He's taking the piss as the roads around here are shocking in places We know each other from a few years back and used to ride as part of a local group pre Ducati's. I would love to have some video but there are not any local cameras. I have looked myself all over the area and i have a source in Highways England who has also checked but they dont have any covering that particular slip road, theres are all at the bottom on the roundabout and face away from the slip ..... which i have also checked and would be no joy
Anyone want a project to rebuild over winter ........ one careful owner I seem to have done more damage than i remember as the headlight is also ground so thats 700 quid new ... oops One of the witnesses i have since spoken to did say the bike flipped end over end as it lobbed me so explains the damage to the top of the headlight and plastics there I note the pictures avoid the front wheel damage and the odo reading is completely wrong ...... seems to have changed to KM to make it look a 58000 instead of 36000 miles it actually was https://www.copart.co.uk/lot/44661808
Time for an update methinks ....... After almost 13 months of back and forth, surgery for injuries, recovery etc etc Highways England have finally offered to settle my claim for compensation but without an admission of liability which according to legal advice i will never get so the accident remains on my file as a fault claim for the next few years. The offer of compensation will cover the cost i incurred to replace all my damaged kit, my insurance excess and my injuries and is a figure i initially said privately i would be very happy with So, beers are on me boys and girls
Let me get this straight. HA don’t admit liability but they pay you a chunk of money to cover all your losses and expenses but it still sits as a claim by you against your insurance policy and thus affects your NCB?
That’s the size of it. How giving you a chunk of money (seemingly for no reason) doesn’t mean they accept liability is beyond my feeble brain.
Yeah pretty much .... and as j biker said there are legal requirements and clauses attached to the settlement. I have had a bit of an argument over it but thats the long and short and from a barrister i know trying to change that is pretty much impossible without lengthy and potentially expensive court procedure which if i decide to proceed with opens me up to also paying Highways Legal costs should i be awarded a sum less than they have already offered me Too much of a gamble and i did my research before about what level of compensation to expect for my own injuries from various internet sources
To me, them making an offer means their legal advice is to settle, otherwise they'll lose the case. We pay road tax, and in return for that, at the very least we should be able to expect roads that are fit for purpose for whatever vehicle we have. I'm not aware of any proviso's in the road tax contract saying to expect shite road surfaces. I don't blame you for accepting an offer of settlement...you've been through a lot and it's understandable you want to put this behind you. And I'm not a legal expert...but I know through experience that each time I've gone against my well paid legal advice to accept an offer and pushed harder, it's always paid off. In a fight, or in sport, if one side is winning, would they ever say "let's call it a draw"? Only someone who knew they were losing would say that.
Fair point However i have spent the last 28 years in a legal background and i understand exactly which fights to pick. I already beat them legally when they denied all liability last year and used legal clauses to prove their failure. I also researched expected injury payouts at differing levels and they got their estimate spot on at what i expected. I have pushed for more but they know where they are at with my medical evidence to date and gave me a little more almost as a "fair play, you have looked at this" ...... but the latest offer was worded quite specifically and i know if i took it to court it would cost me a lot in legal fees just to get there as they pitched it above the 10 grand small claims limit so it becomes a county court matter and to cut a long story short under Civil Procedure Rules if the court awards me the same or less than they have offered i then am open to a claim to have to pay their costs as they agreed to settle it before court proceedings A friendly barrister confirmed my thoughts so i see it as a decent win because if they had accepted my claim right at the start all i was claiming for was my kit and excess so they would have got away at 2.5 grand
I bought a replacement Multistrada a few weeks after the initial crash. Couldnt ride the bloody thing for 9 months though
Take the money and move on. They are liable with certainty only if you can prove that they were aware of the road surface being damaged. I suspect that the only reason they are offering payment is because this isn't a pothole as such, and because it would be difficult to use the usual excuse that it only just happened. There are areas like this in between the main lane and the filter lane on the m62 and they are lethal in the wet.
Well in matey , glad its all sorted at last, well worth persevering with it, you can buy me that beer you owe me now !!
