She's claiming against me!!

Hello,

A couple of weeks ago I was filtering around the outside of stationary traffic on my SV when a dizzy old cow u-turned straight into me, hitting me full on in the left leg and breaking off my gear pedal in the process. As I wasn't hurt (praise to Sidi Vertebra's!!), and the damage to my bike was minimal, only costing a small amount to repair I simply took her details but left it at that.
Today I get home to a letter from an insurance company saying she is claiming against me for damages to the front of her car It doesn't state the full details of the claim, just asking me to confirm the accident details and my licence to ride etc but I'm guessing it will be going against my insurance. Seeing as it is the front of her car, the side of my bike and she was totally in the wrong I fail to see where her claim is. Only problem is there was one witness who at the time said I was totally OK to be overtaking and she was entirely in the wrong, but he drove away before I got chance to get his details.

Has anyone else had a situation like this where someone is claiming against them unfairly and if so what do I do? I'm going to send it onto my insurance company in the morning but ensure they are aware I am accepting no liability. It my word against hers but given the locationg of the damages to each vehicle surely it is obvious who is at fault.

Any advice greatly appreciated, sorry for waffling on but as you can imagine I am seriusly p1$$ed off about this and also want to make sure my premiums don't take a hike!!!

Speak to the insurance company and explain the circumstances.

I had the same, it might be her insurance company trying it on. A few years ago I left my car parked outside my flat on the road as normal. When I came home I found the wheel arch scratched and crumpled and there was a note left on my windscreen. It was the number for the woman who hit me and she explained what happened when I rang her. Basically she was driving along the road, pulled to one side to let a car through, misjudged it and swiped my car. She admitted full liability and we left it to the insurance companies to sort out.

I then got a letter from her insurance company trying to claim it was my fault. Apparently I hit her when passing her on the road. I was fascinated to know how I managed to do this from 20 miles away. It all got sorted with a quick phonecall. I think I also rang her to ask if she had told her insurance company this story and she was pretty ****ed off to find out about it! She rang her insurance company and that was that, it all went away.

I had something similar happen to me, except that the car just drifted to the right and into me. She claimed that it was my fault, the insurance companies went to court over it and I won. I didn't actually have to go to court myself. It took years to settle it though. Stick to your guns and make her take 100% of the blame.

[TSM]

Its amasing how insurance companies mess up stuff on claim forms to try and get out of paying.

i really really really really hate insurance companys

Cheers guys, I guess I will need to find out if its her or the insurance company saying I am to blame. I know she thinks I was at fault for overtaking even though she obviously didnt look and i was doing all of about 20mph!!
I guess I will just have to wait and see how it goes

[Kylie]

Because you aren't claiming against your insurance then hopefully you won't lose your NCD while the dispute remains. Like the others said be real clear with your insurers that you do not accept liability, under no circumstances should they pay up. You might have to sit it out for a couple of years if the other folks threaten legal action and see it through but if its the front of her car, side of your bike, then its her who needs the witnesses and without any other evidence (make sure to take pictures of your damage) I can't see you losing. Hopefully she or the insurers will buckle quicker.

As others have said, stand your ground, accept no bull.

Originally Posted by Kylie

Because you aren't claiming against your insurance then hopefully you won't lose your NCD while the dispute remains.

Afraid not. Whilst there is a dispute going on your NCB is suspended.

This really sucks!