insurance advice regarding accident

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.

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]

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.

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]

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]

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]

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]

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.

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]

Other party admitted liability at scene. Got to help.