Advise on a claim :(

[donniemateno]

hi guys and girls

unfortunately i had an accident back in may and today a offer has been made by the 3rd party 80% my fault and 20% theres. I was hoping at worst for 50/50 but some witnesses have come out of the woodwork for him and the one i had has decided not to talk to either company...great! I would go on to argue why it should be 50/50 but i just want this off my back and get on with my life, i am well and no long lasting injuries and that means more to me.

anyway i am wondering if someone has had a similar experience and what will happen next? If i accept the 80/20 against me will I just have to pay my excess if i claim on my insurance? (400)

i only ask as my bike was a right off and I was given a cheque to buy another. I am hoping any money owed back to the other company will be paid by my insruance company and not me!! otherwise ive lost a bike , am 400 down and lose of income at work!
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[lihp]

If YOUR claim is on YOUR policy then you will have to pay the excess.

Got a link to first crash thread?
____________________
covent.gardens: lihp is my most favourite member ever

[donniemateno]

so i could just pay my excess but any moneys owing to the other company should be paid by my company and i shall look tomoz morning
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[Pol Anorl]

[Doovy]

After reading original crash thread; HOW did it come to this stage of 80/20 against you??

I would not accept the offer and use the legal service of a motorbike specific lawyer.
____________________
Yamaha RXS 100 > Honda CD 250 > Honda Hornet 600 > Honda CBR 600RR > Yamaha RXS 100 > Kawasaki ZX6R J2 > Yamaha FZ1

[h00dwink]

you need to get a solicitor that is not a dribbling retard straight away.
if it were 80/20 it should be in your favour not theirs.
chop chop get your act together and get someone decent in asap.
____________________
Sahf East Winnah 4LYF
https://bikepics.com/members/h00dwink/00sv650s/
www.youtube.com/h00dwink updated regularly

[Rogerborg]

Sorry, witnesses are key. It doesn't matter what you say happened, you're only a bloody biker, probably pulling a wheelie while dreaming about the kittens you were going to drown later.

Do you have contact details for the friendly witness? You've got nothing to lose by getting in touch and saying that you're being stitched up, and would really appreciate them giving their version of events. This is why insurance costs are so high, we stand together or fall alone, fight them on the beaches.

Best of luck.
____________________
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

[G]

What are the witnesses saying?

I'd be suggesting that if they settle it entirely in your favour, you won't push for their first daughter/wife/etc to give you a blow job or two along with the deal .

[Vincent]

Blimey What lawyer did you use? Shister & Shister?
____________________
Space Is Deep

[donniemateno]

thanks for the replies

im currently with h&r insurance. And apparently im also accused of saying to the third party straight after the accident its my fault i pulled off a dangerous monovour. i of course didnt ...i said are you ok to him...he said yea..and nothing to me

can i ask for the witness statements? the person dealing with my claim says they have 3 witnesses but no statements but would only put them forward if it was in their favour. I have the one the policemen got for me... who isnt talking to anyone. I could try and fish her details out
____________________
Current bike: Honda CBR 600 F3
Previous bikes: Honda XR 125L5 , BMW 800 ST, Honda CB500

[suzukiGN125]

I have just dealt with a claim as well, and I was told I had admitted liability aswell, after arguing up a shit storm with the companies they eventually decided they couldn't back it up or something. I wouldn't accept the 80/20 liability, as posted on the original thread it isn't legally your fault (from what we know). just point out the points made on the other thread, like flashing another car doesn't mean you are giving way, according to the highway code. etc. keep arguing for 100% 3rd party liability. good luck mate

[Vincent]