Being personally sued, when I have insurance.

[MK1_Ben]

Cheers for the advice guys.

General opinion of everyone I've asked is that he's obviously trying to take me for a ride and get a new bike from the payout. I think he expects me to just back down now he's taking me to court over the matter, as I don't have masses of money, I'm young and all that.

Fortunately I've spoken to a Solicitor, they believe he's also just playing games with me. The route they want to take is to counter-sue him, for "distress" to myself, transport and accommodation fee's to Sheffield, loss of work hours (I'm an IT technician, this would include compensation to my work as they would have to hire in a temp IT tech whilst im up country) and the court fee's in which they believe they could counter-sue him for an equivalent amount. Also the fact that it's completely unrealistic in the courts suing someone of my age for that amount, they expect if I lose, I would have to pay a significantly less amount or something silly like £10 a month for years. A nice "**** you" to the biker really.

[loggyboy]

You have a witness that saw him not fall off?
Thats all you need, his statement alone instantly dismess the claim of leathers, helmet, etc etc.
Schimples

[Saloony]

This letter you got in the first place... is it even genuine? Anyone can knock up a letter and make it look legal

[MK1_Ben]

The witness had also been behind me for the previous 10 miles. And had told my insurance rep (however it isn't written on the statement) that I had been driving sensibly and appeared to be a competent driver due to the bad weather conditions and had been actually sticking under the speed-limit the whole time. If I could get him to state this to the solicitor/court would that be beneficial to me? or would they only look at the incident itself.

This letter you got in the first place... is it even genuine? Anyone can knock up a letter and make it look legal

Watermarked court and solicitor papers, with all the appropriate brochures on what to do..

[krobinson]

Your insurance company at the time has to pick up the tab. You had TPFT, which means if a court finds you at fault, they must meet all your third party liabilities, whilst your in control of the vehicle.

That includes loss, damage, personal injurys etc etc

Ring the claims department of your insurer at the time.

[mowgli]

i was almost called as a witness in an insurance case that dragged on for 4 years...... but they decided a payout at the last moment.....

ring the insurers that covered the original claim, if the other party accepted the payment in full, then there is no case to answer.

[bmw156]

what a cock. (the motorbiker)
i know when i got hit of my moped - the insurance company asked me if i had hit my head (which i had) and they got another 400 quid for a new helmet. the insurance paid out to me for repairs etc. and that was it. i was gonna sue a 70 year old blind vicar for hitting me .

also i cant see how your case was 50/50. surly its either your fault or his.

and what you mentioned about the witness saying about your good driving for ten miles should be taken into account IMO.

can you explain the accident?

[mowgli]

the other important thing is that you contact the court if there is a hearing date & time etc..... if you are a no show, then you immediately admit fault & they find in the other party's favour.... if you turn up, they have to argue it out..... which should go your way as the insurance will have already paid out....

you are a young kid with nothing to lose on having a go on this..national express do cheapy tickets...

you might be able to get the hearing brought to nearer to you as that is where the alleged incident took place, to make him travel.

[MK1_Ben]

accident in short.

a ford on a 90 right down a country lane, it was raining very heavily at the time. I came round the corner hugging the left hedge, the biker was coming round the corner in the middle of the road. Missed me but his protruding luggage box (on the side) made a lovely mess of my light, wing and door. He then pulled over to the side of the road, got off his bike and let it fall to the floor proceding to hurl abuse at me. (the statement says that he purposefully dropped the bike).

In my honest opinion it was the bikers fault for being central in the road whereas I was hugging the hedge, if he had been towards the right hedge we wouldn't have contacted. He's arguing that I should have come to a complete stop before entering the corner.

The witness in his claim states it was both parties fault and the accident couldn't be helped.

[General Baxter]

its the bikers fault, for being on the wrong side of a blind bend simple

were the police called ?