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RobCBR600FS

Joined:

May 10

Posts: 23

RobCBR600FS says:

Accident at traffic lights - inaccurate witness statements?

Back in March I was involved in an accident approaching a set of traffic lights.

The road split from one lane into two, one lane for straight ahead, and the lane on the left was for traffic wishing to turn left at the lights.

I had moved over to the left hand lane and was approaching the lights when the 3rd parties car (which was 5 cars back - in the attached photos her car was in the same position as the silver mini) pulled over without indicating and cut me up, hitting the bike and pushing me off and causing damage to my knee and calf where the bike fell on top of me.

The 3rd party has denied all liability and is saying that I was undertaking her to get to the front of the stationary traffic (even though I was turning left at the lights and not going straight on).

My problem is that the witness statement was taken from someone who was a further 4 cars back from her and his statement says that I was overtaking on the outside of the right hand lane on approach (you can see from the photo that there is a set of bollards, raised kerbs, and posts there so that would be impossible) and that I then cut in between 2 stationary cars and went down the left hand side of the 3rd parties vehicle and in his opinion the accident is my fault.  His view at 9 cars back from the lights is the same as that in the 2nd photo.  He also states that he didn't see any indicator lights on the bike however he couldn't tell if the wider, higher up indicator lights on the car were on or not.......

Personally I think its the biggest load of b/s I've ever heard however with the solicitors now preparing the case for court how much weight will a witness statement (inaccuracies et al) have on the final outcome?

 

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  • Posted 4 years ago (17 June 2011 13:04)

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NORTHERNHELLBOY

Joined:

Feb 10

Posts: 872

CHECK THE WITNESS..

Hi,

this seems quite straight forward, and reminds me of a case some time ago, quite similar.  the "independant" witness was later found not only to be a work collegue, but a family friend, and thus could not be deemed reliable.  This is quite common in traffic in and enroute to large developments or industrial estates.

So, check that the 3rd party and any witness do NOT know each other first, otherwise it might explain their "view point" and statement?

good luck

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NutMagnet

Joined:

Jul 09

Posts: 17

NutMagnet says:

Accident at traffic lights - inaccurate witness statements?

"On a slightly separate issue someone mentioned getting the cheapest 3rd party insurance cover for the bike claiming to do under 1,000 miles a year whilst it is off the road to build up no claims whilst it is sat there doing nothing. Are there any problems / issues in doing this"


Hi Rob..

I realise you want to build no-claims but the cost of insuring the bike while you have an outstanding claim might not be cost effective.. I think the insurance companies will look at you as a no claims rider and a previous accident on record..

Nothing stopping you trying some of the compare sites to see how they come out..:dopeyhmmmm:

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RobCBR600FS

Joined:

May 10

Posts: 23

RobCBR600FS says:

Phonecall from solicitors

Have received a phonecall from my solicitors today saying that they have been given a photo of the location of the bike which shows that it was at the back of the filter lane, and as such they want to send an offer of split liability to the defendant with 80% of it being against me and 20% against her.

To say I am pissed off with this is a MASSIVE understatement but really not sure where I go from here as I do not want to accept this at all.
I've asked her to put the photos in the post to me but they seem to be approaching this from the angle of "if it goes to court it could go against you so we advise you to accept this offer of 80% against you."

GRRRRRRRR

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smidget

Joined:

Nov 07

Posts: 2454

smidget says:

Rob

So now why don't you contact ACIC who posted on page one, fourth person to respond to your question.


You can change solicitor at any point during you claim.

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RobCBR600FS

Joined:

May 10

Posts: 23

RobCBR600FS says:

Cost

Wouldnt this mean I'd then have to pay 2 lots of solicitors fees then if the case went to court?

I am absolutely skint as it is without demands from (rubbish) solicitors landing on my matt for work that they've done in preparing this case.
I'll send ACIC a message and see what he has to say but I really want to see the content / photos from this letter first.
I know damn well the accident was not at the back of the filter lane.

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AdieR

Joined:

Apr 08

Posts: 3042

AdieR says:

"Photo shows the bike

was at the back of the filter lane" - is that before or after the smash?

As far as I know you can change solicitors without charge (if you have legal services / assistance on your insurance that should take care of the bill anyway); bear in  mind that using the insurers legal representation, you might necessarily get a lawyer, but merely a "claims handler" who aren't that clued up.

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Amateurcynic

Joined:

Jun 09

Posts: 1053

Amateurcynic says:

Adie's Right

You can change your solicitor at Anytime with no "extras". All you have to do is contact ACIC (sounds like you're going to) and they'll sort the rest. Certainly sounds like it'll be a prudent move to getting it sorted mate!

Best of luck with it:smile

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NutMagnet

Joined:

Jul 09

Posts: 17

NutMagnet says:

Accident at traffic lights - inaccurate witness statements?

Hi Rob,

there's a member here on the forums that might be able to advise you.

ACIC... Andrew Campbell, Solicitor MCN's legal expert and MCN Law columnist.


He posted way back on here on page 2 and asked if this had been resolved.


Paul

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RobCBR600FS

Joined:

May 10

Posts: 23

RobCBR600FS says:

ACIC

Thanks for everyone's reply.

Last week I formally instructed the solicitors to hand the case file over to ACIC so that he can handle this case from now on.
*fingers crossed*

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