had a accident this morning :(

I have contacted and spoken to a "specialist" motoring solicitors firm. I emailed and circumstances of the incident and the pics I had. He stated that -
If I decided not to take the course and it was ti go to court I had a very good chance of winning the case with the details I have given him. If it did go to court the cost of his firm representing me would be £2500+Vat approx.. and he also thought that a specialist would be needed to recreate the circumstances of the accident, examining the skidmarks etc.. which would bump the overall cost of the case to £4000~… and there is a possibility that even if I was to win the case that I would not be able to recover all this cost.. as their costs as a specialist motoring legal team are higher than others and is over the limit the courts payback.
However there is a possibility that I will not need to go to court even if I decide not to go on the course as police or prosecuting authority may decide not to prosecute given the evidence (but not the pics.. as the police do not have the pics).

I am going to contact a few more solicitors and see what they say.. but given the legal fees.. I may have to take the course albeit with gritted teeth
 
Hammy said:
from what I can see it defo looks like the biker at fault he was over taking the stationary vehicles on your side of the road i am not sure if u should bother looking into solicitors tho because it will add extra costs to you have you been on to your insurance company i am sure when u show them the pictures it will show the bike is at fault
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There is two separate possible cases going on involving this incident.. the insurance claim and a separate police case against me
 
i don't think the biker's insurance case are aware of the police case nor do they get notified of it??
Will contact the police handler again and ask them.
 
the lorry could not go very far ahead as to my left the car ahead of the lorry was stationary.. so he left a gap for me to pull out as the road/traffic ahead of him was stationary.
 
I emailed the police handler yesterday, asking whether they would re-evaluate the case if I sent in the pics and if attending the course equates to admitting liability in any insurance claims.. the response was:

I have passed a copy of your email to my Manager who has reviewed this matter.

He has instructed me to advise you that our decision stands. The points you outlined had previously been considered but it was felt that as you were emerging from a junction the greater responsibility lay with you.

The Driver Alertness Course is offered to improve driving skills and awareness and by accepting a Course it is not automatically considered to be an admission of liability.

However if you still feel you are not guilty of the offence of Driving without due care and attention, and you do not wish to complete the Course, this offence can be reverted for summons. If this happens the Crown Prosecution Service will review the evidence and if they agree this matter will go to the Magistrates Court where the evidence will be presented and a decision made as to whether you are guilty or not. If the matter goes to court you will also have the opportunity to dispute the evidence if you wish to.
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its not about the money Peerzy... its more about the principle and that fact that it will be on my record for the next 7 years grrrrrrr. And also why the motorcyclist should “get away” with it scott free.

But i am very much leaning towards taking the course.. everything shouts to take the easy way out and take the course.. but something inside me (maybe my stubbornness) says fight grrrrrrrrrrrrr
 
Peerzy said:
Ah if it's not about money then and £4000 is nothing to you then fight it. I was under the impression your money and time had a value to you but if your rolling in it and can afford countless days off work, hours on the phone and in meetings and thousands on fees then go ahead mate.

Pick and choose your battles.
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I meant the £200~.. it makes far more to go with this option then risk losing more (points on the license etc)... i will most likely decide to go on the course have to till next tuesday to decide
 
update: my claim/case still has not been resolved.

If I am found to be liable should i claim for the damages/repairs on my car or just pay for it out of my own pocket. Given that the 3rd party will claim on my insurance will claiming on my insurance for damage to my own car affect my premium for next year.. (i have full comp insurance with 5 or 6 years protected ncd)?
 
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?
 
yeah i did the awareness course, i took the easy option.

With regards to my claiming on my insurance my excess is £310. If the liability is settled 50/50 i would get half my excess back.
I am presuming that I am going to have to use the insurance appointed repairer??
 
update: received letter today stating - "The third party insurers have advised that they will agree to our proposal to split liability 80/20 in your favour. (third party 80% to blame)"
 
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