had a accident this morning :(

wijcc · 20 Oct 2011 at 20:55

so do i go see a independent solicitor.. or check if my insurance company has an appointed a solicitor to my case and check with that solicitor??
Given if I have to go get legal advice from a independent solicitor.. will the cost of that not amount up to nearly the same or above the cost of the course in the end??

wijcc · 20 Oct 2011 at 21:03

is it not two separate things... so i must forward this letter to my insurer?

This is why is asked.. earlier on.. why is the biker's insurer offering 50/50 split on the claim?

wijcc · 20 Oct 2011 at 21:11

I need to understand this more clearly. Do i need to inform and send a copy of this letter to my insurer?

wijcc · 20 Oct 2011 at 21:21

well if i take the course i would not incur any penatly points or be fined.. so i would technically have commited and been convicted of a driving offence.. would i have to notify the insurance of having to attend this course?

wijcc · 20 Oct 2011 at 21:32

so it seems i would be better off taking it on the chin and going on the course if i can not get hold of the witness???

wijcc · 20 Oct 2011 at 21:44

thanks for the advice guys... i will check if any friends of friends or family are involved in the legal profession and try to get some advice from them too.
I am seriously considering getting one of those video cameras for the car..

wijcc · 20 Oct 2011 at 21:55

thanks for the info mate... i will try several times to get hold of him tomorrow and over next week.
I wonder if the police tried contacting him as i did give the contact details in the incident form hmmmmmm

wijcc · 20 Oct 2011 at 21:59

Jono8 said:
So what are the police basing your conviction on? Someone elses word? Surely they need more than that?

I have no idea. Also another think that bothers me is the wording "on the evidence available to us, we believe that you may have committed an offence".. surely if they had enough evidence i would be taken to court???

wijcc · 21 Oct 2011 at 16:36

great news.. i managed to get hold of the witness and have his mobile phone number now

I will arrange to go help him get the pics off the phone as he is not too IT savvy.. and get a statement off him

He said that he completed the police statement he was sent and in the statement he drew and stated that the biker was on the wrong side of the road and when the impact occured that I was stationary!! He was surprised when i told him i was possibly being done for driving without due care and attention.

The pics he took on his phone, showing the biker picking up his bike and moving it (if he is claiming personal injuries).. so will show the position of the road where the impact occurred.
I have phoned the Met police team handling my case and have the lady dealing with my case calling me back on moday.
So hopefully there might be some light at the end of the tunnel.. but i won't hold my breath

wijcc · 22 Oct 2011 at 21:30

thanks guys.. here are the pics the lorry driver took

The skidmarks show the path of his bike. Also the quequing traffic that was present before the accident.
Do you guys think that these new pics will get the police to evaluate the case?

wijcc · 22 Oct 2011 at 21:40

fadetoblack said:
Good photos mate
Not sure if it's wise to be showing them on public forum just yet??

whys that?

wijcc · 22 Oct 2011 at 21:50

i haven't given anyone anything though nor has anyone asked for anything

i have taken off two of the pics.. just left the two pics showing the skidmarks left by the bike.. clearly showing it was on the wrong side of the road.

wijcc · 22 Oct 2011 at 21:56

given that you saw the 2 pics that i have taken off... do you think the pics are enough for the police to at least re-evalaute the case?

wijcc · 22 Oct 2011 at 22:13

Scubascorpion said:
I probably said this already but if you've pulled out onto the main road, from the side road and the biker was on the main road, he had right of way.
A bike filtering down the outside of the traffic on the wrong side of the road IS allowed..
You still had a duty of care to ensure the road is clear to pull out into no matter WHO flashes you anywhere.

How do I know, I got done for the exact same thing.

even if the biker is on the wrong side of the road?

wijcc · 24 Oct 2011 at 10:25

Having spoken to the police handler this morning, the case will not be re-evalauted.. so i have the option of taking the driving course or going to magistrate court. Got a week or so to decide which option to go with.

wijcc · 24 Oct 2011 at 10:37

probably... still have to find out what the outcome will be about insurance claim side of things

wijcc · 24 Oct 2011 at 10:45

can anyone recommend a good solicitor that I can get advice from?

wijcc · 24 Oct 2011 at 11:17

the fact that you go on this course it means your details stays on a police database for 7 years..

Your personal details are protected by the Data Protection Act 1998. If you elect to participate, you agree to your details being checked by us against the ACPO national database to establish if you have completed a similar Course within the last 3 years of this offence.
If you complete a “National” Course, your details relating to the Course will remain on file with the ACPO national database for road safety research purposes for a further 7 years from the date of the offence, after which any personal reference to you will be erased. These details will not be released to any other party apart from other UK Police Forces if they are considering making an offer of a Course in the future.

The cost of the course is £182.60 and means taking a day off work. So similiar to going to court i take it??

wijcc · 24 Oct 2011 at 12:04

if i was to go to court and win the case.. would all my costs (solicitor's fees etc) be refunded?

wijcc · 24 Oct 2011 at 12:56

thanks.. will contact a few solicitors :-)