Insurance claim question

[calyx]

Long story short;

Overtaking a car, he turns into a driveway without indicating. (December 2010)

Outcome: very slightly bent forks, slightly bent handlebars. Estimated repair cost: £1600 pounds. (I can fix it myself for around 400 quid)
Bikes worth: £1600 pounds. (agreed valuation)
Pillion (wife) hurt her hand, I am ok.

Witness says "a bike was overtaking a car, car was not indicating, he turned right and clipped the bike. BIKER WAS AT FAULT" (I know it doesn't make sense but she is a 60 year old granny.)

Now my insurance company wants to admit liability and fork out 1800 pounds for personal injury to my pillion.

Here is the question:

How important is witness' personal thoughts? According to the highway code cager is at fault. But the witness says the opposite. My insurers says "highway code is not relevant". They don't want to pay court fees if it settles 50/50 and my solicitors believe it will. (or they just want to make more money by going to court)
Should I admit liability and get 1800 quid. Or, go to court?
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Boris - London

[iooi]

[0ddball]

Fuck me, your wife gets £1800 through an accident that is technically your fault (if you decide to admit liability). Compensation culture at it's best.
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ZXR750L

[chris-red]

It will settle 50/50 everybody loses, insurance are scum. It will take years to settle and at the end of the day you risk far to much going to court as your insurers will not back you.
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.

[yen_powell]

Have you got a link to the location on google maps?
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Blackmail is a nasty word........but not as nasty as phlegm!
XT1200Z and a DR350 in bits

[calyx]

[C-Pk]

I don't want to cause an argument or get bashed here, but, I believe you are liable. Despite the fact that yes he was a knob who didn't use his indicator. You need to read the road ahead and say. Ok driveways on the right and therefore a car could enter or exit one of these at any moment.

Technically your fault and hence why your insurance company will blame you. However, we all know that idiots and indicators cause the accidents.
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Passed Mod 2 - 6th August 2010

First and Current Bike - 2008 Suzuki SV650SK8

[Pete247]

I got done many moons ago for a similar accident, police charged me for careless and inconsiderate driving even tho a bike cop told me he would have done the same filtering at that spot, I think as far as insurance claim went tho it was 50:50, so even if you don't take the full blame according to the insurance be warned you could end up with 5 pts on ya licence!

[crackfinder]

[Pete247]

unfortunately the law and insurers will probably go along with the overtaker gives way to anything that happens, just like if you run into the back of a car

[Easter Bunny]

I fail to see how the op is at fault if he overtook legally and was clipped by a car changing direction without looking.



I'd hazard at a guess the old ladys their Granny!
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The light at the end of the tunnel is an oncoming train!

[C-Pk]

Overtaking when there are driveways is the same as when there is a junction. If you are going to do it you need to be extremely careful and make sure noone is turning in or out of them. You can't see everything granted. But insurance will most likely still say you should have read the road and realised he was slowing down and or getting ready to turn.
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Passed Mod 2 - 6th August 2010

First and Current Bike - 2008 Suzuki SV650SK8

[Nixon]

[Pete.]

[Easter Bunny]

[Rogerborg]

[C-Pk]

[Cheeseybeaner]

[Cheeseybeaner]

[C-Pk]

Ok obviously my use of the word junction is getting a bit of confusion here.

Replace that with "potential hazard" which is something that needs to be considered before overtaking.
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Passed Mod 2 - 6th August 2010

First and Current Bike - 2008 Suzuki SV650SK8

[Cheeseybeaner]

[Nixon]

[C-Pk]

From my experience most insurance companies will not accept liability if they believe it was the others fault. So I would be surprised if they were happy to pay out if they thought other party was to blame.
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Passed Mod 2 - 6th August 2010

First and Current Bike - 2008 Suzuki SV650SK8

[Cheeseybeaner]

[Pete.]

My opinion is that most insurance companies base their judgemets on 'how can I get out of this costing me the least'. They'll use the highway code rules to argue when they think they have a good chance of non-fault but if there's a fair chance of shared blame and the other side look like they'll put up a fight they'll opt for a 50/50 to save on expensive solicitors fees.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good