overtaking on a bend

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Wed 27 Oct 2010 17:12
overtaking on a bend - devonmade

can someone give me some advice as I think the legal world is losing the plot. I was involved in a RTA and have had serious injury. I was hit by a lorry, I was in a small car. He was overtaking a parked lorry. To overtake he had to do so on a blind bend and he has said he knew the road well. I also know the road very well and was driving accordingly. This is a B road. Basically I did everything I could to avoid a collision but he did not even attempt to brake, I dont know why. I am still suffering with injury but the solicitors are now saying 70/30. I just dont get it. I wasnt speeding, I was doing half the speed limit on this road. I had my lights on. I really feel strongly that I shouldnt have to settle on 70/30 but am being put in a difficult position by my car insurance lawyers. I have 2 very good witnesses, he has no one supporting him strangely

Its hard when you havent done anything wrong to be told you are negligent by 30%, thats presumably just cos I was there!

any views on this please or am I being daft?

Edited by devonmade on 27/10/2010 at 17:14

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Wed 27 Oct 2010 22:14
overtaking on a bend - Dutchie

Hello devonmade sorry to hear about your accident and no you are not daft.Reading your story in my opinion you are entitled to hundred percent ,if he was overtaking a parked lorry and on a blind bend and ploughed into you I would say you are not guilty.Lucy B might like to comment.

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Thu 28 Oct 2010 10:54
overtaking on a bend - LucyBC

If the circumstances are as you say then the liability would be 100% on the part of the lorry driver and you should recover damages for your injuries and uninsured losses in full.

There are two possibilities here - the most likely being that your solicitor is pressing you to settle because they will recover their costs more quickly than taking it on in court. The other one is that both you and the third party are with the same insurer - when things often seem to go to a "split decision".

If you email your contact details to asklucy@honestjohn.co.uk I will get a liability specialist and accident investigator to go through your case in detail with you with a view to improving your position.

There is no charge for this service.

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Sat 30 Oct 2010 14:43
overtaking on a bend - devonmade

thanks very much, that would be very helpful, will do :)

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