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From: Sniper8052 on 10 Jul 2008 04:46 On 10 Jul, 09:07, "goo...(a)woodall.me.uk" <goo...(a)woodall.me.uk> wrote: > On Jul 9, 11:29 pm, Tom Crispin > > <kije.rem...(a)this.bit.freeuk.com.munge> wrote: > > On Wed, 9 Jul 2008 21:00:08 +0000 (UTC), Tim Woodall > > > <devn...(a)woodall.me.uk> wrote: > > >On Thu, 03 Jul 2008 19:28:49 +0100, > > > Tom Crispin <kije.rem...(a)this.bit.freeuk.com.munge> wrote: > > >> I have been offered £5,100 settlement > > >Is the funny amount to keep it out of the small claims track and > > >therefore have the potential for a costs award if their final offer is > > >better than the court awards? > > > No idea. If £5,000 the limit for the small claims court? If so I > > will be seriously worried about the validity of their assessment. > > http://www.sfla.co.uk/litigation/small-claims.htm > > Tim. That advice is for all small claims, as I said earlier Personal Injury Small Claims is £1000 The Small Claims limit for personal injury compensation cases is £1000. This level of personal injury compensation relates to minor injuries only and if your injury has / is likely to cause you more than a few weeks of pain you can instruct Thompsons to deal with your case on a cost free basis to yourself. http://www.thompsons.law.co.uk/other-services/small-claims-court-fact-sheet..htm Sniper8052
From: Sniper8052 on 10 Jul 2008 05:02 On 9 Jul, 21:21, Alex Heney <m...(a)privacy.net> wrote: > On Wed, 9 Jul 2008 02:58:14 -0700 (PDT), "Sniper8...(a)yahoo.co.uk" > > > > <Sniper8...(a)yahoo.co.uk> wrote: > >On 8 Jul, 12:05, %ste...(a)malloc.co.uk (Steve Firth) wrote: > >> Sniper8...(a)yahoo.co.uk <Sniper8...(a)yahoo.co.uk> wrote: > >> > On 7 Jul, 21:23, %ste...(a)malloc.co.uk (Steve Firth) wrote: > >> > > Nick Finnigan <n...(a)genie.co.uk> wrote: > >> > > > If the act of opening the door (rather than leaving it open) causes > >> > > > him to stop, then the other road user can not reasonably and safely take > >> > > > avoiding action. > > >> > > Errm if the act of opening the door causes someone to stop then the > >> > > other user has demonstrably been able to safely take the appropriate > >> > > avoiding action, which was to stop before hitting the obstruction. > > >> > The offence is opening a car door to danger. The danger exists > >> > whether or not the person approaching avoids the danger. If a driver, > >> > or passenger for whom the driver is responsible, causes a person to > >> > stop or swerve to avoid a collision that would have occurred had they > >> > not taken avoiding action in the face of immanent danger then the > >> > driver is still liable for the offence. If in taking avoiding action > >> > a collision occurs with another road user the driver of the first > >> > vehicle will still be liable. > > >> And you have a precedent for this, do you? > > >Nearly 15 years experience as a police officer any good? > > No. > -- > Alex Heney, Global Villager > Why did Kamakazie pilots wear helmets??? > To reply by email, my address is alexATheneyDOTplusDOTcom Mr B Mr B was 16 years old and working as a motorcycle courier. As he was driving his scooter, the door of a parked van opened into his path and forced him into the opposite carriageway where he was struck by a motorcycle coming in the opposite direction. Mr B sustained catastrophic head and spinal injuries. We sued both the van driver and Mr B's employer, the latter having provided a vehicle which Mr B was too young and untrained to ride, and effectively the means for him to have a serious accident. Days before the liability trial, both Defendants jointly accepted 90% liability for the Claimant's accident. Mr X Our client was cycling when the driver of a parked car opened the door and knocked him off his bike. Our client suffered a major head injury and had to give up work. There were complex issues regarding his future earning capacity. He received £500,000 compensation. 'Recently, I acted for a client who was an experienced cyclist but who was caused to fall from her bike after a bus brushed past her. The bus did not knock her off her bike, but caused her to wobble and ultimately lose her balance. She then fell into the road and a motorcyclist ran over her arm, causing a nasty fracture to her elbow.' 'The bus company denied it was their fault because they said the bus never actually made contact with my client. In addition, they blamed the motorcyclist for running over her arm. The motorcyclist's insurers blamed the bus driver because he was the one to cause my client to lose her balance in the first place. In the end, the case went to trial and the judge decided that the bus driver was 70% to blame, and the motorcyclist was 30% to blame for driving too close behind my client.' 'These days, very few cases go to trial but it is common for insurance companies to deny liability for accidents in order to discourage people from bringing claims. This is why you need a specialist compensation claim solicitor who can pursue your claim for you and ensure you obtain all the compensation that you are entitled to.' Marion Hilder (solicitor) Bolt Burdon Kemp, London http://www.theroadaccidentlawyers.co.uk/cyclists.php Not exact citations but they show the principles of contributory negligence and opening car door to danger. Sniper8052
From: google on 10 Jul 2008 05:03 On Jul 10, 9:46 am, "Sniper8...(a)yahoo.co.uk" <Sniper8...(a)yahoo.co.uk> wrote: > On 10 Jul, 09:07, "goo...(a)woodall.me.uk" <goo...(a)woodall.me.uk> wrote: > > > > > On Jul 9, 11:29 pm, Tom Crispin > > > <kije.rem...(a)this.bit.freeuk.com.munge> wrote: > > > On Wed, 9 Jul 2008 21:00:08 +0000 (UTC), Tim Woodall > > > > <devn...(a)woodall.me.uk> wrote: > > > >On Thu, 03 Jul 2008 19:28:49 +0100, > > > > Tom Crispin <kije.rem...(a)this.bit.freeuk.com.munge> wrote: > > > >> I have been offered £5,100 settlement > > > >Is the funny amount to keep it out of the small claims track and > > > >therefore have the potential for a costs award if their final offer is > > > >better than the court awards? > > > > No idea. If £5,000 the limit for the small claims court? If so I > > > will be seriously worried about the validity of their assessment. > > >http://www.sfla.co.uk/litigation/small-claims.htm > > > Tim. > > That advice is for all small claims, as I said earlier Personal Injury > Small Claims is £1000 > > The Small Claims limit for personal injury compensation cases is > £1000. This level of personal injury compensation relates to minor > injuries only and if your injury has / is likely to cause you more > than a few weeks of pain you can instruct Thompsons to deal with your > case on a cost free basis to yourself. > > http://www.thompsons.law.co.uk/other-services/small-claims-court-fact... > > Sniper8052 Just seen your earlier post. Very good! Unfortunately, when at home I filter out all google groups posts (including my own :-) so I've only just gone back and found it. Tim.
From: Sniper8052 on 10 Jul 2008 05:11 On 10 Jul, 10:03, "goo...(a)woodall.me.uk" <goo...(a)woodall.me.uk> wrote: > On Jul 10, 9:46 am, "Sniper8...(a)yahoo.co.uk" <Sniper8...(a)yahoo.co.uk> > wrote: > > > > > On 10 Jul, 09:07, "goo...(a)woodall.me.uk" <goo...(a)woodall.me.uk> wrote: > > > > On Jul 9, 11:29 pm, Tom Crispin > > > > <kije.rem...(a)this.bit.freeuk.com.munge> wrote: > > > > On Wed, 9 Jul 2008 21:00:08 +0000 (UTC), Tim Woodall > > > > > <devn...(a)woodall.me.uk> wrote: > > > > >On Thu, 03 Jul 2008 19:28:49 +0100, > > > > > Tom Crispin <kije.rem...(a)this.bit.freeuk.com.munge> wrote: > > > > >> I have been offered £5,100 settlement > > > > >Is the funny amount to keep it out of the small claims track and > > > > >therefore have the potential for a costs award if their final offer is > > > > >better than the court awards? > > > > > No idea. If £5,000 the limit for the small claims court? If so I > > > > will be seriously worried about the validity of their assessment. > > > >http://www.sfla.co.uk/litigation/small-claims.htm > > > > Tim. > > > That advice is for all small claims, as I said earlier Personal Injury > > Small Claims is £1000 > > > The Small Claims limit for personal injury compensation cases is > > £1000. This level of personal injury compensation relates to minor > > injuries only and if your injury has / is likely to cause you more > > than a few weeks of pain you can instruct Thompsons to deal with your > > case on a cost free basis to yourself. > > >http://www.thompsons.law.co.uk/other-services/small-claims-court-fact... > > > Sniper8052 > > Just seen your earlier post. Very good! Unfortunately, when at home I > filter out all google groups posts (including my own :-) so I've only > just gone back and found it. > > Tim. Have just gone back and re-read that myself and I should correct the ambiguity to read that in a normal claim for more than the small claims limit you will have to pay the costs of the other side if you win and are awarded a lesser amount than has already been offered. The small claims route has no liability to the other side's costs as far as I am aware. Sniper8052
From: Alex Heney on 10 Jul 2008 16:55
On Thu, 10 Jul 2008 02:02:15 -0700 (PDT), "Sniper8052(a)yahoo.co.uk" <Sniper8052(a)yahoo.co.uk> wrote: >On 9 Jul, 21:21, Alex Heney <m...(a)privacy.net> wrote: >> On Wed, 9 Jul 2008 02:58:14 -0700 (PDT), "Sniper8...(a)yahoo.co.uk" >> >> <snip> >> >> > The offence is opening a car door to danger. The danger exists >> >> > whether or not the person approaching avoids the danger. If a driver, >> >> > or passenger for whom the driver is responsible, causes a person to >> >> > stop or swerve to avoid a collision that would have occurred had they >> >> > not taken avoiding action in the face of immanent danger then the >> >> > driver is still liable for the offence. If in taking avoiding action >> >> > a collision occurs with another road user the driver of the first >> >> > vehicle will still be liable. >> >> >> And you have a precedent for this, do you? >> <snip> > >Not exact citations but they show the principles of contributory >negligence and opening car door to danger. thank you. -- Alex Heney, Global Villager Backups? We doan *NEED* no steenking baX%^~,VbKx NO CARRIER To reply by email, my address is alexATheneyDOTplusDOTcom |