Need to rant ... and ask questions.

[Amnesty]

Right, I posted snippets in other topics about the fact I had a minor accident, So if you've read those posts I apologise if you feel i'm repeating myself.

Now, accident that occured ( no witness for either party )
She mounted the curb to the left ( narrow residential road )
I was behind, she stopped and I proceeded forward assuming she had stopped, next thing I know, She swings out in an attempt to go into her drive on the right hand side, she 'had' to swanneck on the curb because of a car parked on the right next to her drive ( it is narrow, so understandable, although it's against law to do that. i think ).


I got a letter through, first line, from their insurance.
" We accept full responsibility on behalf of our client " and goes on about what to do from there and what they provide for me.

With hope and joy ,I ring and try to get it sorted, they then inform me that she hasn't accepted liability and they fobbed me off with " we can withdraw the acceptance statement " and that the letter I got was sent by mistake.

Angry, I rung my insurance and reported the accident and explained I hadn't reported it yet as was sorting it through them first and just got the letter that day, my insurance want a garage quote of damage and copy of the letter I got, fine, I'm doing that tomorrow as don't have scanner here.

I've got damage to the SIDE of the bike, indicating someone HIT me, as I can't go sidewards, my bike isn't a crab,
Also, the main thing that'll help I feel that i can't find out/dont know.
by law, is SHE responsible for making sure it's clear for her to proceed before moving out from the left to the right regardless of indicators on or not ( they weren't but she says otherwise )
I would assume she was, because if I pull out from ANYWHERE, I make sure it's clear ,it's just obvious thing to do and i was taught it.
If it comes under being her responsibility, then technically she pulled out on me without due care and surely can only be her fault?

Peeps i've spoken to bias family/friends and other mutual peeps from work etc, all say that letter is binding by law and i shouldn't of been 'fobbed' off, and one person said that mistakes happen with admin stuff and a court or anyone would just say " mistakes happen "

But surely something this serious as someones admission to liability can't just be 'fobbed off' as a mistake because she could've just said " no i dont admit it anymore " fine she can change her mind, but is there not a point to which you CAN'T? such as when I've gotten a letter saying they're taking responsibility?


Any advice/opinions?
tldr: no short for you > : (
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I ride a scoot, so what? >_>

[nickerbelly]

If they have sent a letter admitting liability then it's binding and cannot be retracted without them supplying new evidence to support the retraction so it should count heavily in your favour, with regard to your version of events - the crucial point is that she stopped!, if she had mounted the kerb in order to avoid the car outside her drive but carried on moving into her drive then you could have been held at fault, but because she stopped she was then obliged to carry out standard observation before moving off which she failed to do, that puts her at fault. I suspect she initially admitted everything to her insurance while still in shock from the incident, but now - someone is trying to get it rescinded to save them from having to pay out! - if it did go to court and she tried to bluff her way out then the judge would probably assess blame as 50:50 due to the lack of witnesses and the fact that in such situations,the law assumes both parties will lie to some extent in order to improve their positions.
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there is a fine line between madness and genius - I have a foot on each side!!

[Amnesty]

[snikks]

IMO (remembering IANAL) my first job if I started to feel like I was in danger of losing out in a situation like this would be to make sure the solicitor representing me was a solicitor with an expertise in motorcycles.

I would suspect that her changing her story all of a sudden would need to be taken into account, and should count in your favour to some extent - how much I don't know. People change their stories afterwards to improve their standing, but they also gradually remember details after events sometimes - both possibilities would have to be weighed up I'd guess.
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- CBT: 02/01/11 Theory: 26/04/11 Mod 1: 19/05/11 Mod 2: 19/08/11
- 2007 Honda XL125V Varadero (Sold), 1999 Yamaha FZS600 Fazer (Sold), 2001 CBR600F

[Amnesty]

[Frog]

Legally it's her responsibility to make sure the road in which she will move into is clear before she makes the manouver; I'd have thought a clear 100% her fault for this one*.

You might be considered somewhat to blame if it wasn't safe to move past her (if the gap was narrow/you didn't have a clear view of the road ahead etc.), but I believe her lack of check makes her liable.

* I am in no way legally qualified!

HTH
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CBT 23/09/10 - Theory 19/03/11 - Mod1 19/04/11 - Mod2 06/05/11
Bikes: CBF125 (sold 30/10/10-25/09/12) - CB400 24/06/11 (broken) - ER6-f 25/09/2012

[ocatoro]

as above, they admitted liability. end of story.


also just because someone is indicating, it doesn't mean they can crash into people without consequence. if they were on a motorway and swerved across lanes into another car, the fact their indicators were on wouldn't make a blind bit of difference. so yes, it is their responsibility to look.

you didn't go into the back of her, so you'll be fine if it goes to court. just stick to your guns, sense will come eventually.
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CBT - 17/09/12 * Theory - 23/10/12 * Mod1 - 05/03/13 * Mod2 - 25/03/13 * BOSH!
Current - None but shed project H100 (first bike )
Past - ER5, '93 ZZR600, '92 CB400 SF, ZZR600 (again), yellow Monster 620, Blackbird - black Monster 620ie - '96 ZZR600

[Raffles]

[Teflon-Mike]

I think you are clutching at straws here, that they said they would accept liability, and are now wheedling.

As you described it, you were following a car down narrow street; presumeably leaving decent lead-room, while traveling apropriately slowly.

She pulls over to left, without indicationg... fair enough HAZARD has just developed.... car puils up on kerb you DO NOT dive up the side of it in a narrow alley, becouse there is high chance driver will throw door open to get out......

So, in that period YOU should have been hanging back to ensuire hazard didn't evolve....

She didn't throw door open, she steered right, accross your bows to pull into a driveway......

WHAT the FUCK were you doing going into that constriction RIGHT at that moment?

Personally I see it as a 50/50 accident, possibly more your fault than hers.

You should not have gone into the hazard, RELYING on her doing what YOU think she should.....

Her changing story, insurance company issuing pre-emptive letter?!?!?

Well, effects your 'claim'.... and how much might get paid out either way...

But you are NOT entirely blame free here; you pushed your luck riding past parking car, now your chancing your luck hoping for a full pay-out, on a technicality.

Good luck with that...... but DO NOT for a moment think you didn't do anything wrong, and learn from YOUR mistake, not making sufficient allowance for other driver numptiness.
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My Webby'Tef's-tQ, loads of stuff about my bikes, my Land-Rovers, and the stuff I do with them!
Current Bikes:'Honda VF1000F' ;'CB750F2N' ;'CB125TD ( 6 3 of em!)'; 'Montesa Cota 248'. Learner FAQ's:= 'U want to Ride a Motorbike! Where Do U start?'

[TheBikerStig]

[colin1]

Maybe you could have avoided hitting her if you had anticipated potential daftness, but legally she is at fault.

I had something similar when I was more to blame than you, and I expected it to go 50 50 but it went all in my favour.
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colin1 is officially faster than god

[Amnesty]