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personal injury case, witnesses?

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hondakawasaki
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Joined: 03 Jan 2013
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PostPosted: 16:32 - 04 Mar 2014    Post subject: personal injury case, witnesses? Reply with quote

hi Very Happy

wondering if any one can shed some light on this for me Thumbs Up

so got took off my bike by a pissed driver in march 2012

my solicitor says theres still a dispute about liability they want a 50/50 split i told them no because the guy was pissed

my solicitor says the guy has 3 witnesses all saying i was in the wrong Sad and she says it doesn't matter that the guy was pissed and if it went to court the judge could decide in his favor

i have 2 witnesses and im wondering what i have to do?

do i give their details to my solicitor? do i get them to write out a statement and send that to my solicitor? will they have to go to court

could someone explain what i have to do its been almost 2 years now

thanks Smile
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Minty
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PostPosted: 16:33 - 04 Mar 2014    Post subject: Reply with quote

You have witness details but are unsure if you should give them to your solicitor?

Really?
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Raffles
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PostPosted: 16:40 - 04 Mar 2014    Post subject: Reply with quote

You shouldn't be asking us numpties for advice. You should be asking your solicitor. Also, why has it taken you nearly 2 years to realise that you have witnesses to support your claim?
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slowlydoesit
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PostPosted: 16:43 - 04 Mar 2014    Post subject: Re: personal injury case, witnesses? Reply with quote

hondakawasaki wrote:
my solicitor says theres still a dispute about liability they want a 50/50 split i told them no because the guy was pissed

Are you paying your solicitor or is he/she appointed by your insurer?
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DrSnoosnoo
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PostPosted: 16:47 - 04 Mar 2014    Post subject: Reply with quote

Surely, when pissed, you are no longer insured?

It's a pretty similar offence as riding an overpowered bike outside of what your licence allows.

If anybody was pissed driving, anything would be their fault, how can their memory of said event be used as a credible statement?
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Minty
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PostPosted: 16:50 - 04 Mar 2014    Post subject: Reply with quote

snoosnoo wrote:
Surely, when pissed, you are no longer insured?

It's a pretty similar offence as riding an overpowered bike outside of what your licence allows.

If anybody was pissed driving, anything would be their fault, how can their memory of said event be used as a credible statement?


Probably why his witness statements are being used as the probable version of events.

If only the OP had some witnesses too. I'd suspect that could very possibly have a bearing on the case.
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iooi
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PostPosted: 16:56 - 04 Mar 2014    Post subject: Reply with quote

So can we take it that the driver was banned for DD?

Did your 2 witnesses provide police statements?

Did his 3 also provide statements to the police?
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hondakawasaki
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PostPosted: 17:05 - 04 Mar 2014    Post subject: Reply with quote

i never realized there was any witnesses i got a letter today with there names on saying they are not responding to letters but i no the people so could get them to do what is needed but i haven't seen them since before the crash

i would ask my solicitor but it seems every time i phone her up shes never there or to busy to take my call they always say they will phone me back but rarely do

do i get them to write out a statement or what im unsure what to do?
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Minty
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PostPosted: 17:07 - 04 Mar 2014    Post subject: Reply with quote

You know the witnesses? In what capacity.

Keyword for witnesses and that is 'independent'.
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hondakawasaki
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PostPosted: 17:09 - 04 Mar 2014    Post subject: Reply with quote

iooi wrote:
So can we take it that the driver was banned for DD?

Did your 2 witnesses provide police statements?

Did his 3 also provide statements to the police?
yes he got banned for 3 years if i remember correctly, i do remember when the police came to the hospital they said he had witnesses but they were family so they could not be relied on

i am unsure if any of them gave a statement to the police
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P.
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PostPosted: 17:11 - 04 Mar 2014    Post subject: Reply with quote

I was a witness to a road rage incident that involved a mental bitch in a people carrier ramming a double glazing van.

Car driver got out ranting at this guy, despite chasing him through red lights and smashing into his van.

He had a joint on him, I was called to give me view of it, the guy who took my details came to thank me but told me the insurance claim for damage to her car went her way.

So... get your witnesses in, they may not even help but worth it.
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matto
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PostPosted: 17:11 - 04 Mar 2014    Post subject: Reply with quote

You got knocked off your bike by a drunk driver and it's taken two years to sort out the claim?

I think you need to firstly name and shame your solicitor and then get another one.
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iooi
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PostPosted: 17:13 - 04 Mar 2014    Post subject: Reply with quote

hondakawasaki wrote:
i never realized there was any

i no (know) the people so could get them to do what is needed

?


So you know the people, but did not know that they had seen the crash..... Confused

edited.

Given he has been prosecuted, I fail to see why they are even trying for 50/50....

Time for a new brief. Thumbs Up
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Last edited by iooi on 17:20 - 04 Mar 2014; edited 1 time in total
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hondakawasaki
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PostPosted: 17:16 - 04 Mar 2014    Post subject: Reply with quote

Minty wrote:
You know the witnesses? In what capacity.

Keyword for witnesses and that is 'independent'.
the witnesses are mother and son and the mother used to work in a local shop

im unsure what to do because if they are not replying to my solicitors letters then whats the point in giving there details they dont even live at the same address it happened right outside their house

can i get them to write a statement out and then send that to my solicitor
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Minty
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PostPosted: 17:18 - 04 Mar 2014    Post subject: Reply with quote

I'd suspect they'd need to do it directly to remove any accusations of impartiality. See if she is still about and explain the imortance of responding as drunk driver wants to blame you.
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1198
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PostPosted: 17:41 - 04 Mar 2014    Post subject: Reply with quote

I'd guess your 'solicitor' was appointed / recommended to you by your insurance or a claim handling company perhaps? Ditch them.
Get a firm in who specialises in bike injuries. You're being fobbed off!
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Fnatic
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PostPosted: 17:45 - 04 Mar 2014    Post subject: Reply with quote

snoosnoo wrote:
Surely, when pissed, you are no longer insured?

It's a pretty similar offence as riding an overpowered bike outside of what your licence allows.

If anybody was pissed driving, anything would be their fault, how can their memory of said event be used as a credible statement?


Have heard of this line being tried before with regard to a drink-driver at work. Basically, it went to court for the no insurance and the insurance company said that they'd have paid out anyway. Seems to be the common stance. I think it's to stop a backlash against innocent parties being stunted by insurers who have received premiums, then not paid out, drunk or not.
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Minty
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PostPosted: 17:48 - 04 Mar 2014    Post subject: Reply with quote

TPO always applies in such instances. Insurer would then welch on any aspect of their driver claiming, i.e fully comp and wanting the cost of his car being paid as well as the 3rd party.
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P.
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PostPosted: 17:49 - 04 Mar 2014    Post subject: Reply with quote

matto wrote:
You got knocked off your bike by a drunk driver and it's taken two years to sort out the claim?

I think you need to firstly name and shame your solicitor and then get another one.


Mine took nearly 3 years. Some just take time.
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Rogerborg
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Joined: 26 Oct 2010
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PostPosted: 19:53 - 04 Mar 2014    Post subject: Re: personal injury case, witnesses? Reply with quote

hondakawasaki wrote:
do i give their details to my solicitor?

OK.

hondakawasaki wrote:
i got a letter today with there names on saying they are not responding to letters

A letter from whom?

hondakawasaki wrote:
if they are not replying to my solicitors letters

Urgh.

Well, are they or aren't they?

Pretend for a second that we can't read your mind.
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