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I'm not sure I can really give you good news.
Come what may, he had right of way.
I realise that he was negligent too but that is why they are suggesting a settlement on that basis.
Im afraid the advice you have had is spot on.
You saw him and did not give him time to complete. That is negligence I'm afraid.
Can I clarify anything for you?
No, that is why he is being asked to pay 50%.
But whether he was negligent or not, you saw him and didn't give him time to complete which is negligent too.
I would take the offer. I actually would have assessed it as much worse than that.
Yes, and you did not give him time to complete.
That is negligent Im afraid.
Then that is even worse. I would take the offer.
I would have assessed this as 75% your fault.
I'm very sorry.
No, because he was so close and you didn't give him time to complete.
There is no way around it.
Come what may, you saw him and did not give him time to complete.
Well, it isn't. The trouble with the law of negligence though is that there are very few black and white cases.