Insurance Claim Help

MrGixer

Hi there,

I was wondering whether anyone could give me any advice?

In May 2010 I was riding home from work on my Motorcycle, traffic was busy and very congested at a busy junction of the M25, so I filtered through the traffic to the front, and positioned myself infront of a car. The traffic coming from the right on the roundabout was continuous, as a result, I waited for a clearing to pull out.

Whilst waiting, the car behind me pulled out and hit the rear of my motorcycle, luckily as I was stationary, I had my foot on the ground and just managed to keep my motorcycle from falling over on top of me. The drivers bumper was stuck on my wheel and I had to pull my motorcycle forward to put it on the stand to then talk to the other driver to take his details. At the time, the driver said "I'm really sorry, I thought you had pulled away and didn't see you" and said he would inform his insurance company of the incident. As did I.

The damage to my vehicle was superficial and only cost around £100 to fix, which I paid and did the work myself. My solicitors have been trying to claim against the other drivers insurance ever since. However, here lies the problem;

The other driver has told his insurance company that I was overtaking and then cut him up as he was driving forward, resulting in him going in to the back of me. And he is claiming against me for damages to his vehicle (An 'F Reg' VW Golf - approx value of vehicle £200-£300). My motorcycle at the time was worth £5000. Value is really irrelevant, its just frustrated me that he has lied as my solicitors are now saying that they may not take it to court as they may risk losing and that i should contemplate taking half the blame.

I am not happy to do this, and I will not take any responsibility for any accident that was not my fault. I have said to my solicitors that if his version of events had actually happened and he had gone into the back of my motorbike whilst i was moving, that it would be impossible for me to keep balance and I would have dropped the bike resulting in much more that £100 of damage. They agreed, but said it would be up to a judge to decide and they don't think it is worth the risk of going to court and losing.

I would really appreciate some advice of what to do:

- I do not need the £100 that it cost me to repair my bike, but would like it back out of principle.
- I do not want to lose my no-claims bonus for something that was not my fault.
- Would a judge be likely to look at this logically, and agree that if the car drivers version of events had happened, then he would have knocked me off my bike.
- Why would the car driver apologise to me, and then not follow through with what he said he was going to do.
- Are there any steps that I can take to get this resolved without admitting fault, or part fault for something that was not my fault?

Any advice would be appreciated.

Thanks

Neil

Quentin

A judge is likely to rule he cannot decide who is telling the truth, and in the absence of witnesses reject your claim.

Take the advice of your solicitor on this.

MrGixer

Quentin wrote: »

A judge is likely to rule he cannot decide who is telling the truth, and in the absence of witnesses reject your claim.

Take the advice of your solicitor on this.

I know what you are saying, and if it weren't for the fact that I would lose my no claims bonus, I would be tempted to. However, a principle side of things tells me that I should fight it and scenarios like this should not happen.

Quentin

You got to be practical!

How can the judge decide when faced with one word against another?

And if you lose you will have to pay all the court costs plus the defendant's expenses plus your own solicitor!

If it goes 50/50 you can save your NCD by paying the 50% (less 50% of your repair costs) to the other side yourself.

MrGixer

Quentin wrote: »

You got to be practical!

How can the judge decide when faced with one word against another?

And if you lose you will have to pay all the court costs plus the defendant's expenses plus your own solicitor!

If it goes 50/50 you can save your NCD by paying the 50% (less 50% of your repair costs) to the other side yourself.

But I have done nothing wrong and this is costing me money.....

I think it is a bit of a joke to be honest... Why can't people just be honest? And, if people are going to lie, can't thier own insurance companies look at things logically?? It is impossible for his version of events to happen. Thats my point, and I do not see why I should be penalised just because someone decided to lie.

Quentin

I know it's a bummer - but there it is unfortunately.

You are getting professional advice over this (from your solicitor), and if you can afford to pay for some more of his time, get him to expand on why he is advising you against pursuing this to court!

lisyloo

But I have done nothing wrong and this is costing me money.....

I totally appreciate your viewpoint, but you must see that insurers are not going to spend thousands going to court to argue over a few hundred.

can't thier own insurance companies look at things logically??

The logic is thousands of pounds to go to court versus a few hundred to pay out.
They ARE looking at it logically just not in a way that's good for you.

It is impossible for his version of events to happen.

But it will cost thousands.
Are you prepared to put up the money?

Try to get independent witnesses if it happens again.
Or another idea is to get a helmet camera.
I have one of these and it would disprove his version of events, but I must admit I don't wear it 100% of the time (uses a lot of batteries).

I totally sympathise with your situation but this happens all the time, because it costs so much to go to court.
Did no-one stop and offer their details?
Next time try to wave someone down or consider a camera, they are inexpensive these days (compared to an accident).
You've just reminded me to put mine on more frequently even if it does cost in batteries.

lisyloo

BTW I have this one

http://www.actioncameras.co.uk/X170

Might also make people a little more wary of you and pay a bit more attention.

alistair.long

Firstly the amount claimed is £100, if your solicitor takes the claim to court and you are not injured then the solicitor will only get paid £80.
It is therefore maybe why they are not being helpfull.

Also if the case goes to court, it would seem the judge would order 50/50. You can however make a claim in your own time and if you get 50/50 you only have to pay their solicitor £40.

Quentin

It won't just be £40 the OP would be down.

He'd be faced with the court costs, expenses for the defendant, loss of earnings for the defendant etc.

MrGixer

The idiot is now trying to claim on my insurance and if it is split 50/50, I will have a claim on my clean record and lose my no claims bonus. I do not care about £100, it's nothing money really. I've already paid it out and have no need for it. I do however, care about the hundreds of pounds it will cost me extra in insurance in coming years. All because someone admitted fault to me at the time and is now lying.

I hate this system, it's a joke.

As for witnesses, no one offered help at the time and those I tried to stop, just drive on. I suppose that's what happens in rush hour on the M25!