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romperstomper...
Trackday Trickster



Joined: 14 Jan 2005
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PostPosted: 17:09 - 28 Sep 2005    Post subject: get a witness Reply with quote

just got a letter back from the police regarding a car trying to knock me off my bike because I got in front of him ,he hit me from behind and to the right of my bike snapping the foot peg off and exhaust damage ,then refused to stop and lost me in a pursuit !

"A decision has been made to take no further action",due to lack of evidence !

I do now have his name and address maybe I could run him over as long as he has no witness I should be fine Twisted Evil

I shall pay him a visit this evening and give him the opportunity to cough up the £300 bike damage before I rise in anger !

Probably be a waist of time pursing through my fully comp insurance against him ,what do you guy's think ?
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Mr.Everready
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PostPosted: 17:13 - 28 Sep 2005    Post subject: Reply with quote

If the police have no evidence, unless he admits liability which I doubt you don't have a leg to stand on.

Have you went through the insurance already ?
For a £300 claim you'll end up paying that yourself because of the excess anyway.
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Last edited by Mr.Everready on 17:14 - 28 Sep 2005; edited 1 time in total
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killa
Won't Shut Up



Joined: 18 Oct 2004
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PostPosted: 17:13 - 28 Sep 2005    Post subject: Reply with quote

No idea how you got the info, not many people do.

Your lucky, go pan his face in.
I was going to threaten the pensioner that hit me off at her home (a mates aunty), I told the police and they helped out.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 17:16 - 28 Sep 2005    Post subject: Reply with quote

Find out if he wants to pay for it privately or if he wants his insurance to pay for it.

Whatever you do you will be fine, apart from the fact he'll have your name and address, his mates could well be bigger than yours and he might also have the tactical advantage of having a brain...
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Walloper
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Joined: 24 Feb 2005
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PostPosted: 17:16 - 28 Sep 2005    Post subject: Reply with quote

Through insurance he is solid.
By law, he is not obliged to report the incident to his insurers so they have no record to refer to. Only option is through courts but then you need witness.
B4stard.
Been there.
Violence works if subtle.
Pop two or three of his lights and two tyres on the car. He can't use it till it's fixed BY LAW and it might cost £300 to fix.
Do not contact him and you may need to wait till the dust settles.
Or just knock his back door where nobody can see you and malkie him.
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map
Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 17:17 - 28 Sep 2005    Post subject: Reply with quote

Worth taking some advice and giving thought to a civil claim?
The burden of proof for civil action is less than the full legal one.

Small claims is fairly easy to go through - info.

Of course the decision is yours.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 17:17 - 28 Sep 2005    Post subject: Reply with quote

Mr.Everready wrote:
If the police have no evidence, unless he admits liability which I doubt you don't have a leg to stand on.

Have you went through the insurance already ?
For a £300 claim you'll end up paying that yourself because of the excess anyway.

Ermmm how's that one work? Confused It's his insurance who have to admit liability, not him. And if he's claiming off someone elses insurance then he wouldn't have any excess to pay.
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Mr.Everready
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Joined: 28 Mar 2003
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PostPosted: 17:21 - 28 Sep 2005    Post subject: Reply with quote

But if the other paty doesn't admit liability and he goes through his own insurance then romper will have to [pay his own excess, no ?
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Walloper
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PostPosted: 17:26 - 28 Sep 2005    Post subject: Reply with quote

As I said before;
Insurance rules are transparent on this.
It's a NO CLAIM bonus scheme not NO BLAME.
The next years renewal premium would be loaded due to the claim. Unless of course you can recover your excess from the offending party but, if he doesn't accept blame, then you're skunked.
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Mr.Everready
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PostPosted: 17:28 - 28 Sep 2005    Post subject: Reply with quote

That is what I am saying. Razz
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Walloper
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PostPosted: 17:41 - 28 Sep 2005    Post subject: Reply with quote

Mr.Everready wrote:
That is what I am saying. Razz

Some things/gentlefolks need more detail on this forum Laughing
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romperstomper...
Trackday Trickster



Joined: 14 Jan 2005
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PostPosted: 18:06 - 28 Sep 2005    Post subject: Reply with quote

killa wrote:
No idea how you got the info, not many people do.

Your lucky, go pan his face in.
I was going to threaten the pensioner that hit me off at her home (a mates aunty), I told the police and they helped out.


if you write to the cops they have to give it to you so you can make a claim !
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Walloper
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PostPosted: 18:15 - 28 Sep 2005    Post subject: Reply with quote

romperstomper1 wrote:
killa wrote:
No idea how you got the info, not many people do.

Your lucky, go pan his face in.
I was going to threaten the pensioner that hit me off at her home (a mates aunty), I told the police and they helped out.


if you write to the cops they have to give it to you so you can make a claim !

Good info Thumbs Up
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romperstomper...
Trackday Trickster



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PostPosted: 18:27 - 28 Sep 2005    Post subject: Reply with quote

Ste wrote:
Find out if he wants to pay for it privately or if he wants his insurance to pay for it.

Whatever you do you will be fine, apart from the fact he'll have your name and address, his mates could well be bigger than yours and he might also have the tactical advantage of having a brain...


he has Not got my address as he has no reason to have it !
I don't need mates to sort him out !
perhaps you have the disadvantage of a functioning brain Middle Finger
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Mrs Kickstart
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Joined: 06 Apr 2004
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PostPosted: 18:40 - 28 Sep 2005    Post subject: Reply with quote

Hi,

You can take him to the small claims court where the burden of proof is not as high. It' s not expensive to do, and when you go and get the forums they will give you all the information your need.

You do need to start by sending him a recorded delivery letter stating how much money you want and why and stating if you do not receive payment in 28 days you will go to court.

As an aside you dont claim of third party's insurance you claim of the third party who can ask their insurance to act for them.

(ie he can send the letter you sent to him to his insurance)

Regards

C
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 18:45 - 28 Sep 2005    Post subject: Reply with quote

When are you able to take someone to the small claims court rather than claiming from their insurance? Confused
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 18:52 - 28 Sep 2005    Post subject: Reply with quote

Ste wrote:
When are you able to take someone to the small claims court rather than claiming from their insurance? Confused


Any time at all. In an accident you are not claiming from their insurance company, you are claiming from the other party. The insurance company might well act on their behalf (to try and minimise the losses), but it is still the other driver you are claiming against and who you would take to court.

All the best

Keith
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romperstomper...
Trackday Trickster



Joined: 14 Jan 2005
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PostPosted: 18:55 - 28 Sep 2005    Post subject: Reply with quote

Mrs Kickstart wrote:
Hi,

You can take him to the small claims court where the burden of proof is not as high. It' s not expensive to do, and when you go and get the forums they will give you all the information your need.

You do need to start by sending him a recorded delivery letter stating how much money you want and why and stating if you do not receive payment in 28 days you will go to court.

As an aside you dont claim of third party's insurance you claim of the third party who can ask their insurance to act for them.

(ie he can send the letter you sent to him to his insurance)

Regards

C


thanks I may well do that Thumbs Up
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Ste
Not Work Safe



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PostPosted: 19:00 - 28 Sep 2005    Post subject: Reply with quote

Sorry, I worded that badly. I was meaning when (and why) would you take someone straight to the small claims court rather than trying to settle it with their insurance company out of court?
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 19:03 - 28 Sep 2005    Post subject: Reply with quote

Hi

If they are not insured, if they are a pain and you want to wind them up, if their insurance company will not deal with it (ie, deny liability), etc.

All the best

Keith
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Rookie
World Chat Champion



Joined: 09 Feb 2005
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PostPosted: 21:31 - 28 Sep 2005    Post subject: Reply with quote

You're looking at paying £30 for a £300 claim, and it probably won't go to court but will be settled by a mediator. If you can't come to a decision there it will go to court.

It's an alright route to go in my opinion but I had rock hard proof. In your case I think you will find it hard to get anywhere, as it simply word against word, there's nothing to prove you weren't at fault. Proof is definitely still a burden in SCC, I didn't even consider taking action until I got hold of the original invoice where the bike I bought had first been purchased, and it proved essential in my settlement.
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romperstomper...
Trackday Trickster



Joined: 14 Jan 2005
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PostPosted: 00:23 - 29 Sep 2005    Post subject: Reply with quote

Rookie_biker wrote:
there's nothing to prove you weren't at fault. .


Well the fact that he hit me from behind is proof that it was not my fault ,but the wanker is denying it ever happend !

Paid him a visit this evening ,he spoke to me form an upstairs window refused to come to the door ,what a wimp Thumbs Down
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Rookie
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PostPosted: 00:26 - 29 Sep 2005    Post subject: Reply with quote

Laughing Well that must have been worth the visit, purely for the comedy value.

But I still don't think you have a massive chance of winning in court. Even though you were hit from behind, who's to say it wasn't your fault, ie coming out from a side road, whatever. The sad fact is that people who leave the scene very often get away with it.
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romperstomper...
Trackday Trickster



Joined: 14 Jan 2005
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PostPosted: 01:00 - 29 Sep 2005    Post subject: Reply with quote

Rookie_biker wrote:
Laughing . The sad fact is that people who leave the scene very often get away with it.


I will have to remember that ,if you can't beat them join them !

As for this twat I will make him pay using my own justice Twisted Evil
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kevsterjw
Borekit Bruiser



Joined: 25 Aug 2005
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PostPosted: 06:59 - 29 Sep 2005    Post subject: Reply with quote

let it all die down for a few months then follow him somewhere, in another vehicle not your own one that he can recognise. wait for him to park up and have your wicked way with the car. Park up out of sight and wait for his return ,now note how revenge is indeed very sweet. Thumbs Up Mr. Green
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