One for those who have been down this road

[classic33]

Getting to the point of settling a claim, 34 months, after being hit by a car being driven onto the main road. The drivers insurance company have upped their claim from a 50/50 to a 75/25 in my favour.
So instead of having to accept half the blame for the drivers actions, I now only have to accept 25%. Whether this is simply to get me to accept I don't know.

The thing that annoys me is the drivers actions from the time of the incident. For that I'd accept his head on a plate & bugger any payment.

IF I turned down the offer & took it to court, the offer may well be reduced or withdrawn, but, the drivers behaviour at the scene & other matters would be brought into the open.

For those who have been down this road, how did you feel when it came to settling the claim.

 

[Fnaar]

Not been there myself, but someone might....

 

[girofan]

Go for broke 'classic33'!
I was hit whilst negotiating an island. Car came onto island and hit me at 30mph. Don't negotiate with the insurance company yourself, get a third party well versed in litigation to act for you. Trade union solicitor or professinal bodies legal advisors.
I was offered a part settlement the day after my accident, in the hope I would roll-over. No chance! I engaged a professional who rebuffed everything but a full settlement. Got a good deal after 30 months.
If I were in your position I see the insurance co. in court. I'm pretty sure they would not want that scenario. It looks to me as though they are trying it on.
Good luck!

 

[wafflycat]

Do you have a solicitor acting on your behalf? Is so, what does he or she say?

 

[simoncc]

In a claim against a driver my CTC recommended lawyer advised me to accept the third offer which got me £1000. At the very outset my lawyer had said he'd get me £1000, and when she did I wasn't that bothered that the blame split wasn't agreed as 100% the car driver, 0% me. I get the feeling that the compensation, the lawyers fees and the blame split are all intermingled in a way that only lawyers know about.

 

[classic33]

Do you have a solicitor acting on your behalf? Is so, what does he or she say?

I have a CTC "approved" solicitor & she has managed to get this 75/25 liability.
I'd be willing to accept a lesser amount if it went to court other matters would then be brought into the limelight.
Throughout all of this its been the attitudes & actions of the driver, vehicle owner & the inactions of the police that have got me feeling the way I do at present.

Have replaced the bike written off in the incident out of my own pocket, nowt to lose there.

 

[TVC]

I was twotted by a driver a couple of years ago though there was never any dispute about liability - 100% her.
The Police were not particularly interested as she wasn't drunk/on the phone/faulty car etc so I can understand some of your frustration.
However, 34 months on, I have to ask if it is justice for yourself you are after or just revenge? Could you be sure that all the things you would like to raise in court will be heard, and what might be thrown back at you?
Personally I would settle and move on knowing that you have come across some prize aholes, and accept that the battle may not be completely winable.

 

[Keith Oates]

Although it may be difficult to accept the behavior of the driver and it's annoying you, I think the 'take the money' option is the one to follow!!!!!!!!!!!!!!!!!

 

[classic33]

I was twotted by a driver a couple of years ago though there was never any dispute about liability - 100% her.
The Police were not particularly interested as she wasn't drunk/on the phone/faulty car etc so I can understand some of your frustration.
However, 34 months on, I have to ask if it is justice for yourself you are after or just revenge? Could you be sure that all the things you would like to raise in court will be heard, and what might be thrown back at you?
Personally I would settle and move on knowing that you have come across some prize aholes, and accept that the battle may not be completely winable.

There are a number of things that can't be mention here, yet, due to the possibilty of it going to court.

The one thing that no amount of money can get me is the job lost as a result of being hit. The points I want raising would be raised, either by myself or him.

If it was revenge that was wanted, then that would be the easy option. Clamp the car. That would be too easy.
Prepared for what may be thrown back at me, but I feel he doesn't want what he's done dragging up in court.

 

[classic33]

Thanks to all for the support.