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Cyclist vs Landrover


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The running lights are amber LED's five down each side from memory visible from the sides.

 

The simple solution of course is not fitting more lights, it's people not running red lights..

 

How dare you suggest that cyclists should behave themselves and obey the highway code! Shame on you!

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He's been a tool from the start of the thread (not that I recommend you read it all again...)

 

I've sent a counterclaim back, I'm claiming £5 for dents and scratches, £5 for required sedatives (whiskey) and "as much in the way of costs and loss of earnings as I can screw out of the lying little toad assuming he's foolish enough to proceed"

 

Maybe commonsense will prevail.

 

 

I don't think much of your taste in whisky if you only want a fiver for it :D

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Obelix, assuming you have relevant evidence (did you take photos of the guy/bike on the night? was there a police or other independent report/witness?), find and take a bit of legal advice (free or otherwise) and ask about hitting him with a Part 36 CPR offer without prejudice save as to costs.

 

If he doesn't take it and loses, or doesn't take it and wins but gets less than the offer, you get your costs at indemnity (and if your time addressing the matter costs £200 per hour...hey-ho) :twisted:

 

Surest (not foolproof, but pretty cogent) way of disrupting a no-win no-fee CFA if he has one in place with a legal firm, as that approach severely increases the costs risk to them (the 'no fee' bit, as they'd the ones footing the costs bill at indemnity ;)).

 

[that's why you have to be pretty sure about a win, pitch the offer just a smidge over what he'd get if he wins or loses (ALL things -incl.evidence- considered, i.e. not necessarily £3k and his costs, the offer could instead be -if you're 100% sure to win- that you'll bear your costs if he walks now and undertakes never to take a 2nd bite of the cherry), and that's all why you should take some professional advice about it, as it's nearer the high-risk high-reward end of the tactics spectrum].

Edited by L00b
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Obelix, assuming you have relevant evidence (did you take photos of the guy/bike on the night? was there a police or other independent report/witness?), find and take a bit of legal advice (free or otherwise) and ask about hitting him with a Part 36 CPR offer without prejudice save as to costs.

 

If he doesn't take it and loses, or doesn't take it and wins but gets less than the offer, you get your costs at indemnity (and if your time addressing the matter costs £200 per hour...hey-ho) :twisted:

 

Surest (not foolproof, but pretty cogent) way of disrupting a no-win no-fee CFA if he has one in place with a legal firm, as that approach severely increases the costs risk to them (the 'no fee' bit, as they'd the ones footing the costs bill at indemnity ;)).

 

[that's why you have to be pretty sure about a win, pitch the offer just a smidge over what he'd get if he wins or loses (ALL things -incl.evidence- considered, i.e. not necessarily £3k and his costs, the offer could instead be -if you're 100% sure to win- that you'll bear your costs if he walks now and undertakes never to take a 2nd bite of the cherry), and that's all why you should take some professional advice about it, as it's nearer the high-risk high-reward end of the tactics spectrum].

 

 

It is a thought it must be said - I don't know that he has a CFA in place as the summons etc is written in a distinctly non legal tone. I think he's just trying it on - or more to the point that his insurers have decided not to pay out and he's trying another way of getting it back. I did have a sniff off them asking about the accident and they sounded surprised at my version of it - the quote was "You account is very much at variance with what our insured has said - are you prepared to place that in writing?"

 

I'm just trying to figure out what I can make it cost him. With sufficient persuasion he should drop it since it was undeniably his fault. Even the police were asking if I wished to proceed with charges against him but I don't like kicking a man when he's down. Perhaps I should have done...

 

---------- Post added 20-05-2015 at 12:27 ----------

 

Pay him 2k for the crumpled bike you crushed and 500 for the trauma and loss of earnings. Only fair.

 

Oh be quite you silly little mouse.

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It is a thought it must be said - I don't know that he has a CFA in place as the summons etc is written in a distinctly non legal tone. I think he's just trying it on - or more to the point that his insurers have decided not to pay out and he's trying another way of getting it back. I did have a sniff off them asking about the accident and they sounded surprised at my version of it - the quote was "You account is very much at variance with what our insured has said - are you prepared to place that in writing?"

 

I'm just trying to figure out what I can make it cost him. With sufficient persuasion he should drop it since it was undeniably his fault. Even the police were asking if I wished to proceed with charges against him but I don't like kicking a man when he's down. Perhaps I should have done...

 

---------- Post added 20-05-2015 at 12:27 ----------

 

 

Oh be quite you silly little mouse.

 

Did you run over him or Not? If not then why did his bike Crumple? He just ran into your trailer Right? I'm trying to picture it. It seems an odd thing to do.

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No need to be rude. Only asking.

 

You were told at the beginning of the thread months ago. But since you seem to have "forgotten" let me spell it out for you.

 

He jumped a red light

 

He ran into a lit trailer (and please let's not start the trailer lighting requirements again)

 

He did not have right of way.

 

I had right of way.

 

He was lucky to live, mainly because I stopped and didn't drag a three and a bit ton trailer over him. He was "run over" to the extend that he was dragged under the trailer.

 

He had no lights on, and was wearing black/dark clothing.

 

He admitted liability at the scene.

 

He's now chancing it with a court claim because he doesnt want to have to pay for his mistake.

 

That's about the sum total of it.

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