ZX6r crash and insurance/solicitors shenanigans *Update*

[prizefighter]

Greetings BCF!

Back in March I was knocked off my ZX6 on the way to work. While sensibly filtering through stationary/very slow moving traffic on a dual carriageway, a VW Caddy decided to make a dash for a gap and knocked me clean off. The bike lowsided and knackered the whole right side (top and side fairing cracked, exhaust, forks, pegs scuffed - probably totals up to a write-off as its a 13 year old bike), my gear was shredded enough to be un-useable, even snapped my specs inside my helmet. My body came off pretty well though fortunately, just some severe bruising where I took his mirror off and aching all over for a few days.
The van was a hire van being driven as a company vehicle and the only damage to it was the wing mirror removed, smashed indicator and a few dents and scratches.
Fortunately I was being followed by another biker who was kind enough to stop and supply her details as a witness. Her witness statement stated that the van driver was 100% at fault for the collision.

Now here come the issue...

My 'specialist motorcycle solicitors' has informed me that the third partys insurance would like to split the liability 50/50 'due to me weaving in and out of lanes and that I should have been alert to vehicles changing lanes'. This is despite the fact the the witness and I have quoted the driver as saying "I just didn't see you, mate".

The solicitors has given me three options:

1. Accept 50/50

2. Counter offer 75/25 and then accept 50/50 if the other side don't go for the counter offer.

3. neither accept nor reject the offer at this time

What sort of options are these? I'm unwilling to accept any responsibility as the van driver didn't indicate, look in his mirrors, apologise etc.
Has anyone else been in this situation before? As far as I'm concerened it's a pretty open and shut case, so why haven't I got the option to deny all liability?
What are the potential future repercussions of accepting 25% liability?
As its 'no win, no fee', what would happen if I was to change solicitors at this stage to someone who actually wants to fight for me?

Update 11/09/2013

Well I received the following message from the officer dealing with the incident after I reported it. Email sent to me goes:

[Marmalade]

Get a proper specialist not a car driver who sees filtering as weaving in and out the lanes.
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Nobby the Bastard: How yo tell the difference between the actual japanese and her just screaming because she's had live fish stuck up her arse? [url=https://www.nicks-shop.co.uk/bcf-goodies-15-c.aspGet BCF stickers and things here[/url] Reflective helmet stickers - Legal requirement in france - Clicky

[anthony_r6]

I got shafted in a very similar fashion. I ended up hitting 3 vehicles because one car pulled into the gap I was about to enter whilst going around a Taxi that had pulled up in the lane.

I wish I'd gotten someone with knowledge on the subject. Lumbered with a 24k claim on my record now.
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Ted : "Maybe he's agoraphobic."
Dougal : "Jack scared of fighting? I don't think so, Ted."

[prizefighter]

[Marmalade]

[Turkish]

[prizefighter]

[DrSnoosnoo]

Agreed with the earlier posts, this company are just trying to get you to settle or 50:50 because they'll get their fee regardless and onto the next poor sucker. Tell them what you want or tell them you'll take it to somebody who can be ar$ed
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I'm Sam; Northern, Ginger, Lover
Did have: '95 ZZR600 '83 CG125 '97 ZZR1100 '15 Hypermotard 821 SP Do Have: '10 ZX10R

[P.]

I would give these guys a try, explain to your current ones you are unhappy with their prejudice towards bikers given that filtering is perfectly legal and cars should be aware of filtering bikes so as such you are passing it on to another firm.

https://www.mc-ams.co.uk

Helped me out a few times, decent service too.

[bren_9311]

To quote there site


'If you are unhappy with your current solicitor, change

You cannot be forced to use a particular solicitor, changing is easy and we'll take you through it step-by-step'
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My opinion is neither copyrighted nor trademarked. If you like, I'll trade for one of yours.
Currently bikeless.
Ps4- bren_9311

[Sako]

Have to agree with those telling you to change solicitor, don't think your current one has your best interests in mind.

[woo]

contact rider support services always helped me and sorted my issues and on 02082464900 https://www.ridersupport.com/

they were recommended to me by people on this forum back in 2005 and i have only ever used them to deal with my claim
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Elen sila lummen omentielvo!

[Golgarth]

didn't someone post recently the case that set the legal president that filtering IS legal and should a car come across the car is 100% at fault?

find it and pass it onto them

[prizefighter]

thanks for the advice folks.

There is quite a lot of relevant case law that I've come across but my solicitor gave me three examples;

Hillman v Tompkins (1995)

Pell v Moseley (2003)

Farley v Buckley (2007)

I believe that these have been included to show worst case scenarios but for Hillman v Tompkins he has commented "the facts of this case are somewhat different to yours; however I am of the opinion that a Judge at trial will apply similar principles on assessing your case."

I'm not sure if he is aware of Davis v Schrogin (2006) but this is a positive outcome case that I should probably have been made aware of.

In the latest correspondence there is also a mention of "as part of your contract of insurance you must follow my advice on an offer to settle and I am obliged to report any offer to the insurers, along with advice to them as to whether or not you are unreasonably rejecting it".

I am also under a time limit to choose an option. I'm assuming that by choosing option 3 (neither accept or decline) this will push the case forward to trial.

[P.]

[prizefighter]

[Notj7]

No. Change your solicitor. Screw what they say, they only want your money. Get a good one, go do it NOW.
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Left the forum.

[P.]

I had a clear cut case last 3 years, no one ever imposed time limits. I'd speak with McAms and explain the situation, your current ones are being cheesy dongs

[Pie-Roe]

I think they have a certain amount of time to reply and then it gets progressed to court if the parties cannot agree.

I'm sure you will end up having to take some liability, just from hearing how similar cases go.
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[Rogerborg]

Who is making the claim that you were "weaving in and out of lanes"?

Presumably even the dimmest paralegal could spot that if it's the van driver saying it, then he's admitting to having seen you - but then making the move anyway.

So is there another witness?

And what's your definition of "sensible filtering"?
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[prizefighter]

[Marmalade]

So, as Mr Borg has pointed out The van driver saw you weaving in and out of lanes and then proceeded to drive into you?

Or did he not see you and pull out because he didn't look properly? In this case he couldn't have seen you weaving anywhere.

It really is that simple.
____________________
Nobby the Bastard: How yo tell the difference between the actual japanese and her just screaming because she's had live fish stuck up her arse? [url=https://www.nicks-shop.co.uk/bcf-goodies-15-c.aspGet BCF stickers and things here[/url] Reflective helmet stickers - Legal requirement in france - Clicky

[Rogerborg]

[prizefighter]

Well I received the following message from the officer dealing with the incident after I reported it. Email sent to me goes:

[janner_10]

I would call your solicitor at White Dalton and speak to him and gauge his opinion of the case. I used them for mine and found them really good.

The van guy will concoct all sorts of shit to get out of accepting blame, if you firmly believe you are 100% not at fault then stick to your guns and make that absolutely clear.

I found with my case that everything was going to to court, I never backed down or accepted anything less than 100% third party liability. About a week before the hearing, his insurance company paid out everything I was owed plus compo for my broken arm/damaged gear etc.

Best of luck with. The whole process takes bloody ages and can be extremely frustrating.
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Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1