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kiggles
02-08-13, 08:13 AM
I am seeking some advice on a incdent that happened a few months back and possibly looking at going through a no win no fee lawer place.

in may time this year I had a collision with a pedestrian which resulted in the third party being injured. I have since completed numberous documents about the incident and received a letter from the police informing me of no further action to be taken place against me. (this is because I have broken no laws so police are not charging me for any offences.

To sum up the incident a pedestrian walked out infront of me 20m+ from a pedestrian crossing (ie she was not on the crossing) which was green for traffic. She did not look and walked out straight infront of me although i tried to stop the collision happned.

I checked my email and the pedestrian is now claiming on my insurance dispite in my opinion it being her fault. I have not broken any laws its a simple case of someone J-walking with out looking. I have only got 3rd party insurance so any damages are not covered on my side.

Since the pedestrain has the cheek to claim on my insurance i now have to prove its not my fault which is a headache as losing my NCB for someone else makes me very angry.

I am thinking of Suing her regardless as I feel like I am being conned for someone elses mistake losing my NCB and having a damaged bike and needing a new helmet.


MAIN POINTS I WANT TO KNOW:

- could someone recommend me a no win no fee lawer for bike specific for my case. (its not money I am after just the principle).

- Is there any chance of me keeping my NCB? I assume as I am one with insurance Its immediately my fault. (for example uninsured driver hits you will lose you NCB if you have to claim.)


just need some advice otherwise will have to sell bikes as Its getting to expensive.

454697819
02-08-13, 08:33 AM
You can take a civil case against her, if she has household insurance she will have most likely a standard liability cover which you can claim against.

Its not straight forward and unfortunately I thin precedence is set to prove that pedestrians are always innocent in RTA, but I cannot state the case law.

Shes got some nerve hasn't she?

best of luck

TamSV
02-08-13, 09:01 AM
If it can be established that the pedestrian was reckless then there is likely to be some element of contributory negligence on her part i.e. she would be responsible for a percentage of her own injuries (although this is far less likely if the pedestrian is a child).

Unfortunately, the vehicle driver generally has a higher burden of responsibility than the pedestrian, so it would be rare for you to be able to get out of it entirely - in which case loss of your NCD is fairly inevitable I'm afraid.

All depends on the circumstances though, so there's no harm in speaking to someone like White Dalton or similar. Once they have all the info from you they'll be able to give you some proper advice on your options.

kiggles
02-08-13, 09:32 AM
that is what I was affaid of. Its going to hard to prove it as its my word against hers. Although cttv footage of the crash after math shows location of the incident. Its so frustrating because I worked hard for my IAM and think bike, but still end up forking out shed loads just to use a motorcycle.

yorkie_chris
02-08-13, 09:32 AM
Can you get in touch with them/write to them and explain that it is might cost you a great deal of money in increased insurance costs etc. despite it being their fault. Just guilt them a bit so they don't think it's just the bottomless insurance pit they're getting a payout from.

That and/or give it 6 months and brake fluid their car. C*nts.

NTECUK
02-08-13, 09:42 AM
I can see helmet cams / car cams are going to become common place in this country .

A simmuler thing occurred when a young driver miss judged a corner and hit the juke .

she had the gual to try and claim injury .
we had to use the cctv play back tyre skid evidence to fight it using Diamonds legal team .

tonyk
02-08-13, 09:57 AM
Anyone at IAM to point you to bike lawyers ?..
This sucks hope you get sorted..pls keep us informed.
But i'm sure someone knows some good lawers on the forum.

Mark_h
02-08-13, 10:10 AM
Depending on which IAM group you are with you may have access to MAG. my group TVAM, comes with associate membership of MAG. I used a MAG lawyer to give me advice on a fight I had with Lambeth council.

kiggles
02-08-13, 10:17 AM
will check IAM website later anyone got any got solcitors? with a no win no fee basis?
I have not got much money, its not money I am after its the principle of claiming due it being her fault. Rang my insurance company and they said its hard to prove 100% liability on the other person. Often can be low as 20% but none the less NCB going so not a happy bunny.

Its funny how she apologised at the time of the crash where she knew she should have looked but as no one was there its cant be proved. Hope karma will level itself some time in the future.

yorkie_chris
02-08-13, 10:41 AM
Other party admitted liability at scene. Got to help.

NTECUK
02-08-13, 11:47 AM
An admission of guilt whilst the person is on there own is worth Jack .
Its countered by ", My client was confused after the collision and felt intimidated by the motorcyclest "....

nikon70
02-08-13, 12:15 PM
I used White Dalton with a similar case with a cyclist... didn't get anywhere apart from a bill for repairs to my bike :( the cyclist didn't have any houses or insurance that could pay out so in a no win no fee it won't go any further.

I could have taken him to court but its time a money... and tbh damage was more to my confidence than the bike really....

yorkie_chris
02-08-13, 01:10 PM
For the sake of it I might even be tempted to try take someone to small claims over it, it would be worth it just if it made them sweat for a few months.

team-monkey
02-08-13, 01:33 PM
Can you get in touch with them/write to them and explain that it is might cost you a great deal of money in increased insurance costs etc. despite it being their fault. Just guilt them a bit so they don't think it's just the bottomless insurance pit they're getting a payout from.

That and/or give it 6 months and brake fluid their car. C*nts.

The last bit made me chuckle. Also wouldn't be too against it myself considering the circumstances if you can't get anywhere with the counter sue thing...

yorkie_chris
02-08-13, 01:37 PM
The last bit made me chuckle. Also wouldn't be too against it myself considering the circumstances if you can't get anywhere with the counter sue thing...

Fair's fair!

My mate ran into the back of someone, breaking their fog light. He paid for it out of his own pocket with promises of no insurance, they took the money and then went through insurance and whiplash claim anyway. Being naive he had no reciept of the cash paid.

So he let it go and took the insurance hit, but they needed a respray every 6 months or so for a good couple of years. Ain't karma a fooker :mrgreen:

NTECUK
02-08-13, 02:38 PM
Nitromorse ia far better than brake fluid .

phil24_7
04-08-13, 10:28 PM
Nitromorse ia far better than brake fluid .

The new stuff isn't!

NTECUK
04-08-13, 11:06 PM
Ok Ill remember that,
read a review on it too
Very poor 25 May 2013
By mellobenno (http://reviews.screwfix.com/5873redes-en_gb/mellobenno/profile.htm)
, Newbury

"Compared to the old Nitromors this new formula is rubbish. It takes multiple coats to strip paint whereas it used to take only 1 or 2 with the old formula. I won't be buying this again."

stuR
05-08-13, 06:29 AM
Rubbish situation, i remeber seeing your thread about the accident when it happened. I have no idea on what would happen with regards to suing, never been in that situation. Hope all gets resolved, and as above you can always leave her a few presents if you end up being out of pocket.

ClunkintheUK
05-08-13, 09:06 AM
Good luck Kiggles. I had a similar thing about a month ago with the car (petrol station, small swapping of paint with a POS transit at 2 mph. He is claiming for a new door and pillar.)

I think it has been suggested, but contact her telling her if she continues to try to claim against your insurance despite it being her fault you will counter sue her for your loss of NCB, loss of time in dealing with this, damage to your bike, but also look to prosecute her for insurance fraud.

At the moment for her it is a No Win No Fee type situation. Nothing bad will happen to her if she doesn't get an insurance pay out, so there is no downside to her for trying. If however, she will potentially be taken to court for damages and possible criminal court, it might make her think twice. I wouldn't contact her with this straight away, but initially with the more softly softly trying to guilt her. If she is a cnut about it at all then calmly threaten her with suing and prosecution.

kiggles
05-08-13, 07:31 PM
I cant contact her as i got her details via the police.

I going to have to just wait it out and aim to go through small claims court or something. either way its inconvenience and totally unfair for me. I thought cyclists were bad but this is ridiculous.

Bibio
05-08-13, 07:49 PM
i'm going to play devils advocate here. as far as i'm aware there is no law regarding so called 'J-walking' in this country. it's a drivers responsibility to look out for pedestrians.

think of it this way, it could have been a child that ran out in front of you.

her claiming on your insurance for injury is a bit below the belt but if you have caused her damage (that just might rear it's ugly head later in life) then you would have done the same.

chalk it up as experience and move on.

phil24_7
05-08-13, 08:31 PM
Bibio - I completely disagree with the point implying that anyone would claim in the same position. I firmly believe that I am responsible for my own actions, no matter what the outcome. The idea that people should claim for injuries that are their own fault is what is wrong with modern day society.

stuR
05-08-13, 09:15 PM
I firmly believe that I am responsible for my own actions, no matter what the outcome.
Agreed, if the bint had looked, kiggles wouldnt be in this predicament.

DJ123
05-08-13, 09:23 PM
Agreed, if the bint had looked, kiggles wouldnt be in this predicament.

Same can be said of Kiggles. Its up to both parties to check for safety, but the responsibility remains that of the driver. Look at crashes involving cyclists and motor vehicles. Even if the cyclist is at fault and put themselves in danger the driver is still held on a charge.

stuR
05-08-13, 09:32 PM
Yes, but no matter how observant someone is, if somebody steps out close to you then you may have no time/not enough time to react..is that your fault? Nope, matter is out of your hands.

DJ123
05-08-13, 09:37 PM
Correct. It simply shows how aware you need to be when driving on the road and to be prepared for anything.
As a certain saying goes, its better to be alive and wrong than dead and right.

yorkie_chris
05-08-13, 09:57 PM
So what? That doesn't make it right for this fookin slag to do the dirty on him because she's too fookin stupid to watch where she's going.

Roll over and chalk it up to experience? What?! How is that right? Do everything you possibly can to avoid it and if she gets away with it then make sure she doesn't get away with it. If everyone did that then these f***ing parasites wouldn't get such an easy ride.

Bibio
05-08-13, 10:05 PM
if you were to be knocked down by someone and suffered loss of wages and your mortgage was at risk i think you might think different.

don't get me wrong peeps i completely agree about being a claim happy society these days.

i had an ambulance chaser cold calling at the door the other day and i'm sure the whole street heard me. opened the door and was met by:
him - have you had an accident lately
me - no
him - do you know of anyone who has
me - no
him - are you sure
me - ~~'#'#@@

it was the way he said 'are you sure' that really got me hackles up.

but my point still stands ''it could have been a child'' so i think Kiggles should think himself lucky. it could happen to any of us at any time and no matter how advanced a rider you think you are or how much training you have had it wont matter, it might help but some things are beyond the scope of human possibility.

there was a case in Edinburgh when i was younger of a student pizzed out his brains staggered onto a road and got run over. if i remember the driver got banned and the student got a huge settlement. the road was then closed off at weekend nights as a result.

phil24_7
05-08-13, 10:25 PM
if you were to be knocked down by someone and suffered loss of wages and your mortgage was at risk i think you might think different.

Not at all. If it was MY FAULT, I would take the consequences, I always have. I could have won many a compo claim over the years but just because I can doesn't mean I should. It's the $hit heads that do that are bringing our society and economy to it's knees (along with the banks!). I could rant on for hours on the subject but I would end up spitting blood and be angry for the next week!

Bibio
05-08-13, 10:39 PM
yes but Phill you have a conscience just like most people, there are however some people that dense they think the word revolves round them, then all it takes is friends on faceache and twitthead telling her to claim. just like this forum saying the Kiggles is not to blame. it was an accident shizz happens. counter claiming is just as bad.

yorkie_chris
06-08-13, 07:56 AM
I say counter claiming (whether that be legally, or with petrol) is just the deterrent people need to "gently encourage" them to not claim for stuff.

All it would take is enough people saying "well I tried injurylawyers4u but then I got all these letters about being taken to court and threats of insurance fraud charges"... word would soon get around.

That and to create the peer pressure environment... "oh you had whiplash... YOU C*NT... YOU- PERSONALLY are why I can't afford to drive a car" is what we need.

AND all it might take is a letter to appeal to this lemmings better side, maybe no legal action at all. Worth a go for sure.

NTECUK
07-08-13, 08:47 PM
In the mean time , Join ROSPA or the like.
They try and teach you to pick out hazards like you encounterd.
You have to ride with the attituded that there out to get you. Allot are nowadays

kiggles
07-08-13, 09:30 PM
I am not wasting more of my time doing on how to ride a bike. done think bike, done IAM and still have high insurance and still have accidents and near miss's due to others. Pedestrians need to be educated on how to use footpaths and crossing. I do all weather riding and done 40k+ miles which is more then most sunshine warriors.

from one of the offices in london I used to sit on while on my break staring out the window to a busy junction in monument. The amount of incidents that happen and the amount of near miss's due to pedestrians is ridiculous! even started feeling sorry for cyclists whom were obeying laws of the road one of which almost got run over due to a pedestrian.

lesson to learn here. If your going to hit someone due to their ignorance do it in a car and do it properly. So if your going to loss your no claims bonus make the most of it. Darwin's evolution applies. We all know well that I could have easily broken bones and got bad injuries and got F*** all for it as i am third party and people would still have no sympathy for a young 24 male biker.

But happily feel sorry for a young 25 blonde bimbo of a mother. But there you go its reality. None the less NCB gone.

But in all seriousness other countries are much worse of accidents so I tend to feel happy I dont have a missing leg .

yorkie_chris
08-08-13, 08:09 AM
In China you'll get run over twice, as you don't get sued by a corpse.

ClunkintheUK
08-08-13, 08:12 AM
In Soviet Russia, insurance sues you.

tonyk
08-08-13, 08:26 AM
I totally dis agree with the biker is at fault wtf , she fxxxing lucky it was not a juggernaut ...the flipping cheek...
IMHO.
She sues you flipping SUE her for being STUPID....