Car Accident - liability not accepted

SJV_ART

This is my first ever thread - I would like some help please.

My daughter was driving my car (insured in my name fully comp) when she was in the left hand lane of a roundabout doing approx 15 mph - she was in collision with a motorcyclist who drove into her door and wing mirror. My daughter was going straight across the roundabout. The motorcyclist picked his bike up, pushed it to the side of the road and was not injured. My daughter was shaken up but also not injured. Behind her car was an off duty paramedic who saw the accident, but will now not make a statement. The motorcyclist admitted liability at the scene of the accident in front of my daughter, the police, the paramedic and another witness who stopped and gave me his details. The problem I have is that the witness will not give a statement as he has been told in the past that if he takes a day off work to go to court he will not recoup these monies and does not want this to happen again. The motorcyclist the next day changed his mind and is now NOT accepting liability. We now have no witness statements and to top it all the motorcyclist is claiming personal injury (?)!! We have been through insurance and the parties will not accept 50/50. My car was a write off, I am per suing this claim only for £400 excess. The motorcyclist is now asking for £6000 for a new bike etc.... Tell me, why is it said to never admit liability at the scene? What does that mean....he did, and has changed his mind. Also the case has now been listed with a court date. My daughter has to travel from uni and I need to take time off work. Shall we just "pull out" as its now not worth persuing finically? What will happen to my insurance? This case has been going on for over a year now.....what help can you offer me please?

ihateyes

if your daughter was going straight through the roundabout, and the motorcyclist hit the door, id assume (IMO), the motorcyclist was already on the roundabout and had right of way. im simple terms your daughter pulled out on the motorcyclist. im only assuming this as you have not stated whereabouts on the roundabout, but this is the most logical explanation to me. it is very easy for a motorbike to be written of... if the frame of the bike becomes kinked. you should also expect a personal injury of around £4k for no broken bones.

if you dont contest then your insurance will pay out. it will be marked as a fault on your daughters insurance (possibly yours as well... im sure i read something similar on here a few weeks ago)

can i ask how a car is written off, when he only hit the door????

the bike and the p injury amount is from first hand experience. i do suffer from a bad back, and tbh £4k was not enough imo.

SJV_ART

..thanks for your reply. Car was written off as the cost of repairs overtook the value of the car (12 yr old Toyota Yaris)....albeit low mileage and one female owner! I hear what you say re the motorcyclist on the roundabout but he appeared once she was on it - he was going so fast! So, just to clarify, if I pull out now and let them deal with it, my insurance will go up -is that all? What are (if any) other consequences? Thanks for your help - I have had sleepless nights for months worrying about this. Appreciate your views.

Quentin

Are you sueing the third party personally? (ie you have paid for the claim to be issued and the court hearing?)

If so, have you taken legal advice on your chances?

Or has your insurer taken this action? (If so, then you shouldn't be worrying, and let them get on with it)

vax2002

If you are sueing the third party you can ask the court to issue an order requiring the witness to attend court for questioning.

ihateyes

SJV_ART wrote: »

..thanks for your reply. Car was written off as the cost of repairs overtook the value of the car (12 yr old Toyota Yaris)....albeit low mileage and one female owner! I hear what you say re the motorcyclist on the roundabout but he appeared once she was on it - he was going so fast! So, just to clarify, if I pull out now and let them deal with it, my insurance will go up -is that all? What are (if any) other consequences? Thanks for your help - I have had sleepless nights for months worrying about this. Appreciate your views.

proving someone was speeding can be very hard to prove.

Law will look upon the fact if someone has right away and someone pulls out, its their fault. You would need experts involved who might be able to determine the speed of the other driver as a mitagating circumstance.

one thing i am confused about though, are you suing for just the excess or the car?

phill99

I know your daughters never wrong in your eyes, but she may have been in the wrong. If someone hit her while she's on the roundabout, she is likely to be at fault. You have only her story to go on. You weren't there as a witness. You just need to let your insurance company deal with it. Accidents on roundabouts are never cut and dried the same way as say someone running into th back of you.

SJV_ART

Thanks for all your advice. I am only claiming for the excess payment we had to endure on our insurance - we received a small amount for the written off car and are only claiming £400 excess. I quite understand what others have said about my daughter on the roundabout and I do understand that issue - speed is difficult to prove but what is frustrating is that we had two witnesses. We cannot subpoena them to Court if they have not written a Statement. We could have done if they had written one. We are using the Solicitors provided by the Car insurance Co but to be honest I wonder why they haven't advised us not to go ahead ...looking at the facts about the motorcyclist being on the roundabout first. He was speeding. She checked, he ws not on the roundabout, and pulled out, he, we think was turning right and changed his mind...to go straight on (which is what the witness said at the time) - is so difficult to prove. So, after mulling all this advice over, if we pull out completely (considering this) what will happen...?

Thanks for all replies.

phill99

SJV_ART wrote: »

He was speeding. She checked, he ws not on the roundabout, and pulled out, he, we think was turning right and changed his mind...to go straight on (which is what the witness said at the time) - is so difficult to prove. So, after mulling all this advice over, if we pull out completely (considering this) what will happen...?

Thanks for all replies.

But YOU don't know any of that because YOU weren't there. It's a difference of opinion between our daughter and the motorcyclist. Solicitors and insurance companies are interested in facts, none of which you have. So stop making assumptions.

ihateyes

the Judge would say your duaghter never looked properly.
I see many times on a roundabout people indicating earlier than they should, that said just because someone indicates, id never pull out till they have either come off the roundabout or they have passed me.

Its strange though that there were 'witnesses', but none of them willing to make a statement.

What you also need to remember here is a non fault accident will go against your daughters insurance, just like a fault accident, so either way this will affect your daughters insurance.

Quentin

SJV_ART wrote: »

... We are using the Solicitors provided by the Car insurance Co but to be honest I wonder why they haven't advised us not to go ahead ....

If your insurers have provided the solicitors, then they will have only taken this to court in the firm belief that you will win!

It costs to get as far down the line as they have (ie a court hearing), and they will not want to pull out now.

As far as you are concerned, you have nothing to lose by seeing this through (though the other side may just cave in anyway before it gets to court - they have to pay all the court costs if they lose, on top of your claim, and issuing court proceedings by your solicitor may be a tactic to get the third party to concentrate on the issue)

And as long as your daughter has told the truth, then even of this does end up in court and you lose, there will be no costs for you to pay (though you won't get your excess back, unless the court decides on a split liability when you would get the other sides liability as a proportion).

But if you win, not only will you get your excess back, but any NCD you have lost will be reinstated, and you won't have a fault claim (on both your records)!