Help please, urgent advice needed!!!

Simran

Hi, I would appreciate any advice on an accident yesterday. My wife had dropped off our daughter to school and was coming out of the give way to join the main road when a young motorcyclist suddenly appeared to her right. He applied the brakes but skidded and fell. She, & other motorists went to help him, he kept saying he was fine but they called the ambulance and police. The police questioned my wife and she explained that she had seen him far off and he seemed too far away so she started to enter the main road, but he suddenly appeared.

The motorcyclist texted her this morning and said he had to miss his exam yesterday and will have to retake it in 6 months, My wife feels awful for what happened. I am really worried too, thankfully the boy seems to be ok and I feel very bad that he had to miss his exam. I am also really worried for my wife, i.e. what could the consequences be for her, could she be charged for some offence and what course of action should she take?

Should she inform her insurance company at this stage or wait to see if the boy/police take any action?

What should she say/not say to the boy on the phone call?

Are there any good legal/motoring advisers in this area (we live in West London).

I would really appreciate guidance from anyone who is familiar in this area.

Many thanks

Anihilator

It sounds like technically a case for careless or dangerous driving could be made, most likely careless.

Insurance wise your wife is clearly liable, inform the insurers. Any correspondence from the cyclist should be passed to them to deal.

All you can do is wait and see.

Chances are you wont hear from the police again. The motorcyclist is highly likely to claim though I would imagine.

Maybe suggest your wife gets a few driving lessons to remind her about give ways etc.

Quentin

Simran wrote: »

What should she say/not say to the boy on the phone call?

Are there any good legal/motoring advisers in this area (we live in West London).

If the boy rings politely tell him to contact his insurers about this, and say you cannot make any other comment. (As previously advised, you need to inform your own insurers about this now).

Any solicitor will be able to assist if necessary, though wait and see if anything develops from the police. (Your insurer may provide you with legal assistance if you end up getting charged over this)

Simran

Thanks Quentin and Anihilator. My wife is wondering whether it is possible to keep the insurance companies out of this and to try and settle something with him direct, as presumably the moment the insurance companies register the incident, it will have an impact on future premiums for both of them?

bryanb

Simran wrote: »

Thanks Quentin and Anihilator. My wife is wondering whether it is possible to keep the insurance companies out of this ?

Not a wise thing to do, any claim could escalate. She should not admit liability.

neilmcl

Simran wrote: »

Thanks Quentin and Anihilator. My wife is wondering whether it is possible to keep the insurance companies out of this and to try and settle something with him direct, as presumably the moment the insurance companies register the incident, it will have an impact on future premiums for both of them?

I think you may find that your insurance company will expect you to inform them of any accidenct that may bring a claim against you, not doing so may void your policy. Also your post seems a bit contradictory. Firstly you state that the bike suddenly appeared then you go onto say that your wife noticed the bike from afar.

Agree with the others, do not admit liability even if she was and refer any further contact from the biker to their insurance co.

geri1965_2

Simran wrote: »

Thanks Quentin and Anihilator. My wife is wondering whether it is possible to keep the insurance companies out of this and to try and settle something with him direct, as presumably the moment the insurance companies register the incident, it will have an impact on future premiums for both of them?

As others have said, not a good idea. Did he say why he had to miss the exam? Was it just because of lack of transport (seems unlikely) or because he was injured?

The_Banker_5

Simran wrote: »

Thanks Quentin and Anihilator. My wife is wondering whether it is possible to keep the insurance companies out of this and to try and settle something with him direct, as presumably the moment the insurance companies register the incident, it will have an impact on future premiums for both of them?

Remember that the motorcyclist has 3 years to claim off any injuries.;)

The bill, topped up with the fees that the solicitors will charge could run into many tens of thousands of pounds.

Particularly if the motorcyclist finds he cannot work ever again.;)

Would you be prepared to finance this yourself out of your own pocket?

CHR15

No doubt the family and friends of the biker are encouraging him to ring a "no win, no fee" claims company for injuries.

She really needs to tell the insurers, having admitted seeing the biker, she has pretty much admitted liability (she didn't take into account his closing speed).

The risk of this going further is far too great. If it was a cracked number plate, maybe consider keeping them out of it.

The increase in premiums will be negligible compared to a personal injuries claim, and maybe educate her into paying more attention when she is behind the wheel.

Quentin

Simran wrote: »

My wife is wondering whether it is possible to keep the insurance companies out of this and to try and settle something with him direct, as presumably the moment the insurance companies register the incident, it will have an impact on future premiums for both of them?

As others say, forget this idea.

1) You breach your policy conditions if you don't inform your insurer. This could have repercussions in the future should the incident lead to further claims etc. (The third party may have already informed his own insurer)

2) This claim could end up being very expensive with possible loss of future earnings as well as personal injury compensation on top of any repair costs

Simran

Thanks everyone, it is very clear from the responses that she should inform the insurers, I'll feed this back.

I'm sure his reference to missing the exam implied that it was because he was taken in an ambulance to the hospital and may have needed to spend several hours there due to getting checked out etc. At the scene my wife says that he was telling everyone to go away as he was perfectly fine but my wife insisted he stay for the ambulance just in case he was hurt.

I dont think he is working at the moment as he said it was an A level exam, so may be a student.

Many thanks everyone