Need help re PI claim against me already paid cash

Nodding_Donkey

If he's got any sense he'll say that the £2300 was to compensate him for the loss of NCB and the increased premiums he will pay. I doubt very much if his insurance company will let this go, especially if they know you have assets. Why should they or the rider be out of pocket?

Warwick_Hunt

Enough17 wrote: »

I had an at fault accident in May 17. Unfortunately with the at fault accident I wasn't insured. We had moved to NI, had updated address but insurer didn't cover Ni and none of us had sorted it. Thoroughly ashamed. Anyway I pulled out of a give way junction and a motorbike hit my left side. Called police (unaware was uninsured) and the mess unfolded.

Paid fine, 6 points and car taken away. No one hurt, slight bruising for the biker. Just very traumatised as had my 2 children in car. We settled privately (!!!!) I paid him £2300 in cash for his bike repairs of £4600. Nice man etc both just happy no one was hurt. This was all done by about Aug 17.

I've now received a letter from his sols saying he has personal injuries etc and I need to write back in10 days admitting liability. He was back riding his bike as we met up a couple of times re the repayments.

I totally understand and hold hands up to fact I was in the wrong...just really anxious and worried now at what he will be claiming for? We own a property can they go after that to pay for claim. We have debt so would really only be able to pay anything back in instalments very slowly...will I be able to do this??? That's my main concern. Do I admit liability? The mibi wrote to me saying 3rd party had also claimed 4600 through his ins and now they were looking to get that from me. I rang him when I received that and he said no just ignore them, I'm happy now, main thing is we're all ok. I think possibly he thinks he can just claim through them (mibi) and won't affect me or he knows damn well and doesn't care. Just need reassurance re instalment option. Hopefully you can help.

Thanks in advance. I can send letter received.

So the biker was hurt.

Manxman_in_exile

Enough17 wrote: »

I had an at fault accident in May 17. Unfortunately with the at fault accident I wasn't insured. We had moved to NI, had updated address but insurer didn't cover Ni and none of us had sorted it. Thoroughly ashamed. Anyway I pulled out of a give way junction and a motorbike hit my left side. Called police (unaware was uninsured) and the mess unfolded.

Paid fine, 6 points and car taken away. No one hurt, slight bruising for the biker. Just very traumatised as had my 2 children in car. We settled privately (!!!!) I paid him £2300 in cash for his bike repairs of £4600. Nice man etc both just happy no one was hurt. This was all done by about Aug 17.

I've now received a letter from his sols saying he has personal injuries etc and I need to write back in10 days admitting liability. He was back riding his bike as we met up a couple of times re the repayments.

I totally understand and hold hands up to fact I was in the wrong...just really anxious and worried now at what he will be claiming for? We own a property can they go after that to pay for claim. We have debt so would really only be able to pay anything back in instalments very slowly...will I be able to do this??? That's my main concern. Do I admit liability? The mibi wrote to me saying 3rd party had also claimed 4600 through his ins and now they were looking to get that from me. I rang him when I received that and he said no just ignore them, I'm happy now, main thing is we're all ok. I think possibly he thinks he can just claim through them (mibi) and won't affect me or he knows damn well and doesn't care. Just need reassurance re instalment option. Hopefully you can help.

Thanks in advance. I can send letter received.

OP - several posters have missed the fact you are in "Norn Iron" and that you were not insured (are you absolutely sure you weren't insured?)


Seek paid for legal advice (again are you sure you weren't insured?) as many civil liability laws in NI are different from those in England and Wales. Those differences may be in your favour - or they may not.


I say this because you sound like a recent immigrant to NI from UK.


EDIT: clutching at straws at straws but, (1) you weren't insured on your car because you didn't notify your insurers of moving to NI, but (2) do you have any legal cover on your house or contents insurance in NI?


If "yes" to (2) I would be using it.

brianposter

Enough17 wrote: »

bike repairs of £4600.

How damaged was the bike ?

You certainly dont admit liabilty unless you know exactly what is going on.

Manxman_in_exile

brianposter wrote: »

How damaged was the bike ?

You certainly dont admit liabilty unless you know exactly what is going on.

In NI expensive and high performance motorcycles are quite common - a lot more so than other places in the UK except possibly Lincolnshire. (I won't comment on how well or badly they are ridden!).


A £5k repair bill is entirely possible.


I definitely agree with your other point about not accepting liability - especially if not insured...

nicechap

Although I can understand how the insurance company would argue policyholder might not have update their address timorously (although OP says they did so surely knew they weren't fully insured), I thought NI was part of the EU and all insurance policies had to cover EU countries at least 3rd party?

shaun_from_Africa

macman wrote: »

Legal aid is not available for personal injury cases in a civil court. If a court case went against you and if you were unable to pay then the complainant could instruct bailiffs to seize property: however for this relatively small amount it's far more likely that the court would establish what you could afford to pay monthly, and set a payment schedule.

The problem is that at the moment nobody has any idea exactly how much could be claimed for at court.
The OP mentioned £4769 but this is only the amount paid out by the MIB for damage to the motorcycle.
Depending on what personal injuries are being claimed for, the total amount sought at court could be vastly in excess of this figure.

Car_54

nicechap wrote: »

Although I can understand how the insurance company would argue policyholder might not have update their address timorously (although OP says they did so surely knew they weren't fully insured), I thought NI was part of the EU and all insurance policies had to cover EU countries at least 3rd party?

I think the problem was that lived in NI, where they don't do business.

Enough17

nicechap wrote: »

Although I can understand how the insurance company would argue policyholder might not have update their address timorously (although OP says they did so surely knew they weren't fully insured), I thought NI was part of the EU and all insurance policies had to cover EU countries at least 3rd party?

shaun_from_Africa wrote: »

The problem is that at the moment nobody has any idea exactly how much could be claimed for at court.
The OP mentioned £4769 but this is only the amount paid out by the MIB for damage to the motorcycle.
Depending on what personal injuries are being claimed for, the total amount sought at court could be vastly in excess of this figure.

Yes that's exactly it Shaun, thanks.
Just looking at photos and discover the 3rd party's motorbike tax was out of date. The accident happened in NI, the 3rd party lives in the south (ROI). The solicitor I've received letter from is in ROI which would mean going to court in ROI. How will this impact things?

Aylesbury_Duck

Enough17 wrote: »

Just looking at photos and discover the 3rd party's motorbike tax was out of date. The accident happened in NI, the 3rd party lives in the south (ROI). The solicitor I've received letter from is in ROI which would mean going to court in ROI. How will this impact things?

It won't make any difference.