got punted by a landrover freelander

[GingerWizard86]

My solicitor is a guy called Andrew Clarke from Fletchers Solicitors appointed by my insurers (MCE) so I have faith that he will fight the good fight. I have not claimed on my insurance as I feel I was not to blame. He has been dealing with motorcycle claims for 25 years and he has mentioned that it will likely go 50/50 from past experience, though what with the failure to look right and the vehicle being un-roadworthy, I would have at lest thought it would be a pretty strong case for negligence on their side and thus I would be coming off better in the case.

What I would really like to know is did the driver have any points due to the bald tyres as I am sure this would strengthen my case.

The other parties solicitors have not replied since their first response 6 months back to say their client is at no fault at all and that "We believe your client (me) was the author of his own misfortune and invite him to discontinue his claim" which really got my back up somewhat.

[GingerWizard86]

Hi all.

Been a while since I was on.

I have some great news in the fact my case went all the way to court last week and the judge decided on a 66 / 33 split in my favour. There were criticisms of both parties understandably but it did confirm I was right to fight it as I felt I was not at majority fault.

The way the courts are starting to view these kinds of incidents is changing.

My team were relying on a precident set in december 2013 by jones vs lawton where the motorcyclist was overtaking 2 lanes of traffic at 60mph. The case was decidrd 66/33 in the favour of the motorcyclist as it was not unreasonable to expect a filtering motorcyclist and more care should ve taken to look for vunerable road user groups.

My case solidified this ruling and the cases will be relied up on tandem for future cases. So happy were my team with tge results, they are going to publish the courts finding for my case.

now thats all sorted all I need to do is get myself fixed. In for more surgery in august to stretch my femur back to its normal length and more surgery before the year is out.

Its been a long 2 and a bit years but I gave come a long way. Got a way to go but will get there. Starting to think about getting back on the steel horse

[Conehead]

Good to hear the positive news for you and now for everyone else in your position.

Also glad you are on the mend and hopefully it wont be much longer before you are on two wheels again.

[shiftyblake]

Get well soon, the only close call I ever had in the UK was filtering. A car I was filtering up past had flashed to let a car across the front of it from a turning on his left onto the opposite carriageway. That was 100% my fault as I should have been wary of side junctions.

[BB]

Good to hear about the decision and yes, get back out on the steel horse as soon as you can

[GingerWizard86]

I'm considering a street triple R

[BB]

Fun with a capital F!

[Vulcanboy]

FYI ... my solicitor advised me to settle on a 50:50 basic ... when a car went thro a red light and hit mine. I did not accept this and said I'd be prepared for a JUDGE to make the ruling ... so off to court we go.... Shortly after I made this decision the other party accepted 100% responsibility .... consequently no loss of no claims bonus ! Knock for knock works for the insurance industry, not for you !!!!