Need some advice
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Grandad7184

Original Poster:

2,105 posts

165 months

Monday 4th February 2013
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This may be in the wrong section but apologies in advance.

i had a bump ast august involving my self and a motorcyclist. luckily motorcyclist was not injured was not knocked of his bike and drove away. This is where it gets complicated.

Backround:

at 0615 august 2012 had taking the dog for a walk and was returning back to my house as i approached a mini roundabout i checked all directions then indicated right no sign of said motorcyclist once turned i then indicate for my close which is 57.34 mtrs from roundabout checked blind spot and mirrors then turned. then bang motorcytclist hits my rear panel and scrapes down my full drivers side taking of my mirror. We pull in to my close and checked the motorcyclist over no injuries bike still roadworthy. Nothing said on fault or anything all i said was im sorry but definately indicatated. My neighbour came out her house to check if we were ok as she heard it from her kitchen.

Spoke to my insurance and paid my excess to get car repaired as i need it for work they have said that the damage consides with my story and the motorcyclist was in the wrong. all well so far.

Fast forward 3 days then i recive a knock on my door for mr motorcyclist at the time i was carrying my 4month daughter. Mr M then proceeds to tell me i was wrong i did not indicate and i pulled a harsh turn whilst he was overtaking me. he was very agressive towards me so i shut the door and walked of he knocks again but i do not respond. I have spoken to his insures and mine and now have an injunction against him from enterning my street.

my insures have said at first it would have been a 50 -50 to which i was happy but Mr m is now proceeding for full liabiltiy against me. and has claimed to be off sick for 1 week with brusing and his bike was unroadworthy for 2 weeks there for claiming for missed income and that he has a witness to everything. but this witness was on a bus and could not stop as hw would miss a train.

now i have spoken to my insurance company who has said it is in the hands of his solicitors and there has been no contact since november 2012 after countless letters from them. My neighbour has aaid she will be willing to write a statement to say there was no other witnesses at this time if it gos to court. i have been offerd a 80-20 spilt to finish it now but after everything that has happend im wanting to go to court to show Mr M is trying to take me for a mug.

In my defence his solictor has been handed a 24 page document of points i will bring up in court what should help in my defence.

He has admitted overtaking coming off the roundabout crossing white lines and not wearing any reflective clothing in a dawn time and he may have been hard to see.

thank you for your help in advance

rijmij99

423 posts

191 months

Monday 4th February 2013
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I'd say let it run its course

Bill

58,784 posts

285 months

Monday 4th February 2013
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I've moved this here (Speed, plod etc) as it's the better place for it IMO. You should be able to post here, if not then PM me through my profile and I'll get it sorted.

When you say 80-20, I assume that's in your favour? Either way try not to take it personally, the wrangling is all part of what they do and trying to blame you fully for it is just an attempt to shift blame from the biker. In your position I'd be trying for 100% his fault as he shouldn't have been trying to overtake by a junction, even if you weren't indicating.