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Author legal help/crash
JM Curdy
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Registered: 20th Jan 05
Location: Stranraer, Scotland
User status: Offline
25th Nov 07 at 18:37   View User's Profile U2U Member Reply With Quote

had a small prang yday, well a big prang.

resulted in broken thumb that had 2 be reset, broken cavula and collar bone, knocked clean out and a gd few bumps scratches grazes etc.

was backseat passenger in a high speed crash with a wall, both other occupants seatbelted and fine. i was rear passenger but wasnt seatbelted.

will be signed off work for 6weeks minimum, mite lost my job as im only temp staff. the drivers insurance was only third party.

my question, can i claim for injuries and loss of earnings off his insurance even tho hes third party and i was un belted in the rear of the car?

thanks JM

[Edited on 25-11-2007 by JM Curdy]
John
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Registered: 30th Jun 03
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25th Nov 07 at 18:39   View User's Profile U2U Member Reply With Quote

You shouldn't be able to claim for injuries and loss of earnings.

You are lucky you didn't kill one of the guys in thr front for being an idiot with no seatbelt.
baza31
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Registered: 19th Apr 03
Location: yorkshire
User status: Offline
25th Nov 07 at 18:42   View User's Profile U2U Member Reply With Quote

you are the "third party" and will be able to claim.

ps if i was the driver i would do my best to make sure you got fuck all. You had no seatbelt and as said could of killed someone in the car.

also by the sounds of it your using it as a meal ticket

[Edited on 25-11-2007 by baza31]
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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25th Nov 07 at 18:42   View Garage View User's Profile U2U Member Reply With Quote

twat
deano87
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Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
25th Nov 07 at 18:42   View User's Profile U2U Member Reply With Quote

You'd effectively be claiming as a third party, which you aren't so I doubt it.

Also, they probably wouldn't pay out because you didn't have a seat belt on.
mattk
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Registered: 27th Feb 06
Location: St. Helens
User status: Offline
25th Nov 07 at 18:43   View User's Profile U2U Member Reply With Quote

I hate having people sat behind me with no belt on,

then again I hate not driving and being in controll, i am the worst passenger in the world
Colin
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Registered: 4th Apr 02
User status: Offline
25th Nov 07 at 18:44   View User's Profile U2U Member Reply With Quote

Insurance wont pay out as you didnt have a seatbelt on!
JM Curdy
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Registered: 20th Jan 05
Location: Stranraer, Scotland
User status: Offline
25th Nov 07 at 18:46   View User's Profile U2U Member Reply With Quote

i wasnt sure wether seatbelts were compulsory for rear adult passengers, thanks for clearin that up
mattk
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Registered: 27th Feb 06
Location: St. Helens
User status: Offline
25th Nov 07 at 18:49   View User's Profile U2U Member Reply With Quote

Front or back , always ware a seatbelt!

That what the woman on the radio tells me every 5 mins
Mad Moe
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Registered: 14th Jun 01
Location: Northumberland
User status: Offline
25th Nov 07 at 18:50   View User's Profile U2U Member Reply With Quote

I didn't think seatbelts were compulsory for adult rear seat passengers?
James
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Registered: 1st Jun 02
Location: Surrey
User status: Offline
25th Nov 07 at 18:51   View User's Profile U2U Member Reply With Quote

Like most people, Julie knew her killer


[Edited on 25-11-2007 by James]
Jakey
Premium Member

Registered: 4th Jun 07
Location: Sandbach
User status: Offline
25th Nov 07 at 19:04   View Garage View User's Profile U2U Member Reply With Quote

my mate was a passenger in a crash (not there fault) and he wasnt wearing a seatbelt, unsure what kind of insurance he had but he's managed to get just under half of the claim he would of got if he was wearing a seatbelt.
JM Curdy
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Registered: 20th Jan 05
Location: Stranraer, Scotland
User status: Offline
25th Nov 07 at 19:24   View User's Profile U2U Member Reply With Quote

the fact the driver was doing such a ridiculous speed overtaking down a hill surely puts all blame in his hands, for his wreckless and dangerous driving and putting his passengers at risk. im very very lucky to be alive and am greatful for tht. but ive jus built myself up and have his the floor financially again
mattk
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Registered: 27th Feb 06
Location: St. Helens
User status: Offline
25th Nov 07 at 19:25   View User's Profile U2U Member Reply With Quote

what car were you in? and how fast were you going?
JM Curdy
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Registered: 20th Jan 05
Location: Stranraer, Scotland
User status: Offline
25th Nov 07 at 19:26   View User's Profile U2U Member Reply With Quote

i dont want to say on a public forum, it was a saxo
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
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25th Nov 07 at 19:28   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by JM Curdy
i wasnt sure wether seatbelts were compulsory for rear adult passengers


Do you have a driving licence? What about a TV? Some common sense perhaps?

You have a claim but it will be substantially reduced given your contributory negligence. Might even be that you end up paying legal fees to fight a case which you'll only marginally profit from.

Probably better to look happy and buy yourself a highway code to read while you're recovering.
mattk
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Registered: 27th Feb 06
Location: St. Helens
User status: Offline
25th Nov 07 at 19:28   View User's Profile U2U Member Reply With Quote

oooo unlucky id hate to crash one of those

Join premium and tell us in the private bit then
JM Curdy
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Registered: 20th Jan 05
Location: Stranraer, Scotland
User status: Offline
25th Nov 07 at 19:30   View User's Profile U2U Member Reply With Quote

no i dont drive and now dont intend on, altho i was only jus beginning to learn, im not really interested in huge windfalls and thousand pounds of claims, but to have no income through christmas and new year from an accident that wasnt ure fault and was solely the drivers fault is rubbish
Kurt
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Registered: 23rd Oct 05
Location: Hi
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25th Nov 07 at 19:32   View User's Profile U2U Member Reply With Quote

mattk
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Registered: 27th Feb 06
Location: St. Helens
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25th Nov 07 at 19:32   View User's Profile U2U Member Reply With Quote

Could you not tell the fuckwitt driving to slow down, Id have just got out my self
JM Curdy
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Registered: 20th Jan 05
Location: Stranraer, Scotland
User status: Offline
25th Nov 07 at 19:33   View User's Profile U2U Member Reply With Quote

i was sleeping in the back, woke up to screams and seen us heading towards a brick wall, i tried to shield my self low down into a chair but ended up unconcious under the steering wheel
mattk
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Registered: 27th Feb 06
Location: St. Helens
User status: Offline
25th Nov 07 at 19:35   View User's Profile U2U Member Reply With Quote

fair play then fella

I did somthing simmilar last week
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
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25th Nov 07 at 19:36   View Garage View User's Profile U2U Member Reply With Quote

I think this guy will need prosecuting with DD before you can even consider a claim. I think you have one, but it'll need to outweigh your own fault.
JM Curdy
Member

Registered: 20th Jan 05
Location: Stranraer, Scotland
User status: Offline
25th Nov 07 at 19:37   View User's Profile U2U Member Reply With Quote

u2u'd ian
wide boy
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Registered: 24th Nov 07
Location: east sussex
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25th Nov 07 at 21:18   View User's Profile U2U Member Reply With Quote

personally i think the driver if at fault should be banned from the roads and take his test again esspacailly as he's putting his passengers at risk mate ur lucky to be alive i lost a friend last year because they didnt have there seatbelt on all the passengers did and they suvived but the driver thought different u could be entitaled to money but just think you could of killed anyone in the front just because you didnt have your belt on

[Edited on 25-11-2007 by wide boy]

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