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Jamie-Law
Jamie-Law, Solicitor
Category: Traffic Law
Satisfied Customers: 5601
Experience:  Solicitor
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A claim it S being brought against my son by a motor biker

Resolved Question:

A claim it S being brought against my son by a motor biker who smashed into the front wing of my sons car. He was going to pull out onto a B road . The view to the right is slightly obscured by a protruding wall it is controlled by lights due to it being single carriageway under a railway bridge. The road to the left was clear and the traffic lights controlling traffic from the left were green so my son started to pull forward. As he did he saw the lights had changed and he saw the bike approaching from the right. He immediately stopped . His front wheels were slightly over the white give way line but the front of his bonnet was less distance into the main road than the width of a car parked beside the road to the left hand side of him. The biker had both time and room to avoid my son but hit him straight on. The police did not attend the accident, although other drivers stopped both boys involved are 17 and did not ask for witness details. The biker walked away from the scene pushing g his bike. He is now claiming £11,000 personal injury against my son and the insurance company want him to settle out of court on a 50/50 basis. The effect on my sons insurance premiums just for having a claim outstanding against him have been astronomical and will remain so if he accepts the 50/50 deal. Do you think he would have a case to fight this claim and can he see the insured accident report/statement filed by the claimant before making his decision.
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Jamie-Law replied 9 months ago.

Hello my name is ***** ***** I will help you with this.

Did anyone witness this who would give evidence?

Customer: replied 9 months ago.
No there are no witnesses .
Customer: replied 9 months ago.
At least the witnesses did not provide contact details so they cannot be called to give evidence.
Expert:  Jamie-Law replied 9 months ago.

Why did he not reverse back behind the line?

Customer: replied 9 months ago.
Because he wasn't causing an obstruction and between the biker becoming visible and then hitting him there wasn't time. Suggesting given the lights had only just changed that the biker had speed away from the lights and was travelling above the speed limit but there is no way of proving this.
Expert:  Jamie-Law replied 9 months ago.

Ok. I think it is 50/50.

That is because he moved forward when it was green, the traffic must have been clear, but stopped when it was read, in a place that was unsafe to do so, over the give way line. He should have reversed back behind the line.

But the bike should also have been travelling at a speed he would have been able to stop short of an obstruction.

Therefore I think it is 50/50 if it went to Court.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
The biker also had plenty of space to go around my sons car without crossing the centre line of the carriageway . Does this not affect the decision?
Expert:  Jamie-Law replied 9 months ago.

I agree, that is why it was 50/50.

But the car driver should have been able to complete the turn on a green light or if unable to do so should not have gone beyond the give way, or reversed back if could not turn.

Does that clarify?

Customer: replied 9 months ago.
thank you.
Expert:  Jamie-Law replied 9 months ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

Customer: replied 9 months ago.
I will rate you later today. I should hate for you to not get paid. I have asked my son why he didn't reverse. He says he couldn't because a BMW was tight up to his bumper behind him preventing him from doing so.
Expert:  Jamie-Law replied 9 months ago.

Ok - sadly he should have made sure the area was clear before he moved off.

Sadly my advice is the same.

Thanks in advance for the rate.

Jamie-Law and other Traffic Law Specialists are ready to help you
Customer: replied 9 months ago.
I have more details now. The biker is claiming personal injury to his lower back, right leg and groin. He was asked by my son and another motorist who stopped if he would like an ambulance or medical attention. He declined saying he was fine. He spent an hour an a half with my son at the scene and sitting in a local garage . He then set off on foot pushing his bike to return to his place of work. Given the location he will have covered a minimum of half a mile including pushing the bike up hill to get to the next trading estate and possibly further if that is not where he works. The owner of the garage can verify the time the biker spent there and that he indicated no sign of injury before setting off with his bike. If he has not admitted to this in his statement does it undermine his claim and is it possible for us to see his statement and the accident investigation report submitted in respect of his claim?
Expert:  Jamie-Law replied 9 months ago.

Ok, well his insurance company will deal with any claim. So if it went to Court then they can use the statement to undermine any claim. Yes if it goes to Court you get to see the evidence.