had a accident this morning :(

Fr0dders · 20 Oct 2011 at 20:42

You REALLY need to get hold of him

Have you got a copy of his details still ?

You need an independent witness to back you up he was on the wrong side of road and contravening the road markings overtaking at a pelican crossing.

wijcc · 20 Oct 2011 at 20:46

will try to phone his company again in the morning and get hold of him again...

Dave M · 20 Oct 2011 at 20:47

Should have reversed back over him.

Seriously though, I'd recommend getting some legal advice before deciding if you want to fight it or not.

Dave M · 20 Oct 2011 at 20:48

wijcc said:
will try to phone his company again in the morning and get hold of him again...

If it went to court I'd expect your solicitor would issue a summons, so he'd have to attend court.

May be worth suggesting that is the way it's going.

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??

Fr0dders · 20 Oct 2011 at 20:56

wijcc said:
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??

But you're not just fighting the course though

You are fighting the fault claim as well.

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?

[TW]Fox · 20 Oct 2011 at 21:03

The police action is completely seperate to the insurance 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?

[TW]Fox · 20 Oct 2011 at 21:13

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

Not in relation to this claim, no. Only if they require notification of any driving offenses you've commited.

This is seperate entirely to your claim.

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?

Dr Who · 20 Oct 2011 at 21:23

Not as far as I know, you take the course instead of a conviction.

So technically no conviction no notice.

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???

Fr0dders · 20 Oct 2011 at 21:40

wijcc said:
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???

Yes

That lorry driver giving a proper statement is the only way i can see you getting out of it.

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..

Fr0dders · 20 Oct 2011 at 21:50

If you do get hold of him, you'll need to get him to make 2 statements, one to the insurance company,and one to the police

Because as fox said, they are 2 separate things. But him giving a statement that he was overtaking on the wrong side of the road at the time should help both.

Jono8 · 20 Oct 2011 at 21:55

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

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???

Jono8 · 20 Oct 2011 at 22:11

wijcc said:
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???

That wording sounds awful. "You MAY have commited an offence"...??