Being personally sued, when I have insurance.
I'll try to keep it short as it's a long drawn out claim and story.
I had a 50 50 accident with a biker early last year, we both share the same witness who stated neither party was to blame. I was a named driver on the Policy with TPFT.
This has went on for ages backwards and forwards until the biker got a solicitor involved, in which my Insurance company contact me asking if I would be willing to stand in court (which was fine).
I then receive today (with no prior contact with my Insurers) a court summons up in sheffield (5 hour journey for me) from the biker and his solicitor etc.
It states that it's from him trying to claim almost 6 grand of damages from me (his bike box hit my wing, denting the box only but staying on the bike, he's trying to claim for a new helmet, leathers, personal injury etc). It also states that they have received a sum of £1400 from my parties insurance company (which I was never made aware of), and the summons is directed at myself for the remaining 5 grand.
Surely as I was Insured this should prevent him from taking me personally to court rather than dealing with my insurers?.
He also works as a bike breaker and is rather well off, obviously repaired his bike himself and got a "hookey" bill. Whereas I'm a 19 year old who pays about 80% of my incoming money as required outgoings (petrol for work, Insurance, Finance on a laptop required for my job etc). So how would someone like myself afford to get to sheffield, see a solicitor, and if I lose pay 6 grand when I probably only have £100 spare cash each month?
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if the bike is sorted then why does he feel the need to persue it? Tosser. Hope things work out in your favour pal 