caveman down :(

DKM said:
Did the Police attend at the scene?
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nope, just down the road from Shettleston Police station, but none about... few cars and bikes went passed but no-one stopped.. schools had just let out, so couple of schoolkids handed me bar end and other bits off of road, but no adult witnesses...
unfortunately, i've been severely disabled a few years both with chronic pain and an anxiety disorder/agoraphobia - i'd got the bike as a way of getting out and about and socialising a bit more, and was only recently at the point after physio etc i was able to ride with confidence - guess that's what made it suck even more - i knew i'd hurt the shoulder a bit, but i just wanted to get home more than anything, so rode home after getting the details, ringing her mobile and speaking to her daughter in the car to make sure it was her etc...
dunno if you know Shettleston road, but i'd just left Eastbank health centre and hadn't even reached the police station - it's hardly a road you can go fast on.... i'd just passed a first choice 62 and was watching out for numpties running out in front of the bus or pulling out from side roads - i wasn't so much banking on someone coming the other way just turning straight across my side of the road...!
still, an interesting lesson, and will see how it pans out with determination, and as much good humour as i can muster - i know i'm in the right, so guess we'll just have to see...
 
I wish you well on this.
Its a bugger when you KNOW YOU ARE IN THE RIGHT & the law/insurance companies try & twist it.
I personnally would be going at the insurance company at full steam. ITS MY NATURE, and for the same reasons as you state. JUST TO SEE THAT WOMANS FACE IN COURT.As you know my ASBO situation is still ongoing & I am not dropping that.
I hope a positive result comes out of your court visit if it gets to that
I am sure you will get a lot of usefull advise from people on this forum. I certainly did when I posted regarding my ASBO dilema.
With this information from the DUN & SDC members I was able to progress the matter.
All, the best mate & again I wish you well.
 
Sounds as if the Third Party has concocted their own version of the incident with a view perhaps that this will help their no claim bonus.
Because the Insurers are offering a 50/50 settlement the irony is that it makes no difference at all to her. Her bonus will still be affected and the only practical difference to her is that (assuming she wasn't injured) she will only pay half her excess for any of her own repairs.
The letter from the solicitor is about spot on.
If there is no corroborating evidence (none of the school kids saw anything?) then if it ran to court it is down purely to who is more credible and the outcomes are as per the letter.
At the moment you have nothing to lose by letting this run and I would suggest you don't agree to any settlement until the long term extent of your injuries are determined.
You have 3 years from the incident to raise proceedings so you needn't rush.
Other 2 bits of advice is that firstly it is normal people feel as you do that you have been wronged and you want 100% compensation but think carefully about the practicalities and what you may lose (ie 50%) and go into this with a clear head.
Secondly for every 10 court actions that are raised in any civil matter probably only a couple actually make it into court.
The vast majority are settled usually in the weeks running to the actual moment when you have to step through the doors. It becomes a game of brinkmanship. The fact is that the legal costs are likely to exceed any award and the Insurers know this. If they think you are determined to run with it then they will look at the "extra" 50% compared to their potential costs and make a business decision at that point.
The initial exchanging of letters between both solicitors is routine and it is only when the initial proof/hearing happens that both sides see the colour of the opponents eyes and start to form a view as to how serious the other is and what the chances are. That is when the real decisions tend to be taken.
If you want to drop me a pm feel free.
Hope you make a speedy recovery which is the important bit!
 
I wish you good luck with this as well.

Are you back to pre-accident levels of fitness? I think that given the same circumstances, I share your and Chiz's opinon - I would want to look into her eyes and see that woman lie in front of the judiciary.

Even if you lose, one good thing will come from it - the memory of an appearance in court might mean she starts looking for other vehicles that aren't cars before she turns right across traffic.
 
Were there any photo's of the scene to inducate your road position? i.e. if you were undertaking then your position would be closer to the nearside kerb
Were there any road disfigurations/damage as a result of the accident to help give and indication of the position of the vehicles?

If you were undertaking then surely the vehicle you were undertaking would have been present at the accident and therefore a supplier of witness statement.
The fact that there are no other witness statements would suggest that no other vehicles were in the proximity when the accident occurred - surely?

Good luck with it
 
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alane said:
Were there any photo's of the scene to inducate your road position? i.e. if you were undertaking then your position would be closer to the nearside kerb
Were there any road disfigurations/damage as a result of the accident to help give and indication of the position of the vehicles?

If you were undertaking then surely the vehicle you were undertaking would have been present at the accident and therefore a supplier of witness statement.
The fact that there are no other witness statements would suggest that no other vehicles were in the proximity when the accident occurred - surely?

Good luck with it Chiz
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to answer your questions:


no - i'd just left a 3 hour course where my cameraphone was switched off, i didn't have the presence of mind to take pics :(

no markings on the road, not going fast enough to damage anything, the bike slid to a stop on Shettleston rd blocking the side road, so i picked it up and moved it a few feet, as the traffic was starting to build up.

your point about there would have been a witness if there was another vehicle there is a damn good one - thank you for that.


it took them nearly 3 months to produce an accident diagram, and it does seem cynically concocted - hate to stereotype, but i'm hardly some young guy tearing about on an old bit of jap crap - i'm a guy in his 40s, who still has his IAM newsletters neatly filed from ten years ago, and simply can't/won't ride like a nutter... am a lot more careful with the bike than i am even with myself...
 
If you were undertaking then she would have pulled in front of 2 vehicles, not just yours, which would be even more stupid!
 
My take on it would be to go all the way. Check for school kid witnesses, just to be able to say you have them might help with any memory issues the driver may be having and there might be a change of tact.

Good luck with it....... but luck shouldn't need to play it's part.
 
some good advice and points made here and I wish you the best of luck with it... for what it's worth I would also go with it and take it all the way. more importantly though I hope you make a full recovery soon:)
 
bobsyeruncle said:
If you were undertaking then she would have pulled in front of 2 vehicles, not just yours, which would be even more stupid!
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Excellent point, her story just doesn't stack up. If it does get to Court (and with a story like that to rely on I can see the other side throwing in the towel long before then) she will probably make a terrible witness.
 
All the best with the case. You've got some good advice from various people on here so take it all the way.

Good to meet you on Thursday night. Sorry to hear you're selling the Monster, it was looking great. Good luck with that too and remember, even if you don't have the bike you'll still be welcome at the meetings and keep in touch on the forum.:D
 
the waiting game...

ach well, insurance investigation should be done by tomorrow if they've stuck to their 'urgent' timescale that 3rd party insurers have promised my lawyer, although it could be another week after that in SOP, before lawyer ends up having to chase again...

now well over three months - if i had just accepted the 50:50, i'd probably have been paid out by now, but it quite simply wasn't my fault, and i'm a stubborn SOB... least i've done well on physio, co-ordination nearly back, bit of a way to go on strength, but only a bit of numbness in hand and forearm - got a tablet that's been a wonder drug for the nerve pain..flat is filled with different sized balls, exercise putty and different fabrics/textures to rub against numb areas to try and get feeling back...

meantime, bike has to go - see my other thread...

who knows? if justice is done, maybe i'll be eyeing up an 848 - or another 696, or an S2R in a few months... :D

sorry for moaning on about it, think i have come to accept bike simply has to go for now...
 
still ongoing...

have now had insurance medical assessment for injury/nerve damage, third party has changed story AGAIN :comp2: but plenty of discrepancies/physical impossibilities etc. in her statements...

should find out in next 2-3 weeks if 3rd party insurers foolish enough to take it to court...:boxing:

meantime, just window shopping, but do think the 796 hyper looks kinda nice.. :);)
 
DKM said:
What's her new story?
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describes main road into town as the minor road rather than the side street, has a vehicle that i allegedly undertook (where road not physically wide enough to do so even were i irresponsible enough to even try..) then somehow magically teleporting over me and the bike in the road to block her way, solid parked cars in areas of double yellows and also immediately both sides of pedestrian crossing.. 3rd party also apparently has ability to see round corners at over 100metres distance..few other bits and bobs that simply don't make sense...
been a frustrating wait for procedure, but has just been a case of keeping on giving them enough rope...
 
captain caveman said:
describes main road into town as the minor road rather than the side street, has a vehicle that i allegedly undertook (where road not physically wide enough to do so even were i irresponsible enough to even try..) then somehow magically teleporting over me and the bike in the road to block her way, solid parked cars in areas of double yellows and also immediately both sides of pedestrian crossing.. 3rd party also apparently has ability to see round corners at over 100metres distance..few other bits and bobs that simply don't make sense...
been a frustrating wait for procedure, but has just been a case of keeping on giving them enough rope...
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The phrase clutching at straws springs to mind. Do make sure that your lawyer lodges photographs of the street prior to the hearing so there can be no argument about the road layout, what she would and wouldn't have been able to see, etc.
 
legal proceedings commenced - under new Scottish guidelines regarding personal injury cases (Nov 2009), should be no more than 9 months to conclusion - lawyer says she's always felt it winnable, and any possible settlement should be more than enough for another shiny new Ducati... :D

soo, cutting it close for the midgie masher.. but since it's running over my birthday, and last summer's riding obliterated by a broken shoulder, have half a mind to hire a guzzi or something and tag along, if you'll have me... :)

hope all well with one and all - i really miss riding:flash:, and nerve damage in right hand def getting better... :)
 
Hi Caveman,

Long time no see .............That,s good things are working out and your on the mend .

Maybe see you at the Masher ..
 
kennybrown said:
Hi Caveman,

Long time no see .............That,s good things are working out and your on the mend .

Maybe see you at the Masher ..
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I'll second that.:D
This case has dragged on & on.:mad:
We always knew it was winnable.
Hope it all gets sorted & we see you sitting back on a Ducati.:thumbs::thumbs:
 
Good news on both fronts there then with the case and with the mending of the injuries :)

Hope to see you at the masher :flash:
 
thank you

would've been all over by now if i'd accepted the 50/50 offer, but i know i was in the right - i've even been sad enough to look up and quote the pages concerned from 'Motorcycle Roadcraft' to explain my road positioning...

if i'd been a less experienced and capable rider i would have simply collided into the side of her vehicle, and it's only my IAM training that stopped things from being worse, imho...

oh, and my 25 yrs of having had a car licence without a single penalty point, 15 years of a full motorcycle licence, my lack of 'own fault' or even 50/50 accident claims in all the time I have been insured - cars and bikes alike, stand me in reasonable stead...

nonetheless the burden of proof required is still that i disprove 3rd party's credibility, so won't be certain til the thing's completed...

so saying, hmmm...... selling my car could still buy me a decent 2nd hand 996 or a particularly nice SS or something and change... ;):flash::D
*puts sensible hat back on, tries to suppress wicked side* :D

nice to pop on and say hi - miss the nice folks on this forum and only really get to keep up to date on folks from here who are facebook friends...

wishing you good riding weather and lots of fun!

CC
 
Good luck CC, hopefully the court will mention the charge of "wasting time" from her.
Didn't they already produce an accident diagram some time back? so surely her change in story would be contra to that previous diagramatic account.
 
alane said:
Good luck CC, hopefully the court will mention the charge of "wasting time" from her.
Didn't they already produce an accident diagram some time back? so surely her change in story would be contra to that previous diagramatic account.
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yep..change(s) in story indeed - both at scene and on telephone to lawyer within a few days of her causing accident she couldn't be apologetic enough - trusting 3rd party to be honest was my big mistake, as story has changed more than once, 3rd party insurers bouncing it round for months didn't help either...just received latest responses today, so bit more paperwork to do tomorrow after my 24hr calming off period...it is documented that much of my upset and the reason i still video record every journey i now make with a motion sensing recorder and sony bullet cam was the shock at story changing and how long 3rd party insurers have stalled....

it has dragged on, but the courts do have a backlog, the nov legislation is both helpful and hopeful that at least it'll be sorted this year...

will keep posting as i know more, but may be a while, just got to let it run its course, and if i do get my day in court and be able to look her in the eye, then so much the better...:)

thanks again for replies, people.
 
Good luck with the case and the injuries - I had nerve damage in my arm after some idiot rear ended my car - it has got better it just seems takes a long while!
 
Hooligan said:
Good luck with the case and the injuries - I had nerve damage in my arm after some idiot rear ended my car - it has got better it just seems takes a long while!
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thanks, yep, same here - keep doing the exercises and is getting better/numb area getting smaller, but co-ordination still a bit crap.. insurance medical reports said 2 years for nerve damage, but should make full recovery...doing all i can to make it that way :)

(edit: i was actually rear ended on a bike by cars twice at junctions in the 90s, while too much traffic to enter roundabouts... - once i got all brakes on and stayed in the seat, once did a backward roll and landed on my feet, albeit with bike on floor - am sure i couldn't replicate it if i tried!)
 
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CC
If you are looking to do the masher but you are without a bike I can probably get you a loan of my old ST2 for the weekend....Its not a 1098 but its still red and ducati!!....just a thought at this stage:D Let me know what you think mate...:D
 
BruceCampbell said:
CC
If you are looking to do the masher but you are without a bike I can probably get you a loan of my old ST2 for the weekend....Its not a 1098 but its still red and ducati!!....just a thought at this stage:D Let me know what you think mate...:D
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Bruce

what i think is that you are *incredibly* kind for offering, and showed me why i was glad to join this forum/club in the first place - as for the MM - maybe if it needs me taxing/mot fee-ing it, and/or offering you a damn fine bottle of malt as a thank you or whatever is something we'll have to discuss... :)

never even sat on an ST2, but admired the paso engine in racing form..lol, bit heavier than 696, and heavier, but faired to keep the midges off..they look great though..!

:flash: few big appointments this week - will check with lawyer what i'm allowed to publish this week, but do want to keep you guys posted...planning to do IAM car test both for pleasure and maybe to prove something soon too...

but Mr BruceCampbell, you are a gentleman sir - i'll private message you soon, and check out related practical stuff...insurance yadda yadda...but i knew there was a reason i spent £700 on alpinestars and £500 on dainese after my spill, time i got back in the saddle..in a lot of ways...

(sorry so late, big thing at 16:15 today, still making/ordering notes.. few years work and more to summarise)
 
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