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Shared Liability

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    #62
    Large bottle small glass
    Registered Users Posts: 1,721 ✭✭✭Large bottle small glass


    sullivlo wrote: »
    Witness yes.

    Barrister said I was travelling too quickly if I broke the window. I would refute that I hit with my elbow and weigh 100+kg.

    Barrister sounds clueless.

    Glazing isn't the material of choice for impact resistance.

    Wake up, use the threat of PIAB/solicitor to get what your are owed or just use a good solicitor.


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    #63
    sullivlo
    Moderators, Recreation & Hobbies Moderators, Society & Culture Moderators Posts: 9,994 Mod ✭✭✭✭sullivlo


    Large bottle small glass wrote: »
    Barrister sounds clueless.

    Glazing isn't the material of choice for impact resistance.

    Wake up, use the threat of PIAB/solicitor to get what your are owed or just use a good solicitor.
    Yes I have used the threat with the mibi so waiting to hear back.


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    #64
    sullivlo
    Moderators, Recreation & Hobbies Moderators, Society & Culture Moderators Posts: 9,994 Mod ✭✭✭✭sullivlo


    Oh yes. Further complication. Non Irish car, non Irish driver. Nationality of driver and insurance don’t match.


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    #65
    ahnowbrowncow
    Registered Users Posts: 2,565 ✭✭✭ahnowbrowncow


    Definitely get a second opinion.

    I've often cycled on Gardiner St and I can picture exactly how this happened. From your explanation of events I cannot see how the barrister or the Garda can view this as shared liability or contributory negligence.

    This sounds like a genuine case for a personal injury claim so I wouldn't just cut my losses.


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    #66
    Eric Cartman
    Registered Users Posts: 26,282 ✭✭✭✭Eric Cartman


    so the traffic was stopped in both directions, a light had gone green but for traffic or just gone green reasons the driver could only turn through the junction then , and you were cycling fast enough that you went through the window with your fist.

    theres something not adding up here unless the traffic was stopped in your direction only and the car just bombed through the gap to turn right, or you were cycling way too fast for the junction.


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    #67
    sullivlo
    Moderators, Recreation & Hobbies Moderators, Society & Culture Moderators Posts: 9,994 Mod ✭✭✭✭sullivlo


    Eric Cartman wrote: »
    so the traffic was stopped in both directions, a light had gone green but for traffic or just gone green reasons the driver could only turn through the junction then , and you were cycling fast enough that you went through the window with your fist.

    theres something not adding up here unless the traffic was stopped in your direction only and the car just bombed through the gap to turn right, or you were cycling way too fast for the junction.

    I didn't see the traffic on the other side. It was stopped on my side.


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    #68
    0lddog
    Registered Users Posts: 3,292 ✭✭✭0lddog


    Many years ago I was in a similar situation to this except that it was car - car. My insurance paid up with no suggestion that the other party was in any way to blame. I cant help wondering if the fact that OP was on a bike is clouding the issue here.


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