Being taken to court after a car accident that was 50 / 50 blame?

by **armin** » Sat Apr 02, 2011 10:13 am

last summer my husband was in a traffic jam. he decided to do a u turn and take a short cut. he checked his mirrors, indicated, checked again, pulled out and a motorbike hit the side of the car. the motorbike was coming down the side of the traffic. it was not there when my husband checked. the police attented the scene and said it was 50 50 blame. we thought the insurers would sort it all out but this morning we had a letter from court saying we are being sued for personal injury and loss of earnings. they are saying that my husband didnt signal or check mirrors. thats not true. has anyone got any advice? how come the insurers didnt sort it out? thanks for your time.

by **sayre** » Sat Apr 02, 2011 10:25 am

I would say that the police are wrong.

It is totally and utterly your husbands responsibility to check and double check before making any move.

I would say that the accident is your husbands fault.
Even if he did signal and check his mirrors he still did not see the motorcyclist so therefore did not check properly did he.

by **denzell** » Sat Apr 02, 2011 10:31 am

I would say that the police are wrong.

It is totally and utterly your husbands responsibility to check and double check before making any move.

I would say that the accident is your husbands fault.
Even if he did signal and check his mirrors he still did not see the motorcyclist so therefore did not check properly did he.

Your husband is 100% to blame , the MC was filtering outside slow moving or stationary traffic which is perfectly legal , your husband didn't check his blind spot , he is to blame .

It is the responsibility of the driver changing lane or turning to ensure it is safe to do so , your husband is 100% to blame .

I suggest you both read the highway code .

You're going to lose so I suggest you settle out of court , it will be cheaper .

Rule 88

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069854

Frankly your husband should have been done for driving without due care and attention , the coppers who attended should be sacked for their negligent .

by **blaeey** » Sat Apr 02, 2011 10:40 am

Pass the information to your insurance company. They are there to cover the cost if the court finds against your husband. This is the price ordinary people pay for the no win no fee personal injury lawyers. It is illegal to filter down stationary traffic on a motor cycle, but not illegal to carry out a u-turn. That is why the insurance company found 50-50, but the individual concerned has lawyer-ed up in the hope of getting a pay out. That is his right, unfortunately your husband will need to give his side again.

by **colum** » Sat Apr 02, 2011 10:41 am

Sorry but as a former lady biker of many years the blame is your husbands. I do not accept that the biker came out of nowhere. We all filter through traffic at a slow rate, we have to. He should have stopped and had a good look. the motorbike did not hit the car, HE hit the motorbike, there is a difference. No policeman should ever apportion the blame it is not his job to do so, and could be disciplined. I would get on to your Insurers. find it strange that you are receiving a letter from court, this should be between both your Insurers.
UK

by **urian27** » Sat Apr 02, 2011 10:44 am

Most insurance carries free legal advice, also check your credit cards and home insurance as they often give free legal advice.

by **marlan43** » Sat Apr 02, 2011 10:55 am

Contact your insurer. They will defend you in a suit.

by **bercnan72** » Sat Apr 02, 2011 11:04 am

The way you describe it, it may be that your husband was a bit more at fault than the motorbike rider. It all depends. Was it within the law for your husband to make a U-turn in the area where it happened?
By the way, where did the letter come from? Court, you say? or was it a complaint and summons? Because if it was a letter, it was probably from an attorney. The Courts don't send letters telling you you are going to be sued and give you reasons. Attorneys do.
Anyway, turn the 'letter' or whatever it was, over to your insurance company. They have attorneys who will defend your husband's rights.

by **eochaidh94** » Sat Apr 02, 2011 11:14 am

Talk to the insurer, it's their problem. I have no idea why any police officer would have told you that it was 50/50. Failure to yield to oncoming traffic when pulling out onto the road is 100% the fault of the driver pulling out, even IF the other person is driving/riding out of their proper lane.

In this case, even if the accident is 50/50. that does NOT mean that each party handles their own damage. The motorcycle rider may face 50% liability for his own injuries and damage, but since his damages would be much higher than your husband's, your husband's insurance will still have to pay.

by **talbot** » Sat Apr 02, 2011 11:15 am

It's all rather difficult to guess what will happen really.

It is quite likely that the police stated unofficially it was "50/50" as, though your husband should have checked his blind spots as well before attempting any kind of turn in a traffic jam, the motorbike rider should have been ensuring that he was keeping to a low speed and observing the movement of traffic and people accordingly (as stated by the Highway Code). Had he been doing so, the accident "may" have been avoided. I don't agree with Kernow Lady's analogy however - if the bike hit the side of the car there is no way according to the laws of physics that the car hit the bike, but instead the bike hit the car.

You probably got a letter stating you were being sued as the person on the motorcycle most likely wanted a bigger pay off for the accident.

As far as determining evidence in the case goes, a lot will depend on the police reports as to the accident in question. However, providing any kind of evidence in this case at all could be awkward. The driver will need to provide some evidence to show or reason to believe that he was driving at a careful and considerate speed while staying alert to the flow of traffic, just as your husband will need to find some way to prove or find reason to believe that the indicators were on at the time of accident and that he was being as mindful as possible (already at a disadvantage as the judge could argue that your husband could have avoided turning until the motorbike passed). Again, you will need to see what the police report has stated before you can claim anything too significant.

The motorbike rider will also have to prove that the accident somehow affected his wages in order to claim loss a earnings, but this is not always that hard to do.

Pass it on to your insurance company, they should be able to help you out with any legal costs in this case accordingly. However, if I had to weigh in with an opinion, I would guess that the case will not go well for your husband.

Blessings x

Advertisments:

Sponsor Links: