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A claim is a claim - if they are claiming from you, you may as well too.
had a accident this morning :(
- Thread starter wijcc
- Start date
A claim is a claim - if they are claiming from you, you may as well too.
Permabanned
except you don't pay an excess on 3rd party only claims.
thanks guys...
Another update: the 3rd party insurer want to settle the claim 50-50 and my insurer are looking to resolve it 80-20... so my insurer will contniue and push for this for a few more months and if the 3rd party dig their heels in and do not accept this. As the sums of money involved are not too much (the difference between 50-50 and 80-20 is not that great apparently), my insurer may accept the 50-50 liability offer, to save it going to court/magistrate.
Another question, will I have to pay the excess on either 50-50 or 80-20 liability.. if i claim for the damage on my vehicle on my insurance?
Another update: the 3rd party insurer want to settle the claim 50-50 and my insurer are looking to resolve it 80-20... so my insurer will contniue and push for this for a few more months and if the 3rd party dig their heels in and do not accept this. As the sums of money involved are not too much (the difference between 50-50 and 80-20 is not that great apparently), my insurer may accept the 50-50 liability offer, to save it going to court/magistrate.
Another question, will I have to pay the excess on either 50-50 or 80-20 liability.. if i claim for the damage on my vehicle on my insurance?
Soldato
80-20?
Surely you are either both at fault therefore 50-50, you are at fault so your insurer picks up the bill or they are at fault and their insurer picks up the bill? How can someone be only 20% at fault?
Surely you are either both at fault therefore 50-50, you are at fault so your insurer picks up the bill or they are at fault and their insurer picks up the bill? How can someone be only 20% at fault?
Soldato
It's certainly the bikers fault. It's ridiculous his insurer isn't picking up 100% of the bill.
Never heard of 80-20 but I'd imagine the end result being that same in that as it's an 'at fault' claim you'd have to pay the excess either way...
We've had this before in the thread, both parties did stuff wrong and you can argue it either way, it was always going to go partial blame...
Oh come on the OP did nothing wrong and we all know it, he followed the law and the highway code to the letter as any of us would have done, its just a loop hole in the law that a biker performing an illegal overtake isn't covered by the guidance for junctions otherwise the OP would have won this ages ago. Agree though it was always going to be partial blame
Oh come on the OP did nothing wrong and we all know it, he followed the law and the highway code to the letter as any of us would have done, its just a loop hole in the law that a biker performing an illegal overtake isn't covered by the guidance for junctions otherwise the OP would have won this ages ago. Agree though it was always going to be partial blame
Um, he took a flash of headlights to be permission to go and also an indication that the exit was clear, neither of which is what flashing headlights is intended to portray according to the highway code.
He moved from a minor to a major road when he was unable to see the path was clear, again contrary to the highway code.
As for the biker, it wasn't an illegal maneuver in any way, loophole or not, it was however contrary to the highway code.
It's going partial blame because it IS partial blame.
Soldato
80-20?
Surely you are either both at fault therefore 50-50, you are at fault so your insurer picks up the bill or they are at fault and their insurer picks up the bill? How can someone be only 20% at fault?
It's based on how much each person is at fault, so in this case it was mostly the bike's fault, but the OP could have done something to prevent it, so although the majority of blame lies with the biker, the OP is not completely innocent.
With regards to excess/uninsured loss claims/etc, my insurance told me that you are able to claim back a proportional amount based on fault, e.g. if it goes 50/50, you can claim back 50% of the excess and expenses.
It looks like I'm going to be getting a similar outcome to my crash, my insurance co. are pushing for 100% the bike's fault, but reckon worst outcome would be 80/20 in my favour. *fingers crossed*
To the OP - how did things turn out re: the police case? Did you end up taking the course in the end, or is that still in dispute as well?
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Soldato
It's irrelevant whether you call it illegal/contrary to the highway code, in this situation it's just semantics. There are plenty of scenarios where another driver could cause a crash by doing something perfectly "legal" and it still be 100% their fault.
yes I did.
Soldato
Motorcyclist at fault, no 2 ways about it.
I can't think of a situation where someone is following the highway code perfectly and is the sole cause of a crash?
Associate
Sounds like a homicidal trucker. As soon as you act on the flashed lights of another motorist, you are are on dodgy ground. Think once, think twice, think bike.
Soldato
No, neither can I.
However you stated yourself that although the biker did nothing illegal, he acted out of accordance with the highway code.
Whether it was illegal or not bears no relevance to the situation. As I said in my previous post: "There are plenty of scenarios where another driver could cause a crash by doing something perfectly "legal" and it still be 100% their fault."
Ergo, the fact that the biker did not perform an illegal manoeuvre does not necessarily mean he isn't 100% at fault.
He was unable to see clearly when emerging so did so with caution as per the highway code.
Apart from the way he was on the wrong side of the road overtaking near a junction and overtaking the closest vehicle to a pedestrian crossing and overtaking over the zigzag do not overtake lines of course.
Caporegime
Have you bothered to read the thread?
Associate
The evolution of the thread is irrelevant to my point. It's in the Highway Code. You don't act on the headlight flashes of other motorists. The OP doesn't need a load of commiseration from fellow computer enthusiasts, he needs to absorb that one basic fact. SO HE DOESN'T KILL SOMEONE!!!!!!!!!!!!!!!
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