterial as they cannot prove you were speeding. Were they standing at the side of the road with a speed gun ?? I think not !

Public perception of motorbikes speed is slightly distorted as most bikes make more noise / are smaller moving objects etc.

I would be concentrating on the statement from the witness who stated the driver pulled out. Its also immaterial if you were going fast as he should have looked prior to manoeuvering !!!
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Honestly officer I didnt do it !!!
Current Bike CBR900RR2 FIREBLADE

[Finglonga]

Had an accident in my car in Jan 2006 I am still recovering from. It was the other drivers fault due to their car being on my side of the road, yet their insurance tried the same 50/50 bull on me. They are going to try anything on, your solicitor should know that if he is any good.
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Andy Sez....
F.Y.Y.F.F.

[Kickstart]

[Ste]

[Benrly]

v^2 = u^2 + 2as
a = ((60/6) / 3600) miles per second^2
a = 4.5061632 ms^-2
v^2 = 0 + 2(4.5061632(50))
v^2 = 450.61632ms^1
v = 21.22773ms^-1
v = 47.4850796 miles per hour.

You could well have been speeding.

[Rookie]

iooi - thank you for that Sorry Mate link, I sent in a query and he phoned me 10 minutes later and basically dissected the case down the phone to me. Sounded like a properly nice bloke who would be actually persuing the case, unlike my current solicitor.

I'm sending the required forms to him tomorrow so he can get cracking on things. He reckoned on an 80/20% liaibility as a rough figure, as I was in the middle of the road, light on, stopped at the lights there to be seen. Me speeding wasn't negligent, him not looking was.

[monty]

go all the way if you know you were in the right fight all the way.

my mums boyfriend got knocked off the zx6 when a car shot out from a car park but his insurance are going 20/80 so it looks like the car driver was in the right

fuck that robbing bastards

you have a right to fight people have lost theres lives to give us these rights
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Gilera Nexus 500
Its a scooter get over it!!!

[AC]

[deanoet]

the most important question being how have you healed up?
Healed well? or u got restricted movement?
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CBT Passed 18th July 2007 : Previous Bikes> CG125 : Current Bike> Hornet 600 : PASSED DAS 30th Oct 2007
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[iooi]

NP

I would not worry too much about 50/50, the main thing is you still get paid out.

Years ago, ins used to work on a knock for knock basis. Where your ins wouuld pay out for any costs etc. I guess over time it balanced itself out. This ment you got a nice quick payout as there was not haggling about blame etc.

Then one bright co had the idea that if they didn't do this and billed the other ins co's when their driver was not at fault they could offer cheaper premiums.......

Well we all know that was never going to happen....
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Just because my bike was A DIVVY, does not mean i am......

[Rookie]

[dicko]

"I'm very impressed, you basically repeated what the solicitor at Sorry Mate told me. You must have some legal experience! "



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Honestly officer I didnt do it !!!
Current Bike CBR900RR2 FIREBLADE

[Kris]

Sounds like the standard case of 50/50 itis that basically means both insurers try and save a bit of cash with reduced squabbling and in the end the only loser is the victim of the accident. You.

I'd fight tooth and nail if I were you. Don't accept being fobbed off with any blame and don't think for a minute that witnesses will last ten seconds on a stand if probed about your speed.


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[JonB]

I can't believe sometimes that witnesses are the be all end all.

A bike is loud. Even at slow speeds a bike is loud.

Your average witness will probably know nothing about motorbikes except for "Oh the bike was really loud, he must have been speeding".
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Be careful whose advice you buy, but, be patient with those who supply it. Advice is a form of nostalgia, dispensing it is a way of fishing the past from the disposal, wiping it off, painting over the ugly parts and recycling it for more than it?s worth.