Sunday, February 03, 2008

Justice

In March of last year I posted about my latest motorcycle accident:
So there I was this morning, overtaking one of our lovely London black cabs, when he decided to execute a summary U-turn (as they are wont to do).
In May I posted again, detailing how the taxi driver was denying responsibility:
As it turns out out, the cabbie says it was my fault and is counter-claiming against me. His statement says, to paraphrase, that he checked his mirrors and began his U-turn, and that I "came along and hit" him. (presumably he means I came "from out of nowhere" and hit him). Well obviously. I mean look at the photo. Obviously this was a safe U-turn and I callously came along and hit him, right? I wish I'd put a bigger dent in his door, the fucker.

There will not be a negotiated settlement (shared fault and whatnot). I just lost my mood of congeniality and forgiveness. Every penny or bust.
The week before last, just as I was leaving on a European road trip -- the bike is all repaired and looking like a champ again -- I received word from my solicitors that the other side were offering a 75/25 liability settlement (i.e. 75% his fault). I refused it on principle. That choice was kind of risky, given that the money difference was relatively small, and since he never actually filed any claim against me in the end, I had nothing to lose by accepting. There was only the question of how much to gain. Would the court see it 100% my way? Could I really expect better than 75% if they fought me? It was possible I could do worse. But in this instance it wasn't about the money. It was about what was right. I figured I'd take my chances, and we'd have our day in court.

Yesterday, they capitulated, accepting 100% liability. I'll get every penny after all (which is, truthfully, probably more than the bike is even worth at this point). They're even being billed for processing that photo up top.

It's a small victory in the grand scheme of things. But when justice comes, it can be sweet.

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