Trans-Action

Trans-Action

I was riding to work on my old Honda Translap, headlight on, filtering around the outside of stationery traffic at less than 10mph, according to witnesses.

I saw a silver Ford Focus waiting at the give way lines. The driver was looking straight at me. There was a gap in the traffic at a box junction, but as soon as I was halfway across the box junction, the car briskly pulled out, straight into my left leg.

My boots were pretty good, but the Ford won that one. I’ve a very badly broken leg, my job has been seriously compromised, and I’ve been told by the solicitors who were appointed on my behalf by my insurance company that I should take the 50/50 offer that has been made. I can’t see that this accident is my fault, so why should I take half the money?

Name and address withheld

You shouldn’t. 50/50 is about the worst you would do in these circumstances. If you’d been bowling down the outside edge of the traffic at a speed you couldn’t stop, or you couldn’t deal with unforeseeable circumstances, then 50/50 would be a good settlement.

But you weren’t, and more to the point, you have witnesses who back you up. You were visible to the car driver. You certainly saw the car driver, and you made the presumption that you weren’t invisible on your big white Translap, headlight on.

50/50 is the worst you will do at court, so what’s the point taking the very worst offer when this injury could affect the rest of your life? You need to be careful about your solicitors advising your legal expenses insurers that you are not reasonably following their advice.

You are being perfectly reasonable, and to ensure that you aren’t completely stuffed, I would move to a new firm of solicitors immediately.

You should write to your current solicitors to say that you are no longer instructing them and that you are seeking the advice of other solicitors and they may not make any responses on your behalf.

Andrew Dalton

Posted by Andrew Dalton. Posted on: September 26, 2008 at 12:00 am

Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.