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Hi.. about year ago, as a passenger on my mates moped, we had an serious accident. We got taken to hospital and had two opeations on my knee (Knee washout) and stayed at hospital for a week for it.
I want to claim personal injury as I still have problems with my knee which stops me from sports, working... Even when I get tired, my knee hurts and makes me stop and relax until the pain goes down.
Long story short, I want to claim for personal injury but there is some problems.
When we had the accident, my friend told his insurance conpany that there was noone on the back of his moped so his insurance does not get invalidated so insurance payed of the damage to only other two cars we hit a he was only thiry party.
Now, if I claim for personal injury, is there way of his insurance company finding out about his lie, is there a way of them making him pay for the damage or worse making my friend pay for my personal injury?
Police and hospital definately have a record of the accident so I dont know if the insurance company somehow may already know about me being on the back of the bike or not.
Fiend already been banned from driving for invalidating his insurance (this is what police said and this is what makes me think insurance may already know) and also for either speding it was or having me on the back as he only has learners licence so he can only drive the moped without anyone on the back)
From what you've said, I don't think you'll be able to claim because the moped was not insured for carrying passengers. Also, it sounds like your friend was the liable party who caused the accident - am I correct?
Theoretically, I suppose you could claim directly off your friend, but you wouldn't want to do that anyway as it would most likely destroy your friendship. So I'm afraid I'm not sure what you can do in this particular case.
The third party insurance that is a legal requirement is to cover ANY and ALL third party claims against the driver.
I would certainly take this case to a solicitor, I am sure that I could get a solicitor to take this case no win no fee.
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
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thanks
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Flyingdoc, the main reason I disagreed is because I think it would harm the friendship. Even if the insurance company did pay the claim, surely it would mean the friend's annual premium would go up? I suppose it depends how badly the OP needs the money, if they think it will help them to cope with the injury better.
I fully appreciate the friendship issues are something that need to be considered.
I was just giving my opinion on the legal position. However - seeing as the friend has been banned for invalidating his insurance I dont suppose that a claim would make that much difference to his premium.
Having said that the "invalidating his insurance" is a phrase that needs further investigation. I would suggest that legal advice is sought on this issue, but would suggest that it would be appropriate if possible to recover monies for injuries (take his friend out for a beer on it)
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
I'm still a bit confused - as the policy has effectively been invalidated because the friend had a passenger in breach of the policy conditions, would the insurer be settling this personal injury claim under Article 75 of the Motor Insurers' Bureau (MIB) Articles of Association? Under this article, an insurer agrees to accept liability even when a policy has been voided. In this case, any payment would be from the insurer's own funds and there would be no reimbursement from the MIB central fund.
It seems that if this is the case (ie it is treated as an Article 75 claim), the insurer does have recovery rights against the policyholder (in this case the friend).
Is this how it would work in this case, or have I got it mixed up with something else?
Not sure about the section 75 being recoverable - job for a solicitor but you are, in all liklihood correct.
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
Personal Injury Bike Accident
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