Car Accident - liability not accepted

thegirlintheattic

I don't know why you are surprised about the personal injury claim, a motorcyclist is very vulnerable and even if he was OK at the time I would not be surprised if he developed problems later such as bruising. It really doesn't take much.

ihateyes

there is more trauma for a motorcyclist being in an accident than a car user.

The motorcyclist always hits the road, and the body takes the force of the accident.

When i had my accident in the summer, i was wearing padded gear/waterproofed.

I see too often people riding around with no gloves, shorts and t shirts etc these people dont realise a small accident can have such dire consequences.

SJV_ART

Thank you all. Very interesting. The witness who saw the accident was stationary at the roundabout- he unfortunately gave a statement a few years previous to this accident and had to go to Court in Liverpool. He lost a days pay and only got minimal travel expenses so was unwilling to sign a statement for us. We would happily have paid his costs but we cannot tell him this as it would look like we have bribed a witness. We asked him, he said no (unfortunately) and we have left it at that. The Solicitors on our behalf unfortunately explaind they couldn't guarantee a local court so he has declined. Now it is in a local Court it is too late for him to supply one as the documents have been issued. All very stressful and frustrating. So, would you go with the flow and let the solicitors fight it out or withdraw? They will not accept 50/50 and are asking for 30/70. What to do?

SJV_ART

ihateyes wrote: »

there is more trauma for a motorcyclist being in an accident than a car user.

The motorcyclist always hits the road, and the body takes the force of the accident.

When i had my accident in the summer, i was wearing padded gear/waterproofed.

I see too often people riding around with no gloves, shorts and t shirts etc these people dont realise a small accident can have such dire consequences.

I agree....my husband rides - we always try to be extra careful and we both have Diamond Advance Driving Certs....

Quentin

SJV_ART wrote: »

... All very stressful and frustrating. So, would you go with the flow and let the solicitors fight it out or withdraw? They will not accept 50/50 and are asking for 30/70. What to do?

You are stressing unnecessarily. This may not end up in court!

And probably have no choice about withdrawing, as your policy probably states you do need to assist your insurer dealing with this claim.

It now seems (from your post #14) that your insurers are accepting split liability over this (so you both do have fault claims on your records), but are fighting over the split. If you win, you will get 70% of your excess back, otherwise it looks the least you are getting back will be £200 (50%).

SJV_ART

Thanks Quentin....I am a worrier!

Court date is fixed. They just won't budge on the percentage of split. SO SO unfair but I suppose we just have to go with it. If we get £200 at the end of the day, that won't pay for me having to take a day off work and the cost of transport getting my daughter back from university for the day!! SO annoying but thanks for your help.