driver denying he caused accident

kix2006

Hi! My partner was hit by a taxi driver who turned infront of his motorbike a year ago. His pelvis was completely shattered and had to have surgery and is still unable to work or even return to his normal job due to the accident. The Driver finally pleaded guilty in court and got a fine and points but he is still denying it to his insurance company which means my partner is not getting any sort of compensation.

Surely by him (the driver) pleading guilty in court and all the witness statements confirming he was at fault, the insurance company should pay out?? Our lawyers are saying there is nothing they can do until the driver admits it was his fault to his insurance company. I somehow think this is not correct but can not seem to find any information anywhere on the rules.

Can anyone please help??? thanks

kingstreet

The Driver finally pleaded guilty in court

With what offence was the driver convicted?

vaio

I'd be inclined to get a different (more pro active) lawyer although you don't really want the case settled until your man has recovered as much as he's going to so the permanent effects (if any) can be assessed

If you are suffering hardship because he can't work then an interim payment(s) can be applied for, again your lawyer should be suggesting this

dalesrider

Well given that insurance company advise is NEVER ADMIT FAULT... When involved in a accident.
Time to get a new legal team....

As a fellow biker. I would say pop over to Bike chat forums Search out the user T.C.
He is a ex traffic officer who now works for a claim company, dealing in the main with bike accidents. He also posts on cases that have hit courts and set presedents.
He would be by far the best person to talk to. While he may not be able to assist in your case he will provide sound advice.

Hope he starts mending soon and gets back in the saddle.

Quentin

The court case will concern some offence the third party is guilty of, rather than apportioning blame for the collision.

Despite this, assuming the offence was connected with the collision, then it should help the insurers sort out the liability issue.

As already advised, it is irrelevant whether or not the driver accepts liability, as it is not for him to do so, but his insurer. (Likewise it is not for witnesses to determine liability - their role is to state what they saw!)

Your solicitor knows this, and so his advice is poor, and as others have said it may be time to get a new solicitor on your case!

thenudeone

Get a different solicitor who knows what they are talking about.

Your solicitor should be making a claim against the other driver in the civil court. The court will look at the evidence and make a decision.

Whether or not he tells or involves his insurer in the case is irrelevant, because once the court has found in your favour his insurance company is automatically jointly liable and you can send the baliffs in (eventually!).