Case Law Needed
Discussion
Silent1 said:
phillvr6 said:
Silent1 said:
If you can, ditch minsters and go with Europa Consultants, they're dealing with my motorbike accident and after 18 months of us playing hard ball the defendant has admitted full liability. They are pretty active in getting the other side to cough up if they're in the wrong.
If this is an option I might just do that. Remind me whats the name of the pistonheader who I need to speak with?phillvr6 said:
Whilst Davis Vs Schrogin was a different scenario, surely the principal still stands. i.e. there was no way for me to avoid the car which drove in to the side of my bike?
The problem with Davis v Schrogin is that you would not expect a car to u turn without warning or looking, which is what happened in that case. Approaching a junction you should be aware that traffic may be exiting from that junction and should show caution when your view is blocked. Too many bikers quote little bits of this case to justify filtering in any circumstance. I would get better legal advice and certainly not accept 50/50, maybe 10-20% would be preferable for a quick settlement.Are there any independant witnesses? Lorry driver? what are they saying? ask for copies of witness statements.
I would expect the car and lorry driver to both say you were speeding, otherwise the lorry driver would not have flashed him out, and although they can not prove speed, it would probably lead to minor contributary negligence against yourself if it went to court.
Cheers, I did show caution and had the car driver edged out the collision would not have happened. I avoided him and he drove in to me.
I have an independant witness who was behind me on a scooter, he has confirmed my version of events. The lorry driver said at the time he was speaking to his passenger at the time of the crash so could not give a statement. At no time has it been suggested I was speeding. The damage to the bike and pictures of the scene demonstrate that the bike was practically at a stand still when the car hit it.
As far as I'm concerned it is 100 percent his fault, I slowed for the junction and was doing around 10mph, He entered my lane without looking and without showing caution. I will not
be rolling over on this one!
I have an independant witness who was behind me on a scooter, he has confirmed my version of events. The lorry driver said at the time he was speaking to his passenger at the time of the crash so could not give a statement. At no time has it been suggested I was speeding. The damage to the bike and pictures of the scene demonstrate that the bike was practically at a stand still when the car hit it.
As far as I'm concerned it is 100 percent his fault, I slowed for the junction and was doing around 10mph, He entered my lane without looking and without showing caution. I will not
be rolling over on this one!
Well a brief update.Having called my insurance company on Friday to explain that I was not convinced Minster were not looking after my interests, I received a letter on Saturday morning from Minster explaining that my representative had changed due to administrative issues. I have no idea what the exact reason is but I guess they have either labled me as a trouble maker, or have looked more closely at my case and realised that my origional representative was incompetant. I'll beo on the phone to them tomorrow to ensure my new representative is fully briefed. Its never simple is it!
A quick update, It would apperar someone from Minster reads Pistonheads.
I've just had a call from their Head of Specialist Claims. She was extremely helpful , and will be overseeing my case. Fingers crossed, things are on the up. I just need to get some pictures of the road in question now.
I'll continue to provide updates as and when.
Phill
I've just had a call from their Head of Specialist Claims. She was extremely helpful , and will be overseeing my case. Fingers crossed, things are on the up. I just need to get some pictures of the road in question now.
I'll continue to provide updates as and when.
Phill
phillvr6 said:
I slowed to around 10mph ish as I approached a side street to the left (Nelsons Row) as there was a prison lorry stopped before the junction and I was wary that a car could be edging out.
As it happened, the lorry had flashed a car out of the junction (to turn right)
Phill
Is it just me who was always advised to never, ever flash anyone out - always wait and let the other driver make the decision to move - as there is potential liability for an accident if you did?As it happened, the lorry had flashed a car out of the junction (to turn right)
Phill
Phillyr6. I am very interested to read your posts as I am currently going through a similar situation with Minster Law myself. I'm a car driver (big massive whopping apologies everyone) who was driving down the middle of a residential road. The reason I was driving in the middle was because there were parked cars on either side of the road. Thus it was only possible to drive in the middle. My only alternative was to wait patiently behind each parked car until the owners came out at their leisure to move them!! A 3rd party driver turned right out of a side street on the left and drove straight into my oncoming path. Minster Law are insisting that they are guided by the case of Powell v Moody and that I should accept a 50/50 settlement or go to court and risk an 80/20 against me. Their argument is that I was driving in the middle of the road, despite the fact that I couldn't drive any other way because of the parked cars. I am becoming increasingly frustrated with them and after a heated discussion yesterday came on the net only to discover the Davis v Schrogin case. I'm planning to go back to them and quote this case ... so really I am most interested to hear how you'll get on with them from now on. Also, any advise from anyone would be very gratefully accepted ..
starlight said:
Phillyr6. I am very interested to read your posts as I am currently going through a similar situation with Minster Law myself. I'm a car driver (big massive whopping apologies everyone) who was driving down the middle of a residential road. The reason I was driving in the middle was because there were parked cars on either side of the road. Thus it was only possible to drive in the middle. My only alternative was to wait patiently behind each parked car until the owners came out at their leisure to move them!! A 3rd party driver turned right out of a side street on the left and drove straight into my oncoming path. Minster Law are insisting that they are guided by the case of Powell v Moody and that I should accept a 50/50 settlement or go to court and risk an 80/20 against me. Their argument is that I was driving in the middle of the road, despite the fact that I couldn't drive any other way because of the parked cars. I am becoming increasingly frustrated with them and after a heated discussion yesterday came on the net only to discover the Davis v Schrogin case. I'm planning to go back to them and quote this case ... so really I am most interested to hear how you'll get on with them from now on. Also, any advise from anyone would be very gratefully accepted ..
Starlight, You have mail.Well,
We've not really got any further; the additional info was issued at the end of last year. The 3rd party were chased at the end of Feb, confirmed their customer had provided a response and said they were in the process of reviewing it.
5 weeks later and they are saying it’s in a backlog and each week they say they will respond within a week.
To complicate matters further my case has been transferred to another handler (the 3rd so far). I have chased her for the past two weeks and finally spoken to her today it transpires that despite assurances that there will be no delay or interruption in the handling of my file she has yet to review my case due to having 300 to get through.
I'm now pushing to start legal proceedings but being told that in order to do that the 3rd party insurers have to nominate a solicitor and if we issue a 21 day notice letter telling them to do this it is likely to get caught in the same backlog as the rest of the file.
So in summary I've got to wait for my 3rd handler to get her head around my case and then hope we can get the 3rd party insurers to pull their fingers out by dealing with them over the phone.
I'm now waiting for a call back from the Head of specialist claims who proved very helpful last year. In the meantime, any suggestions as to how I can accelerate this process would be gratefully received.
Thanks,
Phill
We've not really got any further; the additional info was issued at the end of last year. The 3rd party were chased at the end of Feb, confirmed their customer had provided a response and said they were in the process of reviewing it.
5 weeks later and they are saying it’s in a backlog and each week they say they will respond within a week.
To complicate matters further my case has been transferred to another handler (the 3rd so far). I have chased her for the past two weeks and finally spoken to her today it transpires that despite assurances that there will be no delay or interruption in the handling of my file she has yet to review my case due to having 300 to get through.
I'm now pushing to start legal proceedings but being told that in order to do that the 3rd party insurers have to nominate a solicitor and if we issue a 21 day notice letter telling them to do this it is likely to get caught in the same backlog as the rest of the file.
So in summary I've got to wait for my 3rd handler to get her head around my case and then hope we can get the 3rd party insurers to pull their fingers out by dealing with them over the phone.
I'm now waiting for a call back from the Head of specialist claims who proved very helpful last year. In the meantime, any suggestions as to how I can accelerate this process would be gratefully received.
Thanks,
Phill
Phil,
From the brain of a complete novice, but is there any reason why you cannot issue proceedings directly against the person who knocked you off your bike?
If you did this (may cost a bit mind), it would surely get someone's finger out of their jacksy, and may get some progress made.
(I look to the lawyers on here to tell me why this is a seriously bad idea.)
Oli.
From the brain of a complete novice, but is there any reason why you cannot issue proceedings directly against the person who knocked you off your bike?
If you did this (may cost a bit mind), it would surely get someone's finger out of their jacksy, and may get some progress made.
(I look to the lawyers on here to tell me why this is a seriously bad idea.)
Oli.
Noger said:
p.s. this would be easier in a single thread 
You right, however a lot of helpfull people who read SPL don't read GG and visa versa.I've been paid out for the bike less £400 excess. I'm also still out of pocket for my helmet, train travel when I didn't have a bike. I've also got a claim in for personal injury as I had a bad arm for 3 weeks.
However my main issues is liability, I don't want to be lumbered with an at fault claim whn he drove in to me.
Hi, I have come across your gass whilst looking on the net for more detail on the new case law. Back in Jan 2006 2 days before I relocated from London to the sticks I was filtering on my scooter through slow moving traffic. Obviously cautious of any cars likely to turn into a road on my left, but despite my caution a car swung across the first lane of traffic hit my right side and turned into the road...the car on my left did stop and was an independant witness...
I was 8 weeks pregnant, I was injured, rushed to hospital to check on my unborn baby (I know but had riden fine for years last day of ever riding..sods law) I also had a shoulder injury (which is still getting treated), had landed on my head, grazed all over, bruised and basically battered and my beloved scooter a write-off!
I too have minster law, my father a retired traffic cop just sent me details of the new case law - hence I am on the search - Minster law have also insisted I accept 50/50 but I am standing firm. Have approached another solicitors to get a second opinion. I too am on my 2nd or 3rd person at Minster Law - I never get to speak with the solicitor on my case just his assistant - I lost my job I had held for 7 years, due to the amount of time I needed to take off, I suffered stress and anxiety throughout my pregnancy as it was a long time before I felt my baby move, my first child I had felt at 16 wks and at 23 weeks I still hadnt felt my son move (yes that part of the story turned out ok).
Anyway, to cut a long story short I have now seen 3 specialists for reports, I suffered so much stress it has caused depression, I couldnt get another job as I was pregnant, and with the best will in the world no-one will employ a pregnant woman knowing full-well she will disappear in a couple of months for a substantial period of time, I am the major earner in my family so there I was new house, no job, 8 month old baby, pregnant injured etc..I have only had another perm job since October last year and only just managed to take myself off the anti-depressants - Minster Law don't want to persue this either...they are shocking they should be named and shamed along with Bennetts the so called bikers insurers...
Minster Law are rubbish, I am looking for more evidence of this case law I will be sending a letter to my insurance company in way of a complaint about Minster Law (2nd time) and see if I cannot get them to use a different solicitors....and look more carefully at the case law...
Will keep you posted...good luck Phil
I was 8 weeks pregnant, I was injured, rushed to hospital to check on my unborn baby (I know but had riden fine for years last day of ever riding..sods law) I also had a shoulder injury (which is still getting treated), had landed on my head, grazed all over, bruised and basically battered and my beloved scooter a write-off!
I too have minster law, my father a retired traffic cop just sent me details of the new case law - hence I am on the search - Minster law have also insisted I accept 50/50 but I am standing firm. Have approached another solicitors to get a second opinion. I too am on my 2nd or 3rd person at Minster Law - I never get to speak with the solicitor on my case just his assistant - I lost my job I had held for 7 years, due to the amount of time I needed to take off, I suffered stress and anxiety throughout my pregnancy as it was a long time before I felt my baby move, my first child I had felt at 16 wks and at 23 weeks I still hadnt felt my son move (yes that part of the story turned out ok).
Anyway, to cut a long story short I have now seen 3 specialists for reports, I suffered so much stress it has caused depression, I couldnt get another job as I was pregnant, and with the best will in the world no-one will employ a pregnant woman knowing full-well she will disappear in a couple of months for a substantial period of time, I am the major earner in my family so there I was new house, no job, 8 month old baby, pregnant injured etc..I have only had another perm job since October last year and only just managed to take myself off the anti-depressants - Minster Law don't want to persue this either...they are shocking they should be named and shamed along with Bennetts the so called bikers insurers...
Minster Law are rubbish, I am looking for more evidence of this case law I will be sending a letter to my insurance company in way of a complaint about Minster Law (2nd time) and see if I cannot get them to use a different solicitors....and look more carefully at the case law...
Will keep you posted...good luck Phil
10 Pence Short said:
The solicitors acting for the motorcyclist I injured are called Silverbeck Rymer, based in Liverpool.
When my insurance arranged a third party accident investigator to look at my accident, and he found out they were dealing with the civil case, he immediately said that they were one of, if not the best at these kind of situations, and that a lot of insurance companies use them.
Might be worth giving them a call.
OP, if you do want to ditch your current lawyers then I would second 10 Pences recommendation. I did some work experience with Silverbeck Rymer and they had a very good rep. I also got a good impression from the time I spent there and they knew what they were doing. When my insurance arranged a third party accident investigator to look at my accident, and he found out they were dealing with the civil case, he immediately said that they were one of, if not the best at these kind of situations, and that a lot of insurance companies use them.
Might be worth giving them a call.
They do work in both pursuing and defending claims, and not being a London firm means they won't charge silly rates.
They also have an office in Chelmsford, so this may be better for you location wise.
Good luck.
hi there -
i am in exactly the same sitauation - pretty much an identical accident - was filtering at 10mph or less, when a car was flashed into the traffic to turn right, didn't check for motorcyclists - and with 1 cars distance for me to break and stop after he pulled out infront of me I went into his front bumper, and over the bars
Got assigned to Minster Law through my insurance company - they were saying 80 / 20 my fault !!! due to old case law from 1969
Is the OP stil active on this forum - could you tell me how things worked out for you ???
they are currently pushing me to go 50:50 - as I have been digging my heels in - any info would be much appreciated !!!
i am in exactly the same sitauation - pretty much an identical accident - was filtering at 10mph or less, when a car was flashed into the traffic to turn right, didn't check for motorcyclists - and with 1 cars distance for me to break and stop after he pulled out infront of me I went into his front bumper, and over the bars
Got assigned to Minster Law through my insurance company - they were saying 80 / 20 my fault !!! due to old case law from 1969
Is the OP stil active on this forum - could you tell me how things worked out for you ???
they are currently pushing me to go 50:50 - as I have been digging my heels in - any info would be much appreciated !!!
sorry to drag this up again, but I am still ongoing with minster law and this damn claim - was wondering how it all ended up for OP ??? or is it still ongoing like mine ? they are an fing JOKE - 3rd case handler 13 months down the line and still nothing !!!despite me emailing them 2/3 times a week to push things along
John Measures at BGT has been great throughout and provided me with much needed assistance, so if anyone is ever in this situation with a bike claim I would suggest you get intouch with him to represent you. Couldn't get my file transfered to do it sadly
John Measures at BGT has been great throughout and provided me with much needed assistance, so if anyone is ever in this situation with a bike claim I would suggest you get intouch with him to represent you. Couldn't get my file transfered to do it sadly
Just read this and apologies for dragging it up.
The unfortunate reality of case law is that no matter how old it is, unless one has superceded it then at court, the judge WILL rely on it.
Changing your law firm won't alter that.
All firms have good and bad handlers in the same way as we all have folks at work who are s
te at their job.
Also, if your lawyer wants a split liability settlement and u have comp cover with your insurer, they have to agree with each other before they offer it to you.
Just my 2 penneth.
The unfortunate reality of case law is that no matter how old it is, unless one has superceded it then at court, the judge WILL rely on it.
Changing your law firm won't alter that.
All firms have good and bad handlers in the same way as we all have folks at work who are s
te at their job. Also, if your lawyer wants a split liability settlement and u have comp cover with your insurer, they have to agree with each other before they offer it to you.
Just my 2 penneth.
Gassing Station | General Gassing | Top of Page | What's New | My Stuff