when person deny his fault
I was driving on the opposite lane, while other cars were waiting on the red light(cars didn' move). Mr. B. x was showing his right indicator, but there was no right turn on that junction in front, and he disided to u-turne. I was approching him slowly, I saw him indicating, but I wouldn't imagine,that he would u-turne(''Wait until there is a safe gap between you and any oncoming vehicle. Watch out for cyclists, motorcyclists, pedestrians and other road users. Check your mirrors and blind spot again to make sure you are not being overtaken, then make the turn''. - I am sure u-turn before junction is illigal).
All accident happend in very slow motion. He knock me down, hitting me to my side, probably my leg or weel, so he didn't have any damage on his car. Unfortunately my bike was well damaged. After I rolled my bike on the side, I didn't have any pain in my body, so we decided not to call police or ambulance. He was very kind and sorry for things that happend. I took his driving license detales and photo. When I asked him about his manuver, he said that he checked only mirror. That is very dangarouse monuver U-turne, and drivers have to be extremly carefull. Unfortunatelly Mr. x didn' pay to much attentione! Next day I sent him an email with request of his details, I have got email, where he doesn't deny anything.
After I made claime, I got letter from insurance company. It says that he doesn't admit, that we even had a contact, that I lost my balance, because of approching cars, and he was couple of cars infront of me.
There was no cars approching me, I didn' loose my balance, that is lie. And very interesting why would he give me that all his detales or even stop if he was couple of cars ahed of me?!
The insurance company offered me 50/50, they told me that i can not proof anything in the court without witnesses... So now I don't know what shall I do. If I go to the court will I win this case?
It sounds to me as if you need proper legal advice. The U-turn itself would not be illegal unless there was a sign prohibiting them, but as you say, a driver should take due care to avoid other road users. I see you took photographs, that will will help.
You could try the CAB as a first resort.
Last edited by Santa; 12-10-13 at 00:49.
Welcome to the site, in your post, I read this bit......"I have got email, where he doesn't deny anything" surely a copy of that Email would go some way to proving your point, that he was totally to blame? Good luck.
Its not easy as you say whatever evidence that you have the better. Any communication is better than none. As I have stated in the other thread get hold of a good solicitor, do not be fobbed off with the one the insurance want you to have It is not in your interest and they cannot argue against that. Because you may have paid for Solicitor cover it doesn't mean that you have to take it. Tho they may try. they just want a 50/50 so that you admit your part in It and can reduce your claim by 50 % and then get it back in increased premiums.
Search out specialist motorcycle solicitors and get references they will advise you on the rights and wrongs and procedures so place yourself in their hands They usually work on a no win no fee basis anyway.
Let us all know how you get on.