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T.C.

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T.C. last won the day on September 6 2013

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  1. I was simply interested on the basis that you were/are making a statement of fact and it appears that you are making these comments based on your professional legal knowledge and experience. So thank you for answering
  2. Are you a solicitor or legally qualified? You work in personal injury law do you?
  3. By your own admittance you were caught in 2 different Police areas. You committed 2 seperate offences in 2 different areas so as BazzaS has stated, you have committed 2 seperate offences so what guidelines have the Police service breached? The onus and responsibility is on yoy to comply with the limits and for minor offences Police forces and prosecution departments are not going to be phoning each other asking if any of their staff have booked so and so. I once reported the same driver 3 times in the same day for excess speed. Now those 3 offences were amalgamated to convict once, but the driver received a few less points (7 instead of 9) but clobbered on fines, but they were still 3 seperate offences but committed n the same Police area. If you had been caught in the same Police area, then the chances are that your name would have popped up on the database and someone may have put 2 and 2 together. But then it would have exempted you from attending the speed awareness course or a fixed penalty and you would have been looking at a court appearance instead with the risk of a heavier penalty You can complain, but being 2 seperate Police areas, I can virtually guarantee it will do you no good.
  4. Actually it is probably the worst £28 you might spend. If it falls out of the portal, it simply reverts to multi track but even portal cases are funded under a CFA, you don't need LEI to get funding. I have covered this subject before (maybe worth looking for) but the bottom line is legal expenses insurance is a rip off. If you are involved in a crash that is not your fault, you can choose a solicitor of your choosing, and getting your case funded on a no win no fee (conditional fee agreement) means that they will fight your corner on th basis that if they don't win they don't get paid, whereas legal exenses appointed solicitors will do the minimum work for maximum fees, they will often undervalue your case for a quick settlement to get you off their books and you probably will not deal with the same fee earner twice. If you have a crash, you have to have a minimum of third party insurance in place to cover any damage or injury you cause to property or people in the event that the crash is your fault.. So the issue does not arise. However, if the crash is not your fault, then you can get funding under a CFA (no win no fee) even for damage only crashes, and you choose who you want to represent you, not one of the waste of space claims management firms with a dodgy solicitor on their pocket or one that is owned by the insurance company. LEI is just a way that insurers make more money out of you, and then get you to use their panel in the event of a claim usually resulting in an under valuation and the case being rushed as I have already mentioned. Under a CFA, if the solicitors don't do their job and win their case, they don't get paid (remember their costs are paid by the third party when you win and is on top of your compensation). On top of that, you probably already have several LEI policies, House contents, buildings etc, but the bottom line is it may be worth retaining one policy for things like employment issues, but for motoring? Get rid of it.
  5. I work in personal injury. If you are being made an offer 3 weeks after the crash, then they are trying to entice you with an offer to get you off their books and it means that your claim has been undervalued. Although you may feel that you have made a full recovery, if in 6, 9 or 12 months time you develop ongoing issues as a direct result of ths crash and you have signed a full and final settlement, you cannot then go back and demand more money unless you sue for professional negligence. You claim is being handled under the portal system on fixed costs (this is the protocol for claims up to £25K in value) which in itself is not the issue, it is the fact that you are being fobbed off. Are you using a claims management or your insurerance firm to represent you? If so, that explains a lot. Each injury has a value. They are classified as Minor, moderate and catastrophic and each category has a lower and upper level. Only a Doctor can determine what category you fall into. Your claim also has 2 elements General damages as I have explained above but which also covers a payment for pain and suffering and loss of amenity. Special damages which covers all your out of pocket expenses such as damaged property, loss of earnings, travel expenses, prescription costs and so on, in fact any expense incurred as a result of the defendants negligence. Only your legal representative can give you a figure that is considered reasonable for the injuries you sustained, so go back to them, but as a guide, genuine whiplash cases usually settle for around the £3,000 - £5,000 mark. Hope that is of some help?
  6. OK, I stand corrected, Thanks But the OP's husband would still claim back any excess against the driver of vehicle 2 as part of his claim for uninsured losses and it does not change the situation as far as the OP is concerned in that the claim is still against the driver of vehicle 2 who in turn will be the one who makes the claim against the MIB
  7. There has always been an excess for the damage part of the claim through the MIB ever since the facility to make damage claims was introduced about 10 years or so ago. But this would apply to the 2nd driver, not the OP's husband whose claim is against driver 2 anyway.
  8. The way the system works (and this should have been explained to you, is that, your husband claims from the driver of vehicle 2 (the driver that was pushed into the rear of him) and then the driver of vehicle 2 then claims for both his damage and the damage and injury to your husband from the driver of vehicle 3 under the rules of what is called strict liability. The fact that the driver of vehicle 3 is uninsured is of no consequence to your husband as he is claiming off the vehicle that hit him, and drivers 2's insurance have not been honest in what your husband has been told. Driver 2's insurers on finding out that driver 3 is uninsured would then submit an MIB claim (there is a £300 excess on the damage part of the claim) and the claim proceeds in the normal way, it just takes a little longer when dealing with the MIB for the matter to be resolved. Given that your husband has been fobbed off, he really needs to speak to the Insurance Ombudsman, because it is a very straight forward claim even though driver 3 has no insurance, and driver 2's insurers cannot get out of settling your husbands claim (although the personal injury side will take longer) I would be unable to assist you directly as the value of your husbands claim is in the Fast Track (under £25,000 value) scheme, but if you need further advice, you are welcome to send me a PM and I will be happy to advise.
  9. Once you have reported the crash/claim to your insurers, the MIB will act as the agent for the foreign vehicle and it will be processed in exactly the same way as it it were a UK insured vehicle. Most people think that the MIB only deal with uninsured or untraced claims, but they are the appointed UK agent for overseas registered and insured vehicles, so don't worry too much, submit your claim to your insurers and let them do the rest.
  10. Firstly, before you start slagging off no win no fee law firms, be very careful about referring to Ambulance chasers, that usually applies to claims management firms, and a Conditional Fee Agreement (Proper name for no win no fee) is the best way for someone to get proper legal representation after a crash in which they have been injured (A CFA is not available for damage on;y claims). In damage only claims, a solicitor can only represent someone if the value of the claim is worth over £5,000 because under this amount law firms cannot claim back their costs and therefore the client becomes liable for their fees which could be quite substantial and more than the value of the claim. That said, if the OP was not injured, then contact someone like Bikers Legal Defence and they will be able to assist you. A letter of claim needs to be sent to the third party who should then in turn pass it onto their insurance companies. Someone like BLD have their own legal department and have ways in being able to provide legal representation without it costing you anything, and they will be able to provide a replacement bike which is not on a hire credit agreement and so the risk to you is minimal (but they can explain all this to you, and No, I do not work for them). If you did suffer injuries, then depending on the type of injuries, you should be able to find a local personal injury law firm who will take on your case for you. If your injuries are valued at less than £25,000 then you would go onto what is called the fast track portal scheme where solicitors are paid a fixed fee to handle the claim, but if the injuries are more substantial and therefore worth more than £25,000 then you would go onto what is called the multi track scheme where fees are uncapped. The claim is then divided into 2 categories. General damages which covers your actual injuries along with a payment for pain and suffering. Special damages which covers all your damage, out of pocket expenses, loss of earnings and so on. The highest value award is only around £275,000 (I think it has gone up a few thousand since I last looked at the figures) for a serious brain injury or paraplegia, and at the opposite end of the scale, about £600 for a broken tooth. Each injury is assessed on its severity with a lower, moderate and severe category and valued accordingly, and then both general damages and special damages are added together to provide the value of the overall award. But the first thing is to get some legal representation in place, get off the letter of claim and see what the response by the third party is.
  11. I see this on a daily basis with motorcycle hire after a crash. It has become increasingly common for the defendant insurers to argue about hire vehicle costs, and in many cases the courts have found in favour of the defendants. The other issue is that quite a few claims management firms also forget to pass on the invoice to the claimant solicitors so that it can be included in the schedule of special damages. In this case, the issue will revolve around whether or not you signed a personal credit agreement. What this means is when you were provided with the loan vehicle, did you sign any paperwork where you accepted responsibility for any costs incurred that were not claimed for as part of your claim. If you signed a personal credit agreement, you may not have much of a leg to stand on, which is why you need to check the paperwork and see what and if you signed for.
  12. Does not work that way. If someone is injured as a result of someone elses negligence, then regardless of whether that individual was insured or did not have an MOT, it does not preclude them from making a personal injury claim, regardless of any prosecution that may occur at a later date which is a seperate issue. What the third party may do is try and claim contributory negligence on the basis that if there was no MOT then it was in a non roadworthy condition, but the third party then has to prove that the lack of MOT and therefore the condition of the bike contributed to the cause of the crash. So, it should not affect the value to the personal injury claim, what it will affect is the valuation they place on the bike as it will be substantially lower than a bike with a current MOT.
  13. Fine, think as you wish, but for someone who is supposed to be as qualified and as experienced as you claim, then you should take a good look at yourself, because it is people like you that do more damage than those less fortunate to have gone through the training that you claim you have done, and should know better. Pot calling the kettle black springs to mind, but in any case I am not going to enter into a slagging match on a public forum with someone like you, as it is clearly you that is being childish with your lame comments and observations. Just a shame I cannot block people like you.
  14. I am fully aware of the requirements of the Police advanced standard, I qualified as an instructor during my service, and I have been an advanced examiner for over 30 years. But now that you have taught me to suck eggs and revealed your background, it is shameful that in one sentence you undo a lot of work done by many others in trying to educate the motoring public in Motorway driving by returning to phrases and descriptions that have never existed. You of all people should know better, and yes call it pedantic if you wish, but when it comes to driver education, there is no half measures, and you of all people should know better. And in respect of the tutor who taught the test candidate, yes, he was reported to his group, and again given your background you of all people should know that there is no such thing as an advanced licence!!!!
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