She wont win this claim!?

Question:
Honda Hornet 600.I had a motorcycle accident last september 2004. It was a dual carriagway which i was in the right hand lane, then the lane bares to to the left or you can go straight on. Anyway the left lane was not moving so i went in the outside lane and folowed it to the left and then suddenly this girl tried running accross the road and i hit her straight on doing about 20mph, and its a 40mph limit. All there is, is a drop down curb but no crossing. The police arrived and took statments and reviewed the scene, and said it wasnt my fault. Now shes trying to claim £300,000 of me! so my insurance company are taking it to court. Yes she did have serious injuries, part of her skull taken away and has a metal plate there, coma for 3 months but that was drug injuiced cos of swelling to brain and punctured liver and otha stuff ive never heared off. Swear there against us bikers!!!

Answers:

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You seem to have done alot of damage for 20mph.
I think you should prepare yourself to take some blame here - YOU hit her, whatever the circumstances.
The Highway code says you should always be able to stop within the distance you can see to be clear - evidently you couldn't.
Have a concience and take some blame for what you've done! How would you feel if the roles were reversed?

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im guessing she will

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yes she will win, pedistrians always have the right of way and you are the one who injured her.

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I'm not a motorcycle rider myself but I have nothing against them. I should imagine that if the police said it wasn't your fault then it's set in stone.
This country has gone mad where accident claiming is concerned. Every little thing and they're getting a solicitor. It's just peoples way of making a quick buck, including solicitors!
It makes my blood boil.

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I wish you all the luck in the world and hope it gets thrown out of court!

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You did hit her. At the least you are guilty of contributory negligence. Also remember the insurance company will be viewed as the deep pockets here so be prepared to have them lose.

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It seems a simple case of her thinking that because the 'traffic' was at a standstill that she would be safe to cross the road. Fair enough, but that still doesn't mean she doesn't have to LOOK!

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She has probably gone to one of these 'No Win, No Fee' scumbag companies because a serious solicitor would have said 'And did you look both ways before crossing the road?' and then would have thrown her out of the office when she replied 'Erm...no'.

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It seems that some people just need to blame someone else for their own stupidity and I would not worry if I were you. Sane people are never going to find in her favour. True, it can't have been pleasant for her or her family but it wasn't your fault. It was hers. If she isn't going to consider 'The Green Cross Code' then on her own metal-plated head be it!

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When you cross a road, especially between cars, YOU STOP, YOU LOOK and YOU LISTEN. We are all taught this from the age of nil!

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This one is a tough situation.
The police report will NOT set this in stone as to who's fault it was.
She may be at fault for jaywalking.
But, Pedestrians have right of way about 98% of the time.
I certainly wish you luck on this case

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I would not rely on " she wont win this claim" Trevor h's comment seems about right.

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You have told us your side of the story.

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All I can say is good luck.

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it dose not matter if you hit a person walking any where its your fault no matter what. because you are the one with the weapon
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