My OH was on his way to work on his motorbike, it was a foggy morning and he was rriding cautiously as just before joining the A38 was a shop where people regularly pulled in. He was at a sensible speed, aware that some idiot might be ignoring the 30mph speed limit and the fog and ram him from behind, however the vehicle that hit him was in the middle of the road, no lights, and reversing as he had overshot the parking spot he wanted. The bike was a write off but fortunately all he damaged was his thumb. The police attended and were made aware that there was a witness to the incident and his details had been given to the car driver. As it took place on the border of police areas another car arrived and took over as OH was taken to hospital in an ambulance to be checked over. The policewoman from the second station phoned a couple of days later and made reference to a female independent witness and said there was no other witness. She stated that as she had already written her report she could not add further details. Turned out that the so called independent witness was there to meet the car driver and the actual independent witness details had not been handed over. We knew that he was from the bakery delivering to the shop and being parked on the other side of the road had seen everything, fortunately he was local and we made contact and he was willing to make a statement if required.
We ended up having to take the driver and his insurance company to the small claims court to recover the cost of the bike. They had the nerve to claim the OH was "the author of his own misfortune" and would not be meeting the claim. In court we had all documentation, including true witness statement and a very clear hand drawn map of the location and position of the vehicles. The solicitor for the insurance company said what a good map it was and could he have a copy, my comment to OH was to the effect don't you dare, let them provide their own.
It took almost 4 years to the day, but they cancelled the final court hearing at the last minute, after attempting to change to a different location, and paid the claim in full. We suspected that either their case had collapsed because the driver was no longer in contact with his "witness", and/or had no evidence
We ended up having to take the driver and his insurance company to the small claims court to recover the cost of the bike. They had the nerve to claim the OH was "the author of his own misfortune" and would not be meeting the claim. In court we had all documentation, including true witness statement and a very clear hand drawn map of the location and position of the vehicles. The solicitor for the insurance company said what a good map it was and could he have a copy, my comment to OH was to the effect don't you dare, let them provide their own.
It took almost 4 years to the day, but they cancelled the final court hearing at the last minute, after attempting to change to a different location, and paid the claim in full. We suspected that either their case had collapsed because the driver was no longer in contact with his "witness", and/or had no evidence