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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71152
Experience:  Over 5 years in practice.
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My husband got hit on a roundabout on his motorbike twice by

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My husband got hit on a roundabout on his motorbike twice by the same person in a car...who passed test 2 wks before accident...husband hgv driver of 30 penalties...he was in hospital for 3 days and had 9 fractures...feet, ribs and scapula...he was off work for 16 wks...the bike and car were moved before police arrived ...and the policeman didn't speak to my husband for 5 days...they said it was inexperience of the car drive as he over exagerated the lines...but when a police report came through after 7 months ( after asking twice and told one was missing or a report not done) it said my husband was at fault and it was his riding at fault...because of this the insurance are saying it will be 50/50 and that judges always agree with the if we went to court my husband will look like its his fault , when actually its the policeman who has changed his story!!! ...advice on if the court would take police side
Thank you for your question. My name is ***** ***** I will try to help with this.
It is quite likely that the report of the police will be influential.
But it really doesn't matter. It is for the insurance company to resolve this. They are liable on his part and so they control the claim. They will generally canvass the views of their client but they are not bound by them.
If the insurance company assess it sensible to settle they will.
he could sue the individual for the difference but he would have to cover the cost of legal action and expose himself to the costs of the other side.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 3 years ago.
The solicitor we were given was not from our insurance company...another long husband had a call and a barrister today, who said it was up to him to go to court but 50/50 and the court would go on what police said....but we feel like we are being made to take the offer as everyone saying about loosing in court...the policeman has never met my husband and has took statement dated the nxt day of acciden, when he didn't even talk to him for 5 days after? one had a copie and no one signed them...will that help at all
There is a risk that the court would accept the police version of events.
The fact there is no copy unsigned or signed is a non issue I'm afraid.
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