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I have been injured in a cycling accident...car crossed my path at some lights when I was going through on a straight line and I was on a green light.
my witness who was behind the car states categorically that the female was driving...not the male but the male was named by the police as the driver.
my case has been to magistrates court and he has not been found guilty due to doubt over who was driving.
QUESTION
can I get a re trial against the girl as it would seem that once the police officer wrongly put the lad in the dock, my case was doomed through no fault of my own.
just to reiterate, the witness is adamant that the girl was driving.
my witness who was behind the car states categorically that the female was driving...not the male but the male was named by the police as the driver.
my case has been to magistrates court and he has not been found guilty due to doubt over who was driving.
QUESTION
can I get a re trial against the girl as it would seem that once the police officer wrongly put the lad in the dock, my case was doomed through no fault of my own.
just to reiterate, the witness is adamant that the girl was driving.
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I can't really advise you I'm afraid just to say good luck with it as I had a driver open a door on me totally their fault and took 2 and half years to get a penny ridiculous.
At the risk of stating the obvious, contact a solicitor.
that door opening into your path is a nightmare duck eggs...cyclist in a no win position...travel wider than a doors width from the car and get dogs abuse from drivers ( only occasionally as most drivers are good drivers )...gamble that the door wont open into your path and its an accident that WILL happen sooner or later.
been to a solicitor...no win no fee...they are getting nervous now as I think they just expect to win these cases with a minimum amount of work.
I have been offered £3,500 from his insurance company but they have made the offer without excepting that he is guilty.
my bike was a write off.
suffered awful pain with a broken collar bone.
injured my back which gives me significant pain when golfing. ( play 3 times a week and pain usually kicks in after 5 or 6 holes ).
was off work for a month after accident.
bought my first ever cycle helmet on the morning of the crash...saved my bacon big time...smashed the back off it when my back hit the tarmac.
I have been offered £3,500 from his insurance company but they have made the offer without excepting that he is guilty.
my bike was a write off.
suffered awful pain with a broken collar bone.
injured my back which gives me significant pain when golfing. ( play 3 times a week and pain usually kicks in after 5 or 6 holes ).
was off work for a month after accident.
bought my first ever cycle helmet on the morning of the crash...saved my bacon big time...smashed the back off it when my back hit the tarmac.
3.5k? That's an opening offer, you will get a hell of a lot more than that before it goes to court. Just decline it politely and wait for further ones.
I don't see that the criminal case affects your claim, as quite correctly if there is reasonable doubt who was driving the magistrates will find the driver not guilty, but in your civil case if it ever came to court it is on the balance of probability.
Unless the couple can establish that it is exactly 50-50 who was driving then it must be that one is more probable than the other.
Unless the couple can establish that it is exactly 50-50 who was driving then it must be that one is more probable than the other.
Laynplay, I hate the compensation culture that has created an industry based on fraud, but in your case you obviously have a genuine claim against the lying couple in the car.
For the best advice you should go to www.pistonheads.com and go to the forums. You have to join (free) to see the forum named 'Speed, Plod and the Law', and you should ask for advice there. There are some very helpful and knowledgeable posters who include police, lawyers and civilians. GL.
For the best advice you should go to www.pistonheads.com and go to the forums. You have to join (free) to see the forum named 'Speed, Plod and the Law', and you should ask for advice there. There are some very helpful and knowledgeable posters who include police, lawyers and civilians. GL.
Or perhaps better (petrolheads might just flame a cyclist?) .. what's the name of that group. .. Ok.
http://www.ctc.org.uk/
http://www.ctc.org.uk/
Sorry I didn't have the time to respond in more detail. I'd agree that opening offer is too low. If you have house insurance I'd check you don't have entailment to free legal advice better than going with one of the other firms.
I got 3000 for my injuries and I never had broken bones granted my injuries are still causing me issues because it was complicated to diagnose (had many MR scans with different doctors) because they are lower back and hips. Don't accept less than what is due as it's 3 years later and despite physio and acupuncture I'm still in pain regularly.
I got 3000 for my injuries and I never had broken bones granted my injuries are still causing me issues because it was complicated to diagnose (had many MR scans with different doctors) because they are lower back and hips. Don't accept less than what is due as it's 3 years later and despite physio and acupuncture I'm still in pain regularly.
really appreciate your replies
sorry to hear your settlement was obviously a poor one 3duckeggs...as you know, no amount of money compensates for real pain and suffering.
I want justice more than anything...the money is very much secondary.
great post trevh and will be asking in that forum.
once again, thanks a lot.
sorry to hear your settlement was obviously a poor one 3duckeggs...as you know, no amount of money compensates for real pain and suffering.
I want justice more than anything...the money is very much secondary.
great post trevh and will be asking in that forum.
once again, thanks a lot.
trevh
I have joined pistonheads but they wont let me post for 2 weeks.
I wonder if you could do me a big favour...could you copy and paste my original post so I can read the responses...you are right...the posters in there seem to know their onions and I am quite optimistic that I can get the advice I need.
much appreciated if you or any other member could help me out.
I have joined pistonheads but they wont let me post for 2 weeks.
I wonder if you could do me a big favour...could you copy and paste my original post so I can read the responses...you are right...the posters in there seem to know their onions and I am quite optimistic that I can get the advice I need.
much appreciated if you or any other member could help me out.
I'd beat the **** out of the bloke for taking the wrap knowing he'd get off........................... maybe burn down the chicks house?? torch her car? I would destroy anyone who wronged me in a big way, too many ppl get ripped off and do nothing about it, allowing rip offs to go on and on and on.
had some brilliant replies trevh...really helpfull and in detail...would recommend anyone to join just in case they get into any type of dispute.
Did you not look at the UK cyclist website I directed you to?
Not sure about retrospectively but:
http://www.ctc.org.uk/desktopdefault.aspx?tabid=4461
And their forums might also be able to help.
(I'm not a member but those guys have been around a while)
Not sure about retrospectively but:
http://www.ctc.org.uk/desktopdefault.aspx?tabid=4461
And their forums might also be able to help.
(I'm not a member but those guys have been around a while)
It's amazing to have got that many replies to a legal question within a few hours of the post going up. Great site Trev!
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