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Car Hit My Motorbike - Third Party Saying Driver Not Involved or At Scene

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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Now maybe the time to consider using a claim handler.

    They would sort your bike/ any loss if earnings/injury compensation etc and any other losses you have experienced.
  • Quentin wrote: »
    Now maybe the time to consider using a claim handler.

    They would sort your bike/ any loss if earnings/injury compensation etc and any other losses you have experienced.


    I'm assuming the fella I've been corresponding with/chatting with is the claim handler. He's been updating me on all of the above. Today he's suggested that I should just have the third party pay for the damages to the bike and forfeit any claims for loss of earnings and injuries etc, as making a claim on the third party's insurance might not work out if it's "my account versus his", especially when the third party was accompanied by a witness. My claim handler (if that is his job title) says they can use the recordings I made of phone conversations but as the third party doesn't explicity say "it was my fault and I reversed into you" and instead offers to "make amends" and pay for damages to bike, it's not an admission of fault. As for why it's not an admission of fault, my claim handler said it could be seen that the third party is offering to pay for nearly £1000 worth of damages as a "good will" gesture! I know if someone hit my car I wouldn't be wanting to pay for their car to be repaired because I'm a nice guy, but apparently the court wouldn't see it in that way. Bizarre, but until I'm told differently apparently true.
  • Quentin
    Quentin Posts: 40,405 Forumite
    By "claim handler" I mean an accident management company. (Who would act on a no win no fee basis)
  • Quentin wrote: »
    By "claim handler" I mean an accident management company. (Who would act on a no win no fee basis)


    Thanks for clarifying. I've not no. I have been asked if I wanted to be put in touch with someone from the very first call I made, but I said I was happy to see how things develop (if at all). Likewise I was asked if I wanted a replacement bike - having my own car and naively thinking things would be sorted quickly I said it wasn't necessary.


    I've just called a damages claim management company, gone through basics, and they're calling me back later. I said about the third party driver, how their story had changed (more so than I've included here but didn't want to write an essay), how in the face of evidence of involvement they've now changed their story. And finally how I'm now offered this ultimatum - seems like blackmail at worst and obtaining statement under duress at best, but what do I know. Hopefully I'll know more when I speak to someone with legal qualifications and experience.
  • Nasqueron
    Nasqueron Posts: 11,085 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If he's told his insurer he wasn't there and then you have proof he was, they'll presumably take the rest of this claim with a pinch of salt given he's a proven liar. Forget his blackmail nonsense, his evidence isn't remotely credible and a third party witness coming from nowhere to confirm you drove into him (an accident he said didn't happen) would be laughed out of any court. His insurer are more likely to play ball given his lies and this blackmail attempt, just feed it all to the legal firm

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you have any of the chain of events in writing eg have they sent you a letter denying your claim because their client was not at the scene?

    As Nas has mentioned this would discredit their story.

    Who has relayed the "offer" to you, was it your own Insurer or did you speak directly to the other Insurer
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