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  1. #1
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    Default Urgent RTA Caselaw needed

    I am struggling to find RTA caselaw for liability dispute, where PH turned right and hit cyclist who was undertaking cars.

    Roadworks, PH unsighted and cyclist just riding up at speed and undertaking vehicles.

    Looking for caselaw in favour of PH.

    Also if possible, relevant caselaw for withdrawing admission of liabilty on FT case upto ?15,000, case law in favour of this if possible.

    Anyone help please.

  2. #2
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    and admission of liability can be withdrawn at will

    it is not binding

    unless, it is a spilt liability offer which has been accepted as this would contain consideration and be contractually binding.

    Best place to start looking for the position on the cyclist under taking is highway code.

    also if your policy holder turned right surely the cyclist was over taking?

    you may want to consider the position of motorbikes doing the same, comming up the white line as the circs sound identical.

  3. #3
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    Quote Originally Posted by sumoking View Post
    and admission of liability can be withdrawn at will

    it is not binding

    unless, it is a spilt liability offer which has been accepted as this would contain consideration and be contractually binding.

    Best place to start looking for the position on the cyclist under taking is highway code.

    also if your policy holder turned right surely the cyclist was over taking?

    you may want to consider the position of motorbikes doing the same, comming up the white line as the circs sound identical.

    Thanks for that.

    I am struggling to find caselaw - as the traffic was stationary due to roadworks and cyclist cycling near the kerb, PH unsighted and turned right and hit cyclist.

    TP Solicitors quoted Fagan v Jeffers 2005 in favour of the cyclist.

    So bit of a quandry.

  4. #4
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    I don't know if perhaps grand theft auto has addled my brain but we do drive on the left don't we.

    So if you turn right and collide with someone then they must be on your right and they must be over taking.

    unless he is comming from the opposite direction? in which case your client is bound to make sure that nothing is comming before he crosses the road. So your client is likely very negligent.

    Fagan and Jeffers is only good for a 50/50 split though?.

    Qoute it back and make a part 36 offer for liability on 50/50. Assuming you have insturctions to do so.

    try Clarke V Winchurch?

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    was the traffic stationary and had left a gap for a car to turn right through? car began to turn right and cyclist by kerb obscured by stationary traffic. cyclist carried on over junction even though traffic to right of him was stationary?

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    Quote Originally Posted by NicB View Post
    was the traffic stationary and had left a gap for a car to turn right through? car began to turn right and cyclist by kerb obscured by stationary traffic. cyclist carried on over junction even though traffic to right of him was stationary?
    That is the circumstances nailed on, apologies for confusion to everyone.

    The TP solicitors have quoted the Fagan case-law, I cannot find the content of the case-law though.

    Any help on case-law in favour of the car driver would much appreciated.

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    having had a quick look i have found the case law on Fagan, which is 50/50 liability but cant find case law in favour of the car driver. was the cyclist in a cycle lane? i think that would make it worse for car driver.
    sorry to be of no help!

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    offer them 50/50 as per fagan and then issue it.

    Put them on the back foot, they won't like that.

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    Thanks for that, very much appreciated.

    No cycle lane as far as I am aware.

    I have offered 50/50 to TP Solicitor but rejected.

    I am Defendant on this case, insurer messed up, they admitted liability and I applied for police report which I thought gave us grounds for split liability.

    However insurers had police report since Dec 07 and now TP Solicitor going mad and ready to issue.

    Do you know where I can go online for the transcript of the case-law the TP solicitor is quoting, as I could do with having a look at it.

    PH wants to dispute the case fully as well.

  10. #10
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    try British and Irish Legal Information Institute

    insurers cannot prejudice a claim by an admission of liability.

    you are not defendant and claimant until they issue. You can issue - for recovery of the insurers outlay and policy excess (check PH does not want PI first!) - first and pre empt them.

    They would have to put in a defence and counter claim and won't be used to that.

 

 
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