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| chris-red |
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chris-red
Have you considered a TDM?
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| Wozza |
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Wozza
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| stinkwheel |
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stinkwheel
Bovine Proctologist
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 Posted: 13:16 - 10 Mar 2009  Post subject: |
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I personally would call their bluff. There again, I could stand to pay the £4k if it didn't work.
If the accident went as you described and the damage confirms this, I can't see how there can be any real argument to the contrary.
10:1 they cave before it gets to court.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| Itchy |
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Itchy
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| Posted: 13:25 - 10 Mar 2009 Post subject: |
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I'd probably take them to court , but again I can also stand the 4K court costs (it would hurt , but I don't have the option of going bankrupt either).
In any case I would probably write down a list of defences he will attempt to use to shift blame for them and how you can demolish each of these excuses/defences to guage your odds.
I wouldn't put any odds on it because courts are so crazy and make all sorts of crazy judgements.
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching. |
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| Kal |
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Kal
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| arry |
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arry
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| chris-red |
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chris-red
Have you considered a TDM?
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| Posted: 01:33 - 11 Mar 2009 Post subject: |
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| arry wrote: | Just a point to the wise - you're actually getting screwed by the courts and the TP who's lied about who's fault it is rather than your Insurers. Insurers will invariably take 50/50 on roundabout accidents as that's exactly how they end up in court.
There's no point in taking a roundabout accident to court with no chance of winning because then all it does is increase costs which both insurers have to pay, and thus therefore increase the respective subsequent premiums of both parties to account for the increase in costs (and a load on everyone else's of course)
It's incredibly frustrating as it's just so difficult to get blame to stick to either party in these sorts of incidents, no matter how cut and dried it seems from the outset |
This is basically what they have said to me, my legal insurance was done through a company called BLD who gave me a hire bike then look to recoup the cost from the 3rd party. There happy with getting 50% of the hire therefore would not fund the case to court if I lost. I can stand to loose 4k but I don't see it as worth it, it's simple Deal or no deal. Top Box is £2000, lowest is -£4k bankers offered me £1k. It would be simple luck with regards to how the case went at court. Somehow I can't see a 6'5" 21 year old biker beating a 80+ year old little old man on the witness stand, I would be predjustice from the start. The solicitor said it's likely that in a bike case on a roundabout with no witnesses the judge will go knock for knock and then 3rd party will put in a request that we cover legal fees as they offered 50/50 before the court date.
On a plus note, I spoke to the storage dept to find out what they do to the bike to look after them, the bird said we lube the chain. She also told me the battery was knackered when they recieved it, I told her this was crap as it was a year old bike that was being used daily when I crashed. So apprantly for the last 18 months my bike has had it's chain lubed and nothing else done to it. I asked her to see if it turns over see went away and said yep it's just started! For 18months the bike has sat and she started up first time without even charging the battery. My girl wants to come home 
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything. |
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| njd27 |
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njd27
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| Reppyboyo |
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Reppyboyo
Nearly there...
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| Andy C |
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Andy C
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| colin1 |
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colin1
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| ncrn |
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ncrn
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| arry |
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arry
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| stinkwheel |
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stinkwheel
Bovine Proctologist
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| Posted: 01:54 - 12 Mar 2009 Post subject: |
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| arry wrote: |
As above, his insurers are playing at not costing themselves £4k in court costs to decide a decision that the outcome is inevitable on - it WILL go 50/50 if it goes to court, so it is written, so it shall be - this is nothing but the insurers being sensible and practical about their prospects of actually winning a case should it go to court.
Might be clear to you and I whose fault it is - tell that to the Judge. |
arry, could you tell us on what basis you "know" this. Do you have any direct experience on vehicle accident claims?
You are being very definate on this point but I personally know at least one person who was t-boned on a roundabout where it went to court and was found 100% in his favour (the left side impact damage on his vehicle and the frontal damage on the other parties vehicle making the sequence of events pretty clear-cut).
Frankly, it smacks to me of the insurers looking for an excuse to bump both peoples premiums, screw their NCB and get an excess out of both parties. They do this to both parties, they land up quids in. Only do it to one and they probably make a loss on the deal. If there is one thing insurance companies hate, it is being left out of pocket.
I am a deeply cynical person and would even go so far as to suggest that the legal representetives of both parties might conspire to give a less than convincing argument in court to ensure a 50:50 outcome. It is in their interests for this to happen.
Far too much 50:50 crap going on these days and I think insurance companies take too much upon themselves whern it comes to apportioning blame.
It would almost be worth taking out a case in the small claims court against the other driver for the damages. Cut them out of the equation altogether. There is no requirement to do it through the insurance companies, he damaged your property, he ought to pay.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| daemonoid |
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daemonoid
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| Posted: 11:36 - 12 Mar 2009 Post subject: |
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"Chris gets fucked in the Arse my insurers." - much as i hate people talking about themselves in the third person, the least you could do once you'd started was to keep it up for a whole sentence!
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binge
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| chris-red |
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chris-red
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| Kal |
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Kal
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| arry |
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arry
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| Posted: 13:03 - 12 Mar 2009 Post subject: |
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| stinkwheel wrote: |
arry, could you tell us on what basis you "know" this. Do you have any direct experience on vehicle accident claims?
You are being very definate on this point but I personally know at least one person who was t-boned on a roundabout where it went to court and was found 100% in his favour (the left side impact damage on his vehicle and the frontal damage on the other parties vehicle making the sequence of events pretty clear-cut).
Frankly, it smacks to me of the insurers looking for an excuse to bump both peoples premiums, screw their NCB and get an excess out of both parties. They do this to both parties, they land up quids in. Only do it to one and they probably make a loss on the deal. If there is one thing insurance companies hate, it is being left out of pocket.
I am a deeply cynical person and would even go so far as to suggest that the legal representetives of both parties might conspire to give a less than convincing argument in court to ensure a 50:50 outcome. It is in their interests for this to happen.
Far too much 50:50 crap going on these days and I think insurance companies take too much upon themselves whern it comes to apportioning blame.
It would almost be worth taking out a case in the small claims court against the other driver for the damages. Cut them out of the equation altogether. There is no requirement to do it through the insurance companies, he damaged your property, he ought to pay. |
Yes, I do have both personal experience of roundabout claims and a fair chunk (over 5 years worth) of experience of them from the Insurer's POV. You see a few in that time, believe me.
"Know" this - yes, you're right maybe I am being a little generic, there is the off chance that it'll go in the favour of one or the other but then it's an outside bet in my extensive experience.
You can look at it in the cynical fashion above, which is your right to do so, or you could swing it round the other way by saying that Insurers - by making the right decisions and not dragging small claims through lengthy court debates racking up costs - are actually doing motorists a favour by keeping average claims costs down.
For the record, the excess of circa £100 on most motor policies isn't exactly the end of the world for insurers - and by deleting both NCD's (on an 80 year old guy - what's he paying, £120? Bike insurance about the same?) tots up to the sum total of dick all if we're honest - certainly no-where near £4k worth of fees EACH to get the same result as what was expected to get.
I have seen claimants push on with going to court without the insurer's backing, have seen one win too - so yes you're right to correct me when I say I "know". But just to reiterate, it's a rarity.
In this particular case, 80 year old bloke against young biker - as said above, the judge will almost certainly favour the 80 year old who was already on the roundabout and travelling in accordance with the highway code when this youngster comes tearing onto the roundabout at speed........ You see the point. |
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stinkwheel
Bovine Proctologist
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| chris-red |
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chris-red
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arry
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| twostroketit |
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twostroketit
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| chris-red |
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chris-red
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| twostroketit |
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twostroketit
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| Posted: 17:42 - 12 Mar 2009 Post subject: |
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Fair point,magistates are a law unto themselves,middle englands "finest.  "
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Old Thread Alert!
The last post was made 17 years, 158 days ago. Instead of replying here, would creating a new thread be more useful? |
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