A Flase Claim for Young Motorcyclist

[Hazel2002]

Hello,

I wonder if someone can (urgently) help please...

 

I have been accused of hitting a motor cyclist off his bike whilst turning right on a busy road..Here is actually what had happened.

 

I was coming out of a side road onto a busy road, turning right. To my right was a set of traffic lights. I had drove out onto a clear road, up to the white line and was stationary position for at least one minute and noticed a car and a motorcyclist coming towards me to my right. The traffic moved forward in the direction of my intended travel, the car to my left and right, (driver to my right flashed to acknowledge me) car to the left let me through (by waving/flashing). The motorcyclist had stopped on my right. I acknowledged both drivers and proceeded to moved off around 5mph.

 

As I moved, the young leaner motorcyclist to my right, decided that the gap was his opportunity to move around the front of my vehicle on the wrong side of the road in the opposite direction of his travel. As I moved forward, the so called “collision” happened, as the motorcyclist dangerously manoeuvred around the front of my vehicle. He lost balance and his bike fell onto his leg. There was no damage to my car.

 

I stopped and gave my name and address and insurance details. He only gave me his full name and no insurance details. I repeatedly asked him check for injuries which he refused. I also offered to call the police and to take him to hospital, both of which he refused. On speaking with the claimant, a few questions were raised as to whether he holds a full license as he was not aware of the road set up i.e. moving out from a side road onto a busy road with traffic lights.

 

Photographic evidence was taken at the time of the accident and it shows his bike on the wrong side of the road.

I have learnt from my insurers, that the young learner had changed his story on three occasions with his insurers, where he said I ran a green traffic light? (if this was the case, I had right of way) and has finally admitted the direction of travel, as I gave in my original statement.

 

The witness in the car to the right provided his details to the claimant, the claimant refused to pass these on. He also did not give these details to his insurers.

 

After three months a witness has come forward and said that I moved out the road and knocked him straight off his bike, which has sent alarm bells ringing as I this was not the case. My solicitors are now chasing this lead.

 

I have not admitted liability as this was not my fault and I have been driving for 15 years with ten years no claims. If this was I would not be wasting my insurers/solicitors time. And I am not claiming any damages.

The problem here is the young learner works for a very large take away company who I hear has aggressive solicitors. I am being set up for an insurance claim for the wrong reasons as the young lad is looking for a payout.

My insurers have said this could go to court, which I have pushed for, (ideally would not like to attend) but I am wondering:

 

i) how far this can go, before I have to go to court?

ii) with all the false details and a bogus claim, have I already lost against a large take away company?

iii)Will I lose my no claims?

 

My insurers solicitors are to ring me tomorrow to take a statement.I hope someone can kindly help with advice and set my mind at rest and stop my sleepless nights.

Thank you.

[unclebulgaria67]

Insurers will have to weigh up all the information to decide the way forward

 

From what you have said, it was the Motorcyclists fault and your Insurers may allow them to take this to court, if they want to proceed any further.

 

So you may at some point get a court claim through the post and you should pass this to your Insurers. The court claim will always be against the driver they think is at fault and it won't be directed at your Insurers. But it is not for you to deal with, but your Insurers, so you should send it to them straightaway. Don't worry about court, as all it will be is a conference room where each side will put their side of the story. Your Insurers legal team would handle it and you will just be a passenger. It is not a court room, with a judge in a wig.

 

On the other hand, if your Insurers decide it is not worth challenging any further, they may throw the towl in and pay the third parties claim. It depends on the cost of paying, against the costs of challenging. If this were to happen, then you would lose some no claims discount and your premiums would increase from renewal.

[renegadeimp]

Sounds the the motorcyclist wasnt insured, probably didnt have a CBT, and this sudden witness coming forward after 3 months stating the exact opposite from what happened is probably one of the idiots friends.

[postggj]

well alot of these take away drivers do not have business insurance

 

you need to be asking for his insurance details and that it covers for hire and reward

 

do not sit on this

 

it is a legal requirement that insurance details are exchanged, even if you have to go to the police, demand it

[Ganymede]

I'm afraid Unclebulgaria67 isn't quite right. If this is contested to a Court trial then it will be in a Court room with Barristers for each side and the Barristers and Judge will be in wigs and gowns.

 

Civil claims turn on the balance of probabilities. The motorcyclist has an independant witness supporting him and, despite his vague/inconsistent recollection of the accident circumstances, he only needs to convince a Judge that his is 51% or more likely to be true.

 

I have a feeling that your insures/solicitors will end up admitting liability on this one. It makes no difference who his employers are.

 

In relation to what squaddie has said, the motorcyclist's insurance status is irrelevant. It won't stop him making a claim.

[postggj]

In relation to what squaddie has said, the motorcyclist's insurance status is irrelevant. It won't stop him making a claim.

 

it may not stop him making a civil claim but his employer will be liable under vicarious liability to a counter claim

[unclebulgaria67]

I'm afraid Unclebulgaria67 isn't quite right. If this is contested to a Court trial then it will be in a Court room with Barristers for each side and the Barristers and Judge will be in wigs and gowns.

 

 

Is that normal, as the cases I have known about, have not been in that setting ?

[Hazel2002]

Sounds the the motorcyclist wasnt insured, probably didnt have a CBT, and this sudden witness coming forward after 3 months stating the exact opposite from what happened is probably one of the idiots friends.

 

Hello, thank you for all responses. Yes I agree with regards to the witness statement. Sounds very suss to me. I will soon find out as my insurers is chasing.

[Hazel2002]

well alot of these take away drivers do not have business insurance

 

you need to be asking for his insurance details and that it covers for hire and reward

 

do not sit on this

 

it is a legal requirement that insurance details are exchanged, even if you have to go to the police, demand it

 

Hello thank you. I did not realise I was able to demand his insurance details from the police. If I do would this be interfering with my case? Otherwise I will be taking his claim letter for injuries to the station tomorrow which gives his full address.

[Hazel2002]

I'm afraid Unclebulgaria67 isn't quite right. If this is contested to a Court trial then it will be in a Court room with Barristers for each side and the Barristers and Judge will be in wigs and gowns.

 

Civil claims turn on the balance of probabilities. The motorcyclist has an independant witness supporting him and, despite his vague/inconsistent recollection of the accident circumstances, he only needs to convince a Judge that his is 51% or more likely to be true.

 

I have a feeling that your insures/solicitors will end up admitting liability on this one. It makes no difference who his employers are.

 

In relation to what squaddie has said, the motorcyclist's insurance status is irrelevant. It won't stop him making a claim.

 

Hello. Thank you. With all the holes in the claimants story he could still win? Would these details not go against him in court? My insurers wanted to split the claim but don't see why I should suffer financially in the long run for his payment.

[rebel11]

Hi Hazel

 

Welcome to CAG

 

It's a shame that a long period has passed since the incident as there are quite a lot of CCTV cameras around that might of picked it up. Still worth checking.

[Hazel2002]

Hello Rebel11,

 

Thank you for the advice. I have checked the local authority website and unfortunately there are no cctv cameras on this road. It was worth a shot though! Thank you.

[unclebulgaria67]

Hello. Thank you. With all the holes in the claimants story he could still win? Would these details not go against him in court? My insurers wanted to split the claim but don't see why I should suffer financially in the long run for his payment.

 

They might not even pursue the claim any further, if your Insurers offer enough resistance.

 

Though the sad thing is that your Insurers will probably just settle, unless there is strong evidence against the 3rd party claim with independent witnesses. The 3rd party offering differing stories may just be seen as confusion after an accident, rather then untruths being told.

 

So continue to put your side about what happened, but in the knowledge that there probably will be a claim against your policy, which will affect future premiums.

[Hazel2002]

Ok thank you UncleBulgaria67.

[never shay die]

Hazel - who are the other party's solicitors, where did the accident happen (i.e. what city/town) and who are your insurers solicitors? As been said previously it comes down to the balance of probabilities in court, but how you/the other party/the witness perform in court will be paramount. For example, if your insurer solicitor can discredit the other party and/or witness, prove they know each other etc then it will be a serious help in court. Your insurer solicitor are possibly looking into how they can do this (such as the changes of statement etc) and may even have some ace's up their sleeve so don't be too disheartened yet.

[Hazel2002]

Hello Never shay die,

I am not sure who the other party’s solicitors are butI hear they are very aggressive. This happened in South London. My solicitors are Brown Sword. Thank you for the reassurance and all! I could just do without going to court.

Thanks you all.

[Ganymede]

Is that normal, as the cases I have known about, have not been in that setting ?

 

 

 

Yeah. It depends on the Court but for a full trial it will be the normal formal setting.

[Ganymede]

In relation to what squaddie has said, the motorcyclist's insurance status is irrelevant. It won't stop him making a claim.

 

it may not stop him making a civil claim but his employer will be liable under vicarious liability to a counter claim

 

 

 

Counter claim for what? The OP has no injury and her vehicle isn't damaged.

[never shay die]

Brownsword are a claims investigator, so will have been appointed by your insurer or their solicitor. Can I ask whether the other party appeared of White British origin or if not what ethnicity he appeared to be? There is a reason I ask, it's not just pure curiosity!

[Hazel2002]

Hello,

 

The young learner is of Indian origin and does not speak English very well.

Thank you.

[never shay die]

OK Hazel, thanks. I am aware of some dodgy shenningans in the London area which may have fit the other criteria but the fact that he is of Indian origin doesn't quite fit the bill.Hopefully your insurer/their solicitor are doing their best and won't back down lightly. However you may have to accept that you need to attend a hearing in court to defend yourself. Also, if your insurer chooses to settle the claim, make sure you get a full explanation as to why (unless it is your decision not to go of course!).Good luck!

[Hazel2002]

Ok thank you.

[unclebulgaria67]

I wonder whether if he had any form of licence in his name, had passed the CBT and had Insurance for their bike ?

 

There are many people from certain ethnic groups who come to the UK and don't understand the way things are done in the UK, as it is different in their country of origin.

[renegadeimp]

Not just that. There are many people who know the law, know what they should do, but simply ignore it.

[Ganymede]

All this focusing on the ethnic origin of the Claimant is probably not appropriate...