Insurance

PU7E · 10 Dec 2012 at 09:45

So after the learner driver pulling out on me on a roundabout back in July, I recieve a letter through the post this morning from the instructors insurance company demanding 4k....

I obviously want to contest this but my insurance company are useless and even after 2 requests back in Feburay they never put legal aid on my policy and I now don't have any, do I need it for contesting the claim?

Has anyone had a situation like this before and what did you do?

PU7E · 10 Dec 2012 at 11:50

gillywibble said:
Your insurer will contest the claim, legal cover is for you to pursue your own claim against them.

After a bit of research this seems to be the case, I was starting to get really worried there and having glum thoughts of silly high legal bills.

I phone my insurance at the time and gave them a full report on it, so should be straight forward.

PU7E · 10 Dec 2012 at 12:22

apeksdiver said:
Just forward it to your insurance company, I had someone trying to put a CCJ on me when there was a collision as they thought the insurance company were dragging their heels so came after me!

Can they do that?

PU7E · 11 Dec 2012 at 14:06

gillywibble said:
Yes, of course they can. A claimant has the right to issue court proceedings at any time, subject to giving appropriate notice under the Road Traffic Act. However, it is only likely to occur where there is a dispute over the accident circumstances and/or the amount of compensation to be awarded.

In the majority of cases, court proceedings are avoided by way of negotiation in order to keep costs to a minimum.

A judgment will only be awarded in circumstances where a decision is reached at trial or where the proceedings are not responded to. The latter situation would be very unlikely where you have insurance.

Started the ball rolling and have the accident number from when I reported it back in June, gave my insurance company a call earlier and I've now faxed them the letter.

Hopefully it's straightforward, although with the fact I have this letter I have a feeling the instructor is going to contest and try and milk it for all he can.

How long do these things tend to take?

PU7E · 20 Jun 2014 at 11:21

"Holly thread revival batman"

Well 2 years on and the instructors insurance company are taking my insurance company to court.

My insurance company have instructed a solicitor to act on their behalf, the case seems to be between the instructor and my insurance company and the solicitor and I seem to be a witness in the case.

Anyone been through anything similar and have any advice as to what is actually going on and if I myself should be doing something?

All I've been asked for so far is dates I can't attend a hearing.

PU7E · 20 Jun 2014 at 12:17

Fireskull said:
So whats the back story to this again?

Learned driver pulled out on you? so I am guessing an accident happened? and now the instructors insurance wants to blame you? lol

Learner driver pulled out, I swerved to the rear to try and avoid them as swerving in front of the car is just stupid and they want to blame me and are taking it to court.

On the bright side I now have a Drift HD and don't leave the house without it recording

PU7E · 20 Jun 2014 at 12:38

Fireskull said:
This is one of those cases where if you are not found at fault that instructor should loose the right to teach people, this culture of lying and blame on insurance needs to stop

*Haha was just going to say another plus point for wearing a camera every ride

It does suck, but I guess that's how it goes. I'm just wondering if I need a lawyer?

I'm now considering selling the SV, getting some slippers a pipe and a R1200GS

PU7E · 20 Jun 2014 at 13:42

Well the case is between the other party (named) and the insurance company, the insurance company have a lawyer and want me as the witness, so not sure who the case is between and who the lawyer is really for and if I need one or just that one.

PU7E · 20 Jun 2014 at 15:51

I phoned them earlier but there was a lot to go over, I'll give them a call when I'm back from Glastonbury

to get further clarification.

PU7E · 20 Jun 2014 at 16:42

This is making me quite concerned about the legal costs now....

PU7E · 4 Sep 2014 at 14:27

Well the court date has been set, I've finally got clarification from the Lawyer, the case is between the third party and me with me listed as a defendant, I'm sure that means the case is also against me, the lawyer isn't being very specific?

The lawyer for my insurance firm has sent me a statement questionnaire, not sure if I should just fill it in myself or seek a no win no fee bike lawyer to assist, anyone with any experience of this would be appreciated?

Also what happens if for some bizarre reason the case goes in their favour, would I be liable for their legal costs?