part 36 offer

[hondakawasaki]

hello all

i received a part 36 offer for my compensation claim the other day

i was supposed to have another medical because the first one was to early my solicitor doesn't no if its an acceptable offer because of this

should i turn the offer down? don't want to end up paying court costs

anyone else ever had a part 36 offer? did you accept or decline the offer did the case end up going to court?

the offer seemed a little low

was took off my bike in march 2012 by a drunk driver liability is still being disputed for some reason

i ended up with a fractured hip socket and a dislocated leg basically my leg smashed through the back of my hip socket i now have a metal plate and 7 screws in my hip

i have daily pain in my hip and im not able to work at the jobs i did before the accident im currently working with jobcenter on a career change

thanks for reading

[MC]

I have just received a part 36 offer myself, and yes I'm worried about court costs, but still not willing to accept any liability (75/25 was being offered) so I've turned it down.

WTF is liability being disputed if the other party was drunk?

What was the offer?
____________________
Yamaha MT-03 '08 (crashed)
Honda XR-125L '04

[smegballs]

[hondakawasaki]

the offer was for 25 grand

i have no idea why liability is still being disputed the guy was arrested at the scene of the crash and received a ban

but it did happen outside his dads house and he has 3 - 4 witnesses so my solicitor says

i got offered 50/50 liability but turned that down

what happens when the case goes to court do i have to go to court?

seems like they're trying to pin the blame on me for some reason

[MC]

Are the witnesses all his dads mates then?

Just my opinion, he was drunk, therefore shouldn't have been on the road. Get some advice from citizens advice, try & find evidence of any drunk drivers having won an insurance claim (I'd be amazed if they have).

More opinion; insurance companies are wankers, they'll try and minimise the payout on claims they know they're going to lose. I believe that's what's going on with mine atm.
____________________
Yamaha MT-03 '08 (crashed)
Honda XR-125L '04

[j.silvs]

I had a part 36 offer with my big accident.

Declined and went for a mediation and got more than 5 times the offer.

[hondakawasaki]

i'm not sure if they are his dads mates

i remember the traffic cop in the hospital saying something about his witnesses but it was that long ago and i was that drugged up i cant remember what he said

also what is a mediation? i have to speak with a barrister in a couple of weeks about the offer just hope i don't get s**t on

thanks for the comments guys

[Oz.]

No idea how old you are but 25 grand for an incident that resulted in you having to be permanently pinned together with metal and a having to consider career change is a bit of a piss take before even taking into consideration the guy was drunk.

[gavbriggs]

Fight them all the way, the insurance companies don't want to pay out and your insurance won't want to push it too far.

The law states that you commit an offence if you are over a certain limit. The law states that you should not drive with excess alcohol in your system. If he has caused the accident then he is fully liable. The drink drive further compounds the fact that he could be to blame and is unreliable.

Why are they stating that you should accept 50% blame! they must have something to go on?

What were the circumstances of the crash? I won a case that the insurance for the other party wanted me to accept 25% blame. I was in Wales and turning right into a layby when someone overtook me, witnessed by 3 coppers I thought it was going to be clean cut.

Insurance sent me some case law from 1986 where a similar accident happened at traffic lights and they was judged to have been 25% liable. However, I wasn't about to accept any blame as I was simply turning into a layby perfectly legally and correct. The other chap was rushing so he didn't miss his ferry. I explained that the Highway Code says you must not overtake if there is a junction on either side!

There was a junction slightly before the layby on the left and obviously the layby on the right. I penned a response to my solicitor who duly corrected spelling errors and juggled a few words around. The next letter was them admitting full liability!

Accident solicitors work for insurers! Keep at them and give them all the ammo they need!
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Recent bikes: Varadero 125 - Mod 2 3/2/14 - Bandit 1200 SK4

[j.silvs]

A mediation is where you will sit down with your side, other side in another room and thrash it out. Gives you a say

I had my accident in 2004 and first part 36 offer was £20k. I was 17 so they thought I would jump at it.

I decided to wait it out. It took 8 years but I got more than 10x the amount.

However, my solicitors were excellent and advised me the whole way through. I spoke to them weekly and sometimes daily on emails.

I got offered more in the mediation than what my solicitor thought was possible at court.

Sounds like they are not advising you well. You can always change solicitor

I never got the vibe that my insurance company didn't want to push it. At one point my solicitor said we will wait another 8 years if needed if this mediation doesn't to well.

[j.silvs]

.... About paying court costs.

Have your solicitors not informed you of cover such as this?:

https://www.part36insurance.co.uk

Insurance to cover shortfall or costs

[hondakawasaki]

so turns out it wasn't a part 36 offer don't know why i got a letter saying it was,
my solicitor said she contacted the other sides insurance and the offer was a without prejudice offer

my solicitor and a barrister told me not to accept the offer because the medical evidence needs to be finalised
and could not say if it was a good offer but could not say how much i could get

my solicitor also said i could get more but could not guarantee it
but could also not beat the offer and end up with less

so now i'm sat here thinking maby its a good idea to take the offer

the barrister also says that liability is more likely to be around 75/25 but could be as low as 60/40
he sent me some old cases similar to mine but without a drunk driver that all had a 50/50 liability split

[drzsta]

How did the accident happen? Why do similar cases go 50/50?

[MC]

[hondakawasaki]

[MC]

So how the f**k is that your fault, in anyway shape or form? He indicated left to pull in then suddenly turned right? And he was f**king drunk? How has this case not been settled and what are the witnesses saying?
____________________
Yamaha MT-03 '08 (crashed)
Honda XR-125L '04

[hondakawasaki]

well from what the letter says his only witness is his dad who was in his house directly across the road on the right in the picture
all it says is he seen me from in his house overtake the car and he never saw the car indicating

my witness is basically saying the same as what i said

they never even paid me for the damage to my bike just under £200
infact i haven't been paid anything since my accident
although my solicitor said she can get me an interim payment of a few thousand but i think she said that because i told her i want to take the offer

i told my solicitor the other day that i want to take the offer
i got a letter to sign saying i want to accept the offer going against her advice

i haven't signed it yet i also have a few forms to fill in to continue my case

[MC]

Again just my opinion, no way would I take that offer. You have an extremely strong case, the witness being a relative pretty much makes him inadmissible. I'd want more than 25k, but it depends how they categorise the injury. From a quick google 25k could be towards the top end of one category or below the bottom of another. If you've been advised not to take it I wouldn't go against that.
____________________
Yamaha MT-03 '08 (crashed)
Honda XR-125L '04

[pinkyfloyd]

[pinkyfloyd]

[diesel dog]

You'd be mad to take the offer.

Wait until your next medical and then ask your Solicitor what value they are putting on the claim. The other side will try to tempt you in taking a pi55 poor amount to settle. Don't cave it as it's money your are entitled to for the idiot that caused it.

Stick to your guns. Your young and when you do get problems later on in life with the effects from the accident, you'll be glad you held out for a decent amount that'll rightly put your lifestyle AND health somewhere it needs to be ...

As for his Dad been a witness. I'm surprised he hasn't asked Hansel and Gretal to make a statement as well. If his Dad was that much on the ball, he wouldn't of let his son drive pi55ed!

[Rogerborg]

I wouldn't be 100% confident in being held blameless[*], but I'm 100% sure that I wouldn't take that offer under those circumstances.

[*]

[woo]

reason they are disputing liability is that you confessed to breaking the law by admiting your speed was between 30 & 35 mph, your statement should have said 30mph, you do realise its not common to be charged but admiting to doing a speed of just 31mph is an offence and can land you in court.

had you just said 30mph the otherside would have no leg to stand on

Do not accpet the offer and i say this all the time if you are unhappy with your solictors contact rider support services for even a friendly chat on 0203 627 7967 https://www.ridersupport.co.uk/

these guys were recommended to be by fellow bcf'ers back in 2005 and i have used them many times, they also deal with car incidents as they did with my girls twice
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Elen sila lummen omentielvo!

[Ste]

[hondakawasaki]