Who Is To Blame?

Responsibility for an accident is rarely a clear cut matter.  Even if the other party should accept full responsibility they rarely do.  Motorcyclists are often regarded as rebels with scant regard for the law, travelling at excessive speeds with no consideration for other road users.  The realities are completely different, with statistics confirming that in 2/3 of collisions between cars and motorcycles car drivers are at fault.

Even if you are partly to blame for an accident you can still receive compensation from the other person or their insurer.  Generally liability can be apportioned between different people dependent on their level of responsibility for the accident.  Where, for example, liability is split equally then you would receive 50% of the total value of your claim.  The other side's claim is dealt with separately under your own insurance, meaning that you would get to keep all of the 50%.

Less specialist solicitors will often advise the client to accept a greater responsibility than they should or even advise that there is no case at all.  Over the years we have taken over a large number of cases that have been heading either nowhere or in completely the wrong direction.

The percentage split varies with each case, ranging from 0% to 100%. Insurers and their lawyers have been known to be selective in the law they put forward and weak solicitors often crumble in the fact of this. We never settle liability without giving you full advice first and discussing the matter with you.  Once we have advised you then if the other side will not come up to the level appropriate we are happy to go to Court.  We pride ourselves on being pro-active, positive and professional.

We have to be careful how much information we give out because insurance companies and other solicitors often look at our site to find out how to argue matters.  However, some of the scenarios we have come across in the past are as follows:

• Defective Road?
• Highway Spills
• Filtering
• Undertaking
• Untraced Or Uninsured Driver

Where we believe that we excel against every other firm is our trial experience on liability and quantum cases involving motorcycles. Where liability is contested and it turns on the Claimant's motorcycling, then there are very few firms that can live with us in terms of raw trial expertise and we regularly take over serious claims only to find that the previous solicitors have missed or seriously undervalued items of loss.

Don't be someone else's learning curve. Call our 24 hour help hotline on 0800 783 6191 for clear, expert legal help or e-mail us at contact@whitedalton.co.uk

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