Road Rage - Legal Advice pls!
#1
I have just had a letter from Norwich Union requesting my insurance details after I reacted badly to a Jaguar driver purposefully trying to squeeze me off the road recently. He ended up with a small black boot mark on his door, but was incensed, hence this… (edit - I was on a motorbike )
Jag man was completely out of order and PURPOSEFULLY and knowingly threatened my life with his car. Why? Well, I’d given him ‘a look’ earlier (just a look) for endangering me by his lane changing antics – cutting me up nastily. I was stood on the horn for what seemed like ages, but unbelievably he just kept coming at me. The cops came and made us swop details (after applying restraint…)
Now I was out of order in booting his door, but since there is no way I want to give him a financial bonus for trying to force me off the road to ‘get one over’, let alone lose any no-claims, what are my options?
Since I did not hit him with my vehicle, and my right boot is not insured fully comp, I would tend to see this as a civil ‘criminal damage’ issue? Is that right?
He could sue me for the damage, and I could (conceivably) counter-sue for ‘use of a car as a lethal weapon’. Again is that right?
It’s all on a very obviously positioned CCTV’ camera in Grays Inn Road which would clearly show his life threatening manoeuvre…
Any advice V welcome (and no I’m not a nutter and have never ever got physical in over 20 years driving and riding!).
D
[Edited by Diesel - 11/13/2002 9:35:14 PM]
Jag man was completely out of order and PURPOSEFULLY and knowingly threatened my life with his car. Why? Well, I’d given him ‘a look’ earlier (just a look) for endangering me by his lane changing antics – cutting me up nastily. I was stood on the horn for what seemed like ages, but unbelievably he just kept coming at me. The cops came and made us swop details (after applying restraint…)
Now I was out of order in booting his door, but since there is no way I want to give him a financial bonus for trying to force me off the road to ‘get one over’, let alone lose any no-claims, what are my options?
Since I did not hit him with my vehicle, and my right boot is not insured fully comp, I would tend to see this as a civil ‘criminal damage’ issue? Is that right?
He could sue me for the damage, and I could (conceivably) counter-sue for ‘use of a car as a lethal weapon’. Again is that right?
It’s all on a very obviously positioned CCTV’ camera in Grays Inn Road which would clearly show his life threatening manoeuvre…
Any advice V welcome (and no I’m not a nutter and have never ever got physical in over 20 years driving and riding!).
D
[Edited by Diesel - 11/13/2002 9:35:14 PM]
#3
If you didn't hit him with your bike then it's got nothing to do with your motor insurance. If the police turned up and you had kicked his car did he tell them ? What did they say ?
If you didn't bump cars why did the police make you exchange details?
Sorry for all the questions, but it's strange that if you kicked his car, and he told the police you should have been arrested for criminal damage (in black and white - not knowing the full story)
The police making you swap details suggests you bumped?
Why did the police come in the first place?
Where you on your bike when you kicked his car?
I will find out if there is some odd rule about you being on your bike counting as "having an accident" when you kicked the car.
cheers
Paul
[Edited by medders - 11/13/2002 10:24:43 PM]
If you didn't bump cars why did the police make you exchange details?
Sorry for all the questions, but it's strange that if you kicked his car, and he told the police you should have been arrested for criminal damage (in black and white - not knowing the full story)
The police making you swap details suggests you bumped?
Why did the police come in the first place?
Where you on your bike when you kicked his car?
I will find out if there is some odd rule about you being on your bike counting as "having an accident" when you kicked the car.
cheers
Paul
[Edited by medders - 11/13/2002 10:24:43 PM]
#4
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Legaly i dont think you do have to provide your INSURANCE detalis ( i may be wrong).
Just contact details, It was not your insurance company that had the incident, it was you. So if you want to pay yourself, you can. He can however make a claim for criminal damage and wether convicted or not he can also take you to a personal claims court.
Sorry to be the bearer of bad news though
John
Just contact details, It was not your insurance company that had the incident, it was you. So if you want to pay yourself, you can. He can however make a claim for criminal damage and wether convicted or not he can also take you to a personal claims court.
Sorry to be the bearer of bad news though
John
#7
"civil criminal damage" is a contradiction in terms. What you did is pure criminal damage with your foot.
Sounds like he deserved it though!
(edit) I agree that Jag drivers have got worse - it's the new models attracting a brasher, younger, less classy buyer. more like BMW customers in fact.
[Edited by zoog - 11/13/2002 10:42:45 PM]
Sounds like he deserved it though!
(edit) I agree that Jag drivers have got worse - it's the new models attracting a brasher, younger, less classy buyer. more like BMW customers in fact.
[Edited by zoog - 11/13/2002 10:42:45 PM]
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#8
Scooby Regular
Hang on a minute!!!
You bikers with your FULL BEAM on
Blinding EVERY driver on the road
Weaving in and out of traffic
Scaring the cr4p out of grannies crossing the road
THEN you go and KICK a car door - and try and wriggle out of it???!! You would be wriggling on the end of my arm if you touched my car with your great big oily boots!!
Just IMHO of course!!
Pete
You bikers with your FULL BEAM on
Blinding EVERY driver on the road
Weaving in and out of traffic
Scaring the cr4p out of grannies crossing the road
THEN you go and KICK a car door - and try and wriggle out of it???!! You would be wriggling on the end of my arm if you touched my car with your great big oily boots!!
Just IMHO of course!!
Pete
#9
Thanks for the advice guys and up yours PS Lewis! I'm sure you would have been all sweetnes and light if someone tried to force YOU of the road.
Medders - answers to your kind q's - "If the police turned up and you had kicked his car did he tell them ". Yes, and I honestly admitted it? I wasn't proud but neither was I going to squirm or lie.
"What did they say" Nothing really, they saw both sides of the story I guess, and simply made us swop addresses.
"If you didn't bump cars why did the police make you exchange details"? I guess they treated my boot as an RTA?
"The police making you swap details suggests you bumped?" No
"Why did the police come in the first place"? Happened to be passing...
"Where you on your bike when you kicked his car?" Yes, and in my lane.
Again thanks for any pre-solicitor advice, and again I am no nutter! This kind of thing happens all the time (the term is 'cutting up' i belive ) and we all just shrig it off and brake. This one was purposefully malicious though..
D
Medders - answers to your kind q's - "If the police turned up and you had kicked his car did he tell them ". Yes, and I honestly admitted it? I wasn't proud but neither was I going to squirm or lie.
"What did they say" Nothing really, they saw both sides of the story I guess, and simply made us swop addresses.
"If you didn't bump cars why did the police make you exchange details"? I guess they treated my boot as an RTA?
"The police making you swap details suggests you bumped?" No
"Why did the police come in the first place"? Happened to be passing...
"Where you on your bike when you kicked his car?" Yes, and in my lane.
Again thanks for any pre-solicitor advice, and again I am no nutter! This kind of thing happens all the time (the term is 'cutting up' i belive ) and we all just shrig it off and brake. This one was purposefully malicious though..
D
#10
You would be wriggling on the end of my arm if you touched my car with your great big oily boots!!
#11
I think there is some ancient law about bikes etc being allowed specific amount of space on the public highway and that defending it with yer boots from those that cramp your 'space' is allowed..given you were riding at the time!
Fixed rate solictor interview sounds the best advice or ask your insurance companys legal dept (may be free)
Tony
Fixed rate solictor interview sounds the best advice or ask your insurance companys legal dept (may be free)
Tony
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