Almost took out by idiot on roundabout

[MrGrumpy]

Efffing swine isn't it! My own case with the woman who took me out at a roundabout was nearly as bad - she started claiming that it was my fault, that I somehow came out in front of her, despite me already being on the roundabout!

The evidence in my case would have been a load of injuries on my Left hand side, and damage to the scoot's RHS where it scraped along the ground. Presumably in your case the evidence would be that you had rear damage and he had frontal damage indicating that he'd gone into you?

Anyway, hope it works out...soon. Well, Soon in legal terms anyway. I finally got £4400 after 20 months wait. Nice but I'd rather not have had the accident!

[Funkycowie]

for me the solicitor says it could be argued that I overcooked it on the roundabout and went wide in front of him causing him to hit me rather than the truth of him cutting into the centre of the roundabout and going in to me. No witnesses so its he said she said.

[DougL]

Funky, I am in a similar battle to yours at the moment. Mine was someone who turned right across myother half's right of way. They denied any fault.

I think what gets me about all of these cases, is distinct lack of personal responsibility that our society has engendered. Had I done the same thing, I would immediately have admitted responsibility. Insurance at the moment is a complete and utter scam.

[Jedburgh]

Gutted to read about your predicament Funky, wish you good luck with it and hope justice is done.

[Zed]

Hope it goes well Funky: had an impatient white van man come head-onto my side of the road wanting to turn right 20m further up, because he couldnt bother to queue for the cars. I'm centre of my lane and stop, and he yells at me to move?! The dent in the side of his van where i "fended it off with my fist" should just pop out

It's just the mentality of drivers that gets me...

[Ferrit]

When my son was knocked off just past the roundabout the guy claimed my son was turning right and then suddenly cut left into him. The only reason my son was on the right of the road was because the idiot forced him there by coming out onto the roundabout without giving way, having been forced right he corrected his position at the same time the idiot tried to undertake him.

The insurance company was going to accept 50/50 until I pointed out we would fight this through the courts and sue them if they did accept 50/50, though the clincher was pointing out the entrance he was supposedly turning right into was a dead end leading to parking at the back of a block of flats and that this was in the middle of his journey from his girlfriend to home....I asked them to explain why he would turn right into a dead end in the middle of his journey, a week later they posted papers at court and a week after that the other company settled in full.

In talking to the insurance agent following settlement it turned out the guy had 10 previous accidents with cars and bikes where he has pulled out on roundabout - so I made a complaint to the insurance ombudsman as this information seemed to be ignored by both insurance companies when trying to reach a settlement causing me and my son to waste time and effort on this. He agreed and we received £100 each for our wasted time.

[monty9120]

unluckily for some people there isnt always a way to stuff them. no matter what a biker is mostly at fault you cannot prove otherwise. its just a sad fact

[Funkycowie]

Had to go 50/50 on this because there were no witnesses, although I felt the evidence could have got me 100% TP fault the solicitor pointed out it could be argued by the TP that the damage was caused by me going into him rather than him into me as its a case of he said she said. Had I have had my video camera on then it would have proved the the TP was a liar.

Good thing is though that my premium doesn't go up

[visfix]

Unfortunately, I am having to go 50/50 on my bump in 2011, as the solicitor basically told me they wouldn't pursue it.
So, although I was hit by an uninsured driver, it's half my fault?

The solicitors don't care, as they get their extortionate fees, regardless. BLD don't care as they get paid, regardless. The female pudenda that hit me doesn't care, or he would have had insurance in the first place. The only person who cares, is me, the victim, who is getting right royally shafted!


The insurance system is flawed, and corrupt, and they're all a set of female pudendas!

[MrGrumpy]

Had to go 50/50 on this because there were no witnesses, although I felt the evidence could have got me 100% TP fault the solicitor pointed out it could be argued by the TP that the damage was caused by me going into him rather than him into me as its a case of he said she said. Had I have had my video camera on then it would have proved the the TP was a liar.

Bugger. I guess I was lucky that I managed to get a settlement out of the brainless woman who hit me's insurance company. The question is, is your case really that difficult to argue, or is it that your legal people don't give a toss, and will settle for anything if they get their fees covered?? A lot of the motorbike specialist solicitors and legal columnists advise going to a specialist solicitor who knows about bikes - OK, they obviously would say that, but perhaps they are right.