Take to third party to court for fabricated counter claim?

Fett132

A month ago I was riding home from work. As I was nearing my home I crossed a roundabout in the outside lane correctly but as I came to exit the roundabout a car came from my left and cleared me straight off the bike.

Several witnesses, police reports, no vehicles were moved. All pretty good news for me. I was taken to the hospital for x-rays as the car had crushed my foot. Fortunately no breaks.

Im claiming for loss of earnings, my bike has been written off and also claiming for injuries.

Had a letter from the traffic criminal justice letting me know they are investigating the situation. Witness statements were sent to my insurer and solicitor. All is good.

Today I received a phone call from my insurer saying that the third party have made a counter claim, saying that I was trying to over take on the roundabout. Not only is this ridiculous, but there are multiple witnesses. The police also saw the position of the vehicles. Their claim is an absolutely impossible circumstance so Im not worried about it having any weight.

My question is, can I take this person to court for their completely falsified counter claim? For wasting my time and causing more distress. The situation has already caused distress as it was the day before my birthday and we had to cancel all of the plans. Im also incredibly nervous about riding still a month afterwards.

I think its an incredible cheek to almost break someones leg because you werent looking where you were going before you entered a roundabout, let alone claim it was the other persons fault.

Id really like to take this further, but not sure if it is at all possible. Has anyone else encountered a situation like this?

Quentin

Discuss this with whoever is dealing with your claim against the third party, as they will need to respond to the counterclaim anyway.

You cannot take someone to court just for wasting your time and distress, you first will need to claim compensation for your lost time and distress and take it from their response, where you ultimately could take legal action - though it would have to be initially funded yourself, and the costs added to your claim, to be paid by the defendant only if you were to win.