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Eldoctordub |
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Eldoctordub L Plate Warrior
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arry |
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arry Super Spammer
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Jewlio Rides Again LLB |
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Jewlio Rides Again LLB World Chat Champion
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Eldoctordub |
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Eldoctordub L Plate Warrior
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Jewlio Rides Again LLB |
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Jewlio Rides Again LLB World Chat Champion
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Rogerborg |
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Rogerborg nimbA
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M.C |
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M.C Super Spammer
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Eldoctordub |
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Eldoctordub L Plate Warrior
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Posted: 23:39 - 14 Nov 2017 Post subject: |
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[quote="Jewlio Rides Again LLB"]It isn't that they're not liable as such, it's that you are still liable to an extent.
https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2013/262.html&query=Paramasivan&method=boolean[/quote]
Hi
Interesting read. Essentially it's down to the specifics of the event and each incident is different. Unlike the case you quote, whereby there was some discussion as to whether the car driver should have seen the boys at the side of the road, in my case this woman ran out from in front of a lorry which completely obscured her from view. The first I knew was when she was about 6 feet in front of me, right in my path. Her stopping like the proverbial rabbit in the headlights didn't help either.
It seems it's all down to apportioning blame and frankly I'd rather an insurance company pays for 50% of the repairs to my bike instead of me coughing up the whole lot. Mind you, I'll end up paying the whole bill eventually when they bump up next year's premium. Insurance, eh: it's a legal requirement and not a solution if you need help.
As for filtering: if you can't filter, what's the point of having a bike for commuting?
Also, because she was a pedestrian should I be contacting my insurer at all? Surely this is a matter for a solicitor?
Thanks
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Rogerborg |
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Rogerborg nimbA
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arry |
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arry Super Spammer
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UnknownStuntm... |
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UnknownStuntm... World Chat Champion
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Monkeypony |
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Monkeypony World Chat Champion
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Posted: 12:48 - 15 Nov 2017 Post subject: |
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Assuming you're fully comp and NCB protected...
If the damage to your bike will cost you less than a few hundred quid, fix it yourself and move on. Won't be worth the additional cost of declaring an at fault accident for the next 5 years.
If more than a few hundred quid, claim for the repair from your insurance and move on.
If fully comp but not NCB protected, you'll have a slightly more difficult decision to make.
If not fully comp...
You can try to get money from ped lemming, but you will most likely lose. Fix it yourself and move on.
Either way, you're going to be out of pocket, so suck it up, and move on. And maybe learn from it and adjust your riding slightly, or not. ____________________ Current bike - 2018 H2-SX, 2004 SV1000s, 2016 Aprilia RSV4 RF, 2017 Sherco SERF 300, 2003 Suzuki DRZ400 (stolen - AY53 JUU) |
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Orennayar |
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Orennayar Scooby Slapper
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T.C |
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T.C World Chat Champion
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Rogerborg |
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Rogerborg nimbA
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Old Thread Alert!
The last post was made 6 years, 161 days ago. Instead of replying here, would creating a new thread be more useful? |
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