Should I or shouldn't I?
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From: The Todal on 4 Jul 2008 06:53 "Tom Crispin" <kije.remove(a)this.bit.freeuk.com.munge> wrote in message news:2j0r64pds717fnd3p9vonvpou6tkdv6nm0(a)4ax.com... > On Fri, 4 Jul 2008 00:21:50 +0100, "R. Mark Clayton" > <nospamclayton(a)btinternet.com> wrote: > >>> My no win - no fee solicitors have suggested that I give a counter >>> offer of �5,100 with a 05% v 95% liability - meaning I would receive >>> �4,845, and admit that I was 5% to blame for the accident. >> >>Overtook a slowing van; silly of him, pretty silly of you. > > The van was stuck in traffic at red lights. > > It took the opportunity of no oncoming traffic (due to the lights) to > pull out to the right 50m ahead of a loading bay on the right. He > must have passed one or two stationary cars before turning into me > from behind, his wing mirror clobbering me on the back of the head, > and then proceeding to drive over my bike's front wheel. > > There is little doubt that the driver was 100% to blame for running me > over. > > His only defence is that he was indicating at the time that I passed > him and that I was driving [sic] too fast. > > He was not indicating at the time that I passed him, and my speed was > about 12 mph. > > The simple facts are that he didn't look properly before turning right > across two sets of zigzag lines at a pedestrian light crossing, and he > did not indicate in any way that I could see, therefore I could not > have reasonably predicted the manoeuvre he was about to undertake. > > For further details see: > www.johnballcycling.org.uk/misc/rundown I see no reason why you should agree any contributory negligence, but 5% would be a negligible concession and would help to persuade them to agree liability thereby getting it out of the way. As to the value of your claim it sounds as if your lawyers reckon your general damages are worth 5k and they are adding a nominal 100 pounds either for interest or for travel and incidental expenses. Or was it for the cost of repairs to the bike? A valuation of 5k implies that you are fully recovered now, with no continuing discomfort or limitation of movement. Is that the case?
From: bugbear on 4 Jul 2008 08:57 Paul Boyd wrote: > > Entirely up to you, of course! From what you describe though, I can't > see how you can be in any way to blame. Sadly, there's a massive difference between "legal" and "natural justice". Courts (bizarrely) are often keener on agreements than court cases, and (therefore) view someone refusing a reasonable offer in quite poor light. Courts are also (surprisingly) not interested in principles. So, stink though it might, I would take the 95% and run. As other people have pointed out, however, is the 5100 amount (of which the percentage is a part) right? 5% of e.g. 8000 is more money than 100% of 5100. BugBear
From: Andy Leighton on 4 Jul 2008 09:28 On Fri, 04 Jul 2008 13:57:56 +0100, bugbear <bugbear(a)trim_papermule.co.uk_trim> wrote: > So, stink though it might, I would take > the 95% and run. Yes but that isn't on the table yet. -- Andy Leighton => andyl(a)azaal.plus.com "The Lord is my shepherd, but we still lost the sheep dog trials" - Robert Rankin, _They Came And Ate Us_
From: bugbear on 4 Jul 2008 09:47 Andy Leighton wrote: > On Fri, 04 Jul 2008 13:57:56 +0100, > bugbear <bugbear(a)trim_papermule.co.uk_trim> wrote: >> So, stink though it might, I would take >> the 95% and run. > > Yes but that isn't on the table yet. Damn. You're right. Apologies for not reading carefully. BugBear
From: Jeremy Parker on 4 Jul 2008 10:09
Don't forget that almost anybody could be reading this newsgroup/these newsgroups, including the other side in Tom's case. Hopefully, if they are reading this, all they've learned is that Tom has a good case, but perhaps it's not a good idea to discuss tactics too much. Jeremy Parker |