Got a partial result in court this morning - from my prang last year - 75% in my favour, which is better than the 50-50 his insurance was offering. Unfortunately my independant witness went from "yes he definitely started to turn left then turned right in front of you", at the scene, to "I can't remember if he moved left first" in court today. Still the payout covers the cost of repairs to the XJ and my jacket and the new helmet, iwth a couple of hundred quid left over, and I've still got the XJ -- Stu XJ900 YTC#11 OSOS#23 pull my plonker when replying
The police will provide you with a copy of the the statement you gave at the time to allow you to refresh your memory before you take the stand -- Alex SRX 400 "I laugh in the face of danger" "Then I hide until it goes away" www.drzoidberg.co.uk
People turn up, read their statements and then say completely different things. I've had people swear blind they saw everything, yet when they turn up in court it's "well actually all I saw was him lying in the road, but it's obvious what happened" Yes I know that - unfortunately what he said to me at the time was not what he wrote in his statement, which was vague to say the least -- Stu XJ900 YTC#11 OSOS#23 pull my plonker when replying
If they're only paying 75% of your costs, how does that cover everything with money left over? Also when an insurance claim goes to court, who pays the costs?
Most insurance policies have built-in legal cover, anything from £10-£30. This pays for all your legal costs (solicitor, court fees, barrister etc etc). The 75% means that the court says I was 25% to blame, the other party was 75%. So if the total I was claiming from his insurance co. for the write-off, new helmet etc was £1000, I'd now get £750 - instead of 50% which was what they were offering on an equal blame basis. The XJ cost me about £300 to repair, mainly second hand bits. A new helmet was £180, jacket was £55 to repair. I'm getting about £790. The XJ is back on the road and I could probably sell it for about £600 now. -- Stu XJ900 YTC#11 OSOS#23 pull my plonker when replying
Quick question - what happens to your NCB if you're found partially to blame - do you lose the whole lot, just a year or what? Thanks.
Curses!! I'm in the middle of a claim at the moment and one of the things we're claiming for is my NCB. Apparently if she's found at fault then I'll get my NCB and my excess back. I was wondering what would happen if partial blame was apportioned to me. But it would seem that I'll lose it anyway for claiming. Thanks for clarifying.
Sorry for the delay - Chunky was turning left at a crossroads not indicating (slowed to a crawl, hugging nearside kerb) . As I went past him on the offside, he indicated and turned right in one movement, taking me out. Witness at the time said exactly this. At court said he couldn't remember if chunky had moved to the left, so according to the magistrate I must have been overtaking. -- Stu XJ900 YTC#11 OSOS#23 pull my plonker when replying
