Hi there guys and gals,

As you may have read, I was involved in an incident at a junction back in March in which I suffered some fairly nasty injuries.

The legal side of things are starting to warm up a bit and I have received an offer of an 80/20 settlement in favour of the other party, both my insurers and solicitor thankfully agree that it's a ridiculous offer and as such I have instructed them to make a counter offer of 80/20 in my favour

My solicitor anticipates that the case will be settled out of court on a 50/50 basis but in light of the evidence I really do not feel that I should be shouldering half of the blame

At the time of the accident I was filtering very slow moving traffic on the A36 Wellsway in Bath and the driver come out from Shakespere Avenue on the left. None of the traffic was large or high sided and I would have been highly visible (brilliant white helmet and lights on).

I do feel that the police dealing with the incident took a very unsympathetic stance on this accident and as such a very very vague accident report was produced. They failed to include that the car was un-roadworthy. The tyres on the front of it were basically slick with less than 1mm of tread left on them. I do have pictorial evidence of this.

I have a witness report that gives good evidence of my speed (10 mph) and good evidence of negligence on the other parties behalf. The witness makes good observations that the driver of the other vehicle failed to make correct observations before making their maneuver, they didn't even look right.

Now I know that the maneuver I was making would be considered a high risk manuver but I calculated the risk and was well within the guidelines of the law and the highway code and the other party failed to perform the most basic of checks to make sure that it was safe for them to do so.

How can I be held half to blame when:

The car was un-roadworthy due to slick rubber (shouldn't have been on the road and if it wasn't the accident would not have happened)

They hit me.

The completely failed to look in my direction (they would have seen me if they had)

I was using the road legally and within the highway code.

I had the right of way.

I know the way that legal costs insurers work and I also know that the judgement will be made on precedents set in the 60's 70's and 80's which is absolutely ridiculous

Any advice would be highly appreciated.

Thanks,

GW