Assaulted on Finchley Rd...
- Thread starter eml1909
- Start date
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Scilly Suffolk
Über Member
As I haven't seem the video, I am in a position to comment, objectively, only about the way that both parties have handled the situation; to be clear, I am not commenting about the incident itself.
Ultimately this is to your advantage: if you are awarded damages, the insurer could avoid responsibility, leaving you to pursue a claim against AM through the civil courts.
i) They should publicly castigate their employee on your say-so? By your own admission, aspects of the incident are not immediately apparent: "...you can't see it on the video but..."
ii) If there is a transfer of responsibility for the financial consequences for the incident to the insurers of AM, then there is also a transfer of the right of reply to them: I shoot my mouth off, but you get a bloody nose?
Me thinks that, regardless of the rights and wrongs of the incident, if you had devoted as much effort to reporting this to the Police in a timely fashion as you have to posting the video on Youtube and arguing the toss with unconcerned parties on CycleChat, then you would have a much stronger case.
It's a bit late to come over all coy don't you think? You've posted your recording on a public video sharing website and your version of events on a public cycling forum.
Your post stated that it was an "assault" in the title; this is an, as yet, unproven criminal allegation.
Their public acknowledgement of the incident and comment either way could be interpreted as prejudicing the position of their motor insurers: the transfer of (financial) responsibility under a contract of insurance, also involves the transfer of the right of reply (i.e. if you expect me to pick up the bill, then let me do the talking).
Ultimately this is to your advantage: if you are awarded damages, the insurer could avoid responsibility, leaving you to pursue a claim against AM through the civil courts.
i) They should publicly castigate their employee on your say-so? By your own admission, aspects of the incident are not immediately apparent: "...you can't see it on the video but..."
ii) If there is a transfer of responsibility for the financial consequences for the incident to the insurers of AM, then there is also a transfer of the right of reply to them: I shoot my mouth off, but you get a bloody nose?
Me thinks that, regardless of the rights and wrongs of the incident, if you had devoted as much effort to reporting this to the Police in a timely fashion as you have to posting the video on Youtube and arguing the toss with unconcerned parties on CycleChat, then you would have a much stronger case.
Scilly Suffolk
Über Member
The interpretation is yours: what I wrote, I did so after reading the entire thread and carefully drafting my contribution.
How many minutes of effort did it take him to report it to the police compared with his posts on here?
Scilly Suffolk
Über Member
My point exactly!
You have no idea what the answer is, you're posting rubbish.
And your point is?
Scilly Suffolk
Über Member
Excuse me Dawesome, what you wrote is ambiguous and I read it as endorsing my opinion.
My point is that rather than posting a thread on a forum and a video on Youtube, the OP would have been better served by making an immediate complaint to the Police.
The actions of the OP and their delay in making a complaint have not improved their position and can only have prejudiced it.
"Better to remain silent and be thought a fool than to speak out and remove all doubt."
how?
4F
Active member of Helmets Are Sh*t Lobby
Oh do give over, seemed like a fair summise to me.
