im getting sued!? *UPDATE*

[darkangel]

*UPDATE
im going to be going to a small claims court.

From the info in the particulars of claim she has tried to make out that she was in the far right lane (my lane) all along and i tried to overtake her kerb side infront of a junction that she was indicating into.
lying bitch!
the only witness statement taken was conveniently the passenger in her car (her ex husband) but this is being completely disregarded thankfully.
This is ridiculous i stayed in my lane the whole time and she hit me while pulling into my lane infront of that junction, i was in my lane the whole time and made no moves or had no intention of leaving it or going into that junction, i made no overtakes, didn't speed, just sat in my lane.

She has also tried to make it sound that i hit HER has she pulled into the junction somehow, and that i didn't take any evasive actions or brake.

If i hit her why is there no damage to the front of my bike?
If i hit her why is all the damage on the left and right sides of the bike where she scraped along and pushed me off the road where i skidded to a stop on my side, broken levers, scratches, slightly bent clutch foot lever. no signs of a proper impact.

If only the damn police took a picture of the scene it would have been clear what had happened.

next time i crash, if im able, im getting out a camera so this doesn't happen again.

madness!?!
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i posted a while ago here about a road accident i had where a woman pulled out infront of me.

https://www.bikechatforums.com/viewtopic.php?t=133707&highlight=

She has continued to deny liability, seems to have hired solicitors and i just got mail though the post from the court saying that i have to pay 300 pounds to her!?

Apparently i:
Drove at speed that was excessive in all the circumstances (about 20mph on a 30 road)

Failed to brake, steer or otherwise control their vehicle as to avoid a collision (she pulled into my lane without checking her blind-spot, she pushed me off the side of the road there was no 'collision'. i was going straight on and it was her action of turning into me that caused this, no time to react.)

Failed to see or head the presence of the claimants vehicle (i gave her the whole road and plenty of time to pull into my lane and she failed to do so)

Failed to keep any or any proper lookout (again the whole road)

Drove into collision with the claimants vehicle when by exercise of proper skill and care they could have avoided doing so (she pulled into me, i had right of way, letting her pull into my lane would be a courtesy not the law)

Overtook or attempted to overtake the claimants vehicle at a junction, when they were clearly indicating right at a time where it was unsafe to do so. (there was a junction but she was in the wrong lane! she should have been in the correct lane prior)

[Davo]

You need to contact your insurance company to let them know, they will handle this for you.

Have there been any previous claims from this incident?

[Skudd]

Just let the insurance and your solicitor sort it out. remind all those involved of the true facts and the discepencies that she has with her claim against you. It is just a ruse to get her off or get some pride back from her crap driving.
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Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[thegubner]

Shouldn't you have had notification of it going to court?

Is it a proper letter from the courts or is it just the solicitors trying it on?

If it was a court hearing wouldn't you have to pay court costs as well if you lost, and wouldn't you have a conviction for driving without due care or some such other bullshit?

[darkangel]

there has been an ongoing claim between our insurance companies, and when i sent in details of the accident apparently they lost them, so i had to resend.

And now it looks like she has tried to sue me separately.

I can understand maybe taking 50% liability but definitely not 100%!
there is no evidence to prove that i went into her, there was no damage to the front of my bike, there is more evidence showing that she hit me (loss of bumper), there was no actual hard impact though, i simply slid alongside her and got pushed off the road, i was right in view of her right windscreen how the hell did she not see me out of there.

I was doing a steady 20mph alongside her as she suddenly decides to lane swap right in front of a junction, i was perfectly legal sitting in my lane going straight on, she pulled into the side of me without looking, even though she had her indicators in, she didn't look! gotta be 100% her fault

[Itchy]

Thing is if you win , you may have her for fraud,
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[thegubner]

[Itchy]

Hold on hold on you got a order from a court? ,

What does it say? , that she won on default due to your absence? , its a very sneaky trick I've seen where you get taken to court and the other party doesn't tell you the court date , and thus you cannot represent yourself.
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[darkangel]

what i got in the post was:
the envelope was taped up (had been opened at some point, worrying?)

the papers look legit

Worksop country court, it has a stamp on it.
30 pound court fee.

i have just re-read what it says and this is a complete lie!
"an accident occurred when the claimant was indicating and in the process if turning right into a junction when the defendant overtook them on the right hand side, causing a collision"

This was a 3 lane road with a very small one way road on the right hand side.

X is my position, y is hers.

and apparently she wanted to turn into that side road? in one movement? she should have been in the correct lane beforehand not half a meter before, if she had to stop to wait she would have blocked the road like that.

and is it really classed as an overtake? she was in a separate lane

| | | |
| | | |
| | | =====(side road)
| |y|x|
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |

*edit*
The ascii didn't work very well sorry

I was not told that there would be a court case, the only mail i got was a basic one from the solicitors she hired that they are making a claim against me, no dates, no addresses nothing.

[Itchy]

There is something in the highway code/theory test which states that if you think you are in the wrong lane , you should not swerve over but continue on in that particular lane.

If she was @ Y , and you were in X she is guilty of this,

BUT

hold on which way is the direction of travel? in that picture actually makes you look guilty of overtaking at a junction unless the picture is upside down and or the direction of travel is down.

| | | |
| | | |
| | | =====(side road)
| |y|x|
| | | |
| | | |
| | | |
| | | |
| | | |
| | | |
123

I'm assuming lane 1 is up 2 is up 3 is down right? and thus the direction of travel is up , also that she was turning into it, if 3 was for oncomming traffic?.
____________________
Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[darkangel]

the direction of travel is up. I never changed lanes, i continued in the same lane, she was in the lane to my left the whole time until she pulled into my lane.

I did not speed up to overtake her, i sped up to catch up, then slowed to her speed as to not pass her ( i should have just overtaken i would have saved myself)

[Grav]

Seek proper legal advice from a solicitor immediately.
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Dark Lord Of Custard

snigger.....

[Itchy]

[pa_broon74]

Mmm.

If this is something she's doing as an aside to the insurance claim and your insurance decide not to deal with it, get in touch with one of those hateful no win no fee type places and counter-sue.

I'd imagine they'd love a cut and dried case like this where they're almost guaranteed a win.

Gook luck with it.


____________________
Didn't catch anything.

[truslack]

[syl]

Sounds like she took out a small claims case against you and they found against you (by default, as you didn't show). As you were not notified of the case you can apply to the court to have it set aside. Then the court will reissue the proceedings and you can put in a counterclaim in your defence.

You need to speak to your insurer and their solicitors fairly promptly to get this dealt with.
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Current bike: Kawasaki Z750S

[T.C]

The letter you have received is what is called a "Particulars of Claim" and is a standard worded letter when civil proceedings have been issued and it would have to be issued by the local county court.

Although it is not a summons for a magistrates court, the way particulars of claim are worded is the same throughout and they are telling the recipient why proceedings are being issued.

The defendant can either make a counter allegation, or defend the matter in court which is far less formal than a magistrates court, but unlike a magistrates where you have to prove beyond all reasonable doubt, you only have to show on the balane of probability inthe county court.

Pass the particulars of claim onto your solicitor or insurance company as soon as possible in order hat they can get a formal response off to the other side.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[Ariel Badger]

Why, when issued with a legal document , do people think "Forum first lawyer/insurance second?"
____________________
Bikers make great organ donors, get 115 on your licence today.

[Walloper]

Because you only get the best superstition. lay law and pish on T' Internet.......
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W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair

[APNess]

See a specialist Bike solicitor (like https://www.whitedalton.co.uk/ who post up in Bike mag every month). They seem to know what they are on about.
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97 Thunderace. Power ok, weight a bit lardy. Or is that me? Anyway, both of us together=too slow. Next stop - Gixxer Thou or Busa! Or not. Now on ZZR14 second gen

[darkangel]

bump, edit didn't put it up on the list

[Blink]

Find out where she lives and pay someone to make her live in fear.
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The only way to get rid of a temptation is to yield to it.

[darkangel]

tempting...

[Blink]

Classic biker error though. Always ride cautiously around junctions.
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The only way to get rid of a temptation is to yield to it.