Bike / car accident

blondiedebtfree

Dont know if anyone here can help me?

When i came home today i had a bit of a shock. I had a letter from a man who i had a car accident with in October. He was on his bike and i clipped his back wheel and knocked him off. Felt really bad about the whole thing and was very sorry etc. (I was very sorry and trust me i dont want to dismiss this as i was my fault)

The man said he would find out how much it would be to fix his bike so we wouldnt have to go through insurance, so i said OK come back to me with the quote. A few weeks later my OH told him to go through our insurance as he wanted £300 for a new bike.

Today the man sent me a really angry letter saying he expects a cheque in the post as its been 16 weeks. So im not sure what to do as we told him we didnt have the money to pay so to go through insurance?? He put he will seek further compensation, so to prevent it i better give him a cheque. Very worried.

Trust me i believe he should get a new bike but can he take me to court? I have no job as got made redundant so VERY broke to the point of worried about losing my flat. Should i call the insurance company?

Ivory_Tinkler

Goodness, you really should have reported this to your insurance company straightaway as the guy could quite easily have put in a claim for compensation for injuries etc over and above the cost of a new bike. Get on the phone to them tomorrow although you might find that there is a deadline to report an accident that has now passed (I may be wrong about this but get onto them pronto).

blondiedebtfree

Ivory_Tinkler wrote: »

Goodness, you really should have reported this to your insurance company straightaway as the guy could quite easily have put in a claim for compensation for injuries etc over and above the cost of a new bike. Get on the phone to them tomorrow although you might find that there is a deadline to report an accident that has now passed (I may be wrong about this but get onto them pronto).

Thanks Ivory, i have called them now to report it and a lovely man helped me.
Thank you for your help xxx

Crazy_Jamie

He put he will seek further compensation, so to prevent it i better give him a cheque.

At any point at all during this whole event did he mention that he was injured as a result of the accident? When you knocked him off did he show any immediate signs of being injured afterwards? Would you have thought that his fall was sufficient to cause an injury?

The reason I ask is because he could have a few things on his mind. One is simply to scare you. One is to claim for an injury that he did actually suffer but decided not to claim for (he would still be entitled to damages for it, though), and one is to make up an injury in an effort to squeeze more compensation out of you. Take your pick at this point as to which one he is intending.

The important thing at this point is not to panic. Reporting the accident to your insurance company is a sensible move that you've now made. Now, at any point have you seen a report on the original bike saying it was a write off and it would be more economical to get a new one? If so, has he told you which bike he is intending to buy to replace it, and is it a like for like replacement? You are at fault here, but he can only recover what he has lost, and he should provide evidence of that. Don't take his word at face value, especially if he seems to have no problem getting aggressive and making threats. If he has provided this evidence to you and you are satisfied with it, then once again direct him to your insurance company.

If you haven't seen the evidence, then contact him once again reiterating that he will have to contact your insurance company with documentary evidence supporting his loss. Be careful to stay calm and professional, and not to descend to his level. If he does start legal proceedings against you there is a process to be followed, and you won't suddenly find yourself with a court summons with no warning. But in case that does happen and he wants to try his hand at exaggerating his loss, be sure to keep copies of all letters that are sent between you and him (ideally all contact made between you and him from this point on should be in a form that can be recorded, in other words letters or e-mails), especially the aggressive one making threats.

An alternative option at this point if he hasn't provided evidence is to try to settle this with him. Make him on offer of what your limit would be without going through your insurance company. If he accepts this then it has the double benefit of making this situation go away, and also not increasing your insurance premiums. Though of course don't push the envelope if he continues to be aggressive. In that case just direct him to your insurance company and don't deal with him directly.

BlueAngelCV

Did you provide him with details of your Insurers? I can see why he would be irritated if your OH said insurance would deal with it and then he heard nothing Why did she tell him to go through insurance but then not report the claim.

He can take you to court but this is what insurance is for.

bookworm1363

Worse case scenario: if he does take you to court, AND if he wins his case, then you can show an income and expenditure sheet to the judge showing how much you could reasonably give him per week/month, and as his debt would come well at the bottom of your essential expenses (mortgage/rent, council tax, water, electricity, gas, food etc), he could end up with £1 a week until he is paid off, so don't let it worry you too much. The expression "can't get blood out of a stone" springs to mind.

If you are worried about losing your home, this guy's bike should be the least of your worries at the moment. You have insurance, let them deal with it. and even if they won't, it's still not the end of the world. Don't let your guilt make you over worry about this.

BlueAngelCV

bookworm1363 wrote: »

Worse case scenario: if he does take you to court, AND if he wins his case, then you can show an income and expenditure sheet to the judge showing how much you could reasonably give him per week/month, and as his debt would come well at the bottom of your essential expenses (mortgage/rent, council tax, water, electricity, gas, food etc), he could end up with £1 a week until he is paid off, so don't let it worry you too much. The expression "can't get blood out of a stone" springs to mind.

If you are worried about losing your home, this guy's bike should be the least of your worries at the moment. You have insurance, let them deal with it. and even if they won't, it's still not the end of the world. Don't let your guilt make you over worry about this.

You shouldn't have to worry about any of that. Your insurance will deal with it. The money would not need to come from you, other than any agreed excess.

blondiedebtfree

Thank you all. I have now spoken to my insurer who is dealing with it. I did give the man all my insurance details straight away so he does have them.
Thanks for all your help. Very much appreciated but hopefully insurers will deal with it now!!! thank you xx

bookworm1363

That's why I said "worse case scenario", as in if the insurance were to refuse to deal with it because it's been too long or for whatever other reason.

bookworm1363

Sorry, we were writing at the same time.

Glad to hear your insurance is dealing with it, that'll be a weight off your mind.