I need some legal help, please recommend…

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  • I need some legal help, please recommend…
  • PeterPoddy
    Member

    After this thread
    http://singletrackworld.com/forum/topic/hit-by-a-car-this-morning-and-its-going-to-be-interesting
    Ive got precisely nowhere.
    Allianz, his insurers, say it’s 50/50 and that’s that, as I have no witnesses.

    A simple drawing shows that he came from over my right shoulder and I couldn’t have seen him, but that’s by the by.

    So, two things
    1) Is it worth pursuing this?
    2) If it is, I need a decent legal representative, can anyone recommend one?

    Thanks in advance

    Premier Icon letmetalktomark
    Subscriber

    Might it be worth a call to your home insurance?

    I believe we have liability insurance as part of our std cover.

    Might there be a legal eagle you could speak with within your provider?

    crankboy
    Member

    Your original post said your loss was a buckled wheel and a scuffed shoe and a slight scratch.

    if so £200 tops value the wheel scuffed shoe £100 tops scratch £500 pain and suffering. So even on made up and generous figures your total claim is well under the £5k small claims limit .

    A solicitor won’t want to get involved as they won’t recover the legal costs above the fixed issue fee.

    The good news is that works the other way too the insurance co will be reluctant to invest time and resources in defending a claim for 100% liability on a reasonable figure .

    They have accepted their driver was involved and at fault the dispute appears to be as to the extent , I suggest you write to them saying thanks but no thanks settle in full in 14 days or you will issue a proceedings for full loss plus costs and interest. thay will say go ahead or ignore you then issue . you can do it on line.

    Sancho
    Member

    Let it go
    Channel your effort in to something in your community
    Will you feel victorious if the insurance company pay for your wheel truing a new shoe and a plaster.
    P
    Cyclists are dying get some perspective.
    The police have far more to worry about than this.

    You will get nowhere. Other than waste time.

    IA
    Member

    Cyclists are dying get some perspective.

    And who kills the cyclists? Motorists that don’t see them and drive into them.

    Like the person the OP is trying to prosecute. Who might kill the next person they hit…

    Sancho
    Member

    Don’t be so melodramatic ia
    It was a light scuff it happens all the time
    Doesn’t make it right but it’s a nothing incident that the op will only get frustrated about and nothing will be done

    crankboy
    Member

    obviously Sancho has not noticed that you are not now dealing with the police and not now trying to prosecute. You are claiming against him for the losses he has caused you and his insurers are dealing with your claim for him in accordance with his policy . Given he failed to stop he is going to be put on the spot to justify why if it was not his fault did he drive off.

    Sancho
    Member

    Funnily I had noticed but if the op wants the insurers to go more than 50/50 then he will need the police to back up his claim and get them to advise in their reports that they feel it was all the drivers fault
    Otherwise they will sit at 50/50 forever and you will not get anywhere

    bigyinn
    Member

    Smash his wingmirror and brick his windscreen. You know where he works and it gets darker a lot earlier at this time of year…… 😉

    wrecker
    Member

    I don’t get it. Cyclists should accept being knocked off their bikes by idiot drivers because it happens all the time?
    The fact that the driver scarpered after knocking a cyclist over makes it even worse!

    crankboy
    Member

    Sancho “if the op wants the insurers to go more than 50/50 then he will need the police to back up his claim” this is simply wrong. This is now a civil matter all he needs to do is issue and go to the small claims court the district judge will decide liability on the accounts of the op and the driver nothing whatsoever to do with the police. If the insurance co go to the expense of getting a police accident report (if there is one) it will be utterly irrelevant.

    Sancho
    Member

    Yes just accept it and move on you will only boil your piss and get nothing out of it
    I am contributing to the discussion from first hand experience not what I would want to happen in Singletrackworld land.
    Having been through a far worse incident and been out for everything I can I got the 50/50 crap
    And got nowhere.
    The court wont given a stuff without independent witnesses or a police report. The op will have to prove that the driver is 100% at fault. And no witness will mean the judge can not take one account over the other
    But don’t believe me and go waste your time venting and boiling your piss at the injustice

    crankboy
    Member

    Sancho my singletrackworld land experience includes 25 years experience as a solicitor dealing with some incidents such as the op’s both as civil claims by the cyclist and criminal defences for the driver and personal experience of winning on a 100% liability in my own initially disputed claim where the insurance started out on a 100% my fault footing.
    I am sorry that when you gave your evidence to the judge the judge found against you. That was your personal loss on the facts of your case. Given that to win on a civil case one only has to satisfy the court that it is more likely then not that your version is true given that the OP’S claim is very reasonable a) the insurance co are very likely to take an economic view of the claim and pay up rather than defend b) if it does go to a contest there is every chance a dj will find in the OP’s favour.

    Premier Icon cinnamon_girl
    Subscriber

    Ooooh, not good. Unfortunately in the world these days you need to make a noise so that’s what you should do. Don’t accept their opinion, challenge it.

    crankboy’s posts are from the horse’s mouth, so to speak, therefore worth paying attention to.

    Hope you get somewhere.

    Sancho
    Member

    So how does being hit from behind constitute a 50/50 fault
    It all came down to the plod viewing it as 50/50 and the courts don’t really question the view of a cop.
    But with no witnesses I suggest you give your time for free if you are so confident

    crankboy
    Member

    Sancho what has the view of a cop who was not there got to do with a civil court?

    Why in your case given liability was 50 50 did you not recover 50% of your loss?

    Op if you are in leeds I will help you with the paper work for free if you want though to be fair it is easy and you can do it on line.

    TuckerUK
    Member

    Involve your MP, that is what they are there for.

    Premier Icon aracer
    Subscriber

    So how does being hit from behind constitute a 50/50 fault

    It doesn’t, which is why PP ought to win. There is evidence other than one person’s word against another’s you know, even without witnesses – clearly PP’s evidence will stack up with the physical evidence available, and the driver fleeing the scene is presumably undisputed. Insurance companies invariably deny liability until forced to pay up, which usually involves being issued with court papers.

    It all came down to the plod viewing it as 50/50 and the courts don’t really question the view of a cop.

    The cop won’t be in court.

    Sancho
    Member

    In the case of rta’s that require paramedics and hospital treatment then
    The police have to get involved and write up a report on the incident.
    It is then the officers conclusions that the insurers and courts use to define liability.
    Non independent witness statements are worthless.
    And to challenge the conclusion of the officer requires taking the police to court
    And you can’t win

    Sancho
    Member

    And I did get 50% of my loss but I fellt that I did not contribute to the accident

    Sancho
    Member

    Crankboy
    Do you have a contact as id like to ask you for some advice
    Dont mind paying and all that

    crankboy
    Member

    Sancho the simple answer to your last post is no . The police accident report is not conclusive ever, it may be persuasive it may even be right but it can always be challenged . We are however dealing with advise to the OP, in the OP’s case the report if it exists will be irrelevant it will only recount the witness evidence and give the officers opinion re offences of due care and fail to stop . Given that his opinion will be founded on the witness evidence it will be irrelevant as it is the judges job to assess that . where a report deals with mechanical defects road markings debris etc the officers opinion may where he/she is suitably qualified be relevant. that is not the case here.

    Sancho quite happy to spout off for free both my emails are based on my full name which I don’t want to advertise on here you don’t have an email in your profile? you own crosstracks in leeds ?

    crankboy
    Member

    S you got mail as they say off on nursery run so no instant answer

    PeterPoddy
    Member

    Christ. It’s kicked off in here whilst I’ve been in the garden, hasn’t it?
    Sancho – Do one, clear off, you’ve got nothing positive to say.

    Right –

    This is now a civil matter all he needs to do is issue and go to the small claims court the district judge will decide liability on the accounts of the op

    So I can do small claims off the internet can I? Mrs PP has done that (Different matter) before, and I know it’s not hard.

    Sancho
    Member

    Peter you should have said you only wanted comments to align with your views im just trying to give you some advice from my experience.
    However are you sure you want to go to court with a quote for repairs that you made up yourself as you work at halfords. I would get an independent quote first or this could easily back fire especially as you have advertised that fact on the Internet

    Premier Icon TPTcruiser
    Subscriber

    Zurich all over the place advertising on backs of buses all the way up to supporting the Champions League. This example of their intransigence certainly paints them in a poor light.
    Do they sanction all their drivers to hit and run? Thought they had specific instructions about giving out details to the drivers they insure whether 50/50 or any other balance. Policy holder clearly was not in compliance.

    crankboy
    Member

    Peter yes you can do it on the internet same as your wife has . Assuming you are sticking with your originally detailed loss. Your claim is in negligence . You need a brief description of the accident state it was caused by him failing to keep control stear brake indicate his presence, he struck you from behind etc state your losses etc. You must first write to his insurers stating you intend to issue and giving a deadline to settle. Also ask them who to serve proceedings on . In default you serve on the driver .

    Jujuuk68
    Member

    Just catching up with this thread.

    If its car vs cyclist, then forgetting liability for a second, the insurer can or should be made to see sence in that –

    If the vehicle has no damage, the defendant has suffered no actual damages loss. (injury, earnings, hire car, repairs ect).

    If the offer to you is 50/50, then the defendant has already lost his no claims bonus. There is no excess payable on a third party claim.

    Therefore, if you threaten to issue court proceedings, the claimant has no reason financially to attend. He won’t “earn back” any lost bonus, and he has no losses to recover from you. The defendant isnt going to bother wasting a day in Court for no gain.

    Explain you understand this to the insurer, that their 50/50 offer is a “straw argument” that if you reject it, you can’t be worse off, only they can.

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