View Full Version : Being personally sued, when I have insurance.
MK1_Ben
20-02-11, 12:11 AM
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?
mk1nova_rich
20-02-11, 12:15 AM
Do you have legal cover with your insurance?
MK1_Ben
20-02-11, 12:16 AM
Nope.
was TPFT at the time, no extras (have since moved company).
So the insurance company paid his claim but he is going to take a private case against you? That'll be expensive if he loses,
Probably because the insurance company paid out he believes that you have admited liability and is trying to screw you,
get a lawyers advice on no win no fee or contact your local CAB about the summons to see if there can be anything done
mk1nova_rich
20-02-11, 12:23 AM
he sounds like a cnut IMO, and he doesn't seem like he will be happy til he has ****ed you over :( if the bike is sorted then why does he feel the need to persue it? Tosser. Hope things work out in your favour pal :)
MK1_Ben
20-02-11, 12:24 AM
What I'm more concerned about (also unable to contact my local rep until monday) is that it states my Insurance company provided a figure of £1400. Which is like they've paid out, but only a percentage. In which has made him try to claim the remaining amount by targeting me personally.
And cheers rich, he seems to be one of those types who make our premiums high. I just find it ridiculous how a 40+ year old man with a family of kids older than me, still is trying to rinse a 19 year old (who lives at home) for every last penny... I don't know whether the court would see this point too?
Civil cases can be dirty, your insurance companys involment will have ended once they paid out,
by taking civil action your insurance company will have no involvment so YOU need to act now on your own behalf, Tomorrow ring round a few lawyers and get advice,
MK1_Ben
20-02-11, 12:30 AM
I'll be popping into a couple on monday, none of my ones in the surrounding area are open on a sunday and I would rather not use a "big-fish" lawyer firm.
/edit
Reading the Government websites, it seems if I appear to be unable to financially afford the payment (which including interest would easily be over half a years wages) they would "cancel" the CCJ. What's the likeliness of this happening?
I have no experience with lawyers or court or whatever. but i would get some advise from lawyers, some with experience with car accidents (if they exist) and crush this greedy w4nker, then flip the tables and ask for travel expenses and accommodation and stuff. I have no idea how to do it, but please do it, people like him boil my blood :(
Koonts like him are why insurance for younger folk is so high and the success of injury claim lawyers doesn't help.
MK1_Ben
20-02-11, 12:49 AM
Tell me about it, I pay 2 grand a year to Insure my Nova fully comp (with legal cover this time).
moved as you might get more help in here :)
Royston
20-02-11, 08:56 AM
You obviously need legal advice, I would expect the policyholder (parent?) would have been informed of the insurance claim result (loss of no claims bonus?, the insurance company may have paid out, but not admitting liability.
Need to get all the fact together, sounds like an over zealous fraudulaent claim and suspect that is how to defend this claim.
Hopefully Ollie from Sky may give you some pointers, but a solicitor is what you need, get advice and go from there....Good Luck
Put the summons in the bin and say you never received them, that's what I'd do tbh
Fooking piss take stuff like this
Royston
20-02-11, 09:22 AM
My daughter recently sold a 125 road bike, perfectly legal/safe to a Polski, picked it up last Sunday.....(came from Scotland for it)
Text.....
Bike broke down, your fault I have just had it serviced cost £140 plus hotel bill I want money back, service guy told me bike was dangerous have bill to prove.......On Monday I had accident on the bike in Edinburgh and now have broken collar bone will be off work for 6 weeks...want compensation (bearing in mind IF if was dangerous having been advised alledgedly(which it wasn't).... chose to ride it..
Load of scamsters about!!!!!
A bit confused now lol
You had a accident
With witness it was 50/50
Insuance paid out to him
That's job done
How the fook can he now legally sue you for £5k ?
Makes no sense at all
Blokes a scammer ! Still think the bin is the best place for the summons crap tho
Royston
20-02-11, 09:45 AM
I have just had another thought, surely any claim should have been made against the policyholder, not the named driver?
He's just trying it on IMO
Bin and ignore ! He has no chance of winning so why waste the courts time ?
Royston
20-02-11, 10:03 AM
He's just trying it on IMO
Bin and ignore ! He has no chance of winning so why waste the courts time ?
After some legal advice Edd or do you want to be sued for poor legal advicelol lol lol
deanwilko
20-02-11, 10:20 AM
seems like he pulling a fast one tbh
i would be geting a solicitor to contact him or his solicitor asking for copies of medical report claiming his personal injuries,
MK1_Ben
20-02-11, 10:22 AM
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
20-02-11, 10:31 AM
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
20-02-11, 10:32 AM
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
20-02-11, 10:33 AM
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
20-02-11, 11:12 AM
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.
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.
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 lol.
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?
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
20-02-11, 04:42 PM
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
20-02-11, 04:48 PM
its the bikers fault, for being on the wrong side of a blind bend simple
were the police called ?
as you are from devon, and i take it that it happened in devon, and the witness is from devon, you should contact the court to ask for it to be heard in devon. i think there is a rule about it being within reasonable distance from the incident.....
but you MUST go to court & face up to him.
Nova_Ro
20-02-11, 05:20 PM
i agree with everyone else, from what you said about what the happened, he should be counter sued for twisting the courts. he is obviously trying to pull a fast one on you and should be treated like how he is trying to treat you. my dad had a simular case against him a few years ago where he hit a dog that ran out into the road and was not able to be saved, the owner of the dog tried to get him done for speeding, careless driving and the actuall killing of the dog on intentionaly, when he was on a straight road driving safely and it was only down to the dog owners fault of letting the dog off near a busy road that anything could have happend. waste of time ended up getting compensation on our side for the cost of travel and loss of working time. will give it to him that he was probably upset but you cant charge someone for something they didnt do. end of. you will be fine as long as you stick to what you know is right and stand your ground. guy sounds like a first class ****er, hope all goes well
He's arguing that I should have come to a complete stop before entering the corner.
FLOL Yes, I regularly stop before going round a corner! What an utter tool.
Hoepfully any respectable court will see him as the timewaster he appears to be.
craig green
20-02-11, 07:40 PM
This is quite a sad story, I hope it ends happily in your favour.
I personally cant see how any court in this land is going to even entertain that "case"
Absolute bollox
I personally cant see how any court in this land is going to even entertain that "case"
Absolute bollox
they won't... but this is likely to be a small claims court, and if you pay the court fee, they'll let you do pretty much any claim...
but this bloke is probably hoping for an out of court settlement.....
FLOL Yes, I regularly stop before going round a corner! What an utter tool.
Hoepfully any respectable court will see him as the timewaster he appears to be.
lol surly the biker should of stopped before entering the corner?
the accident sounds so little and stupid i cant see why an earth it would have gone this far. if there was a death involved or serious injury yeh.
what a dick.
pass his details onto the png mafia.
p.s im not sure why i quoted you jack. :d
16v Nova Kev
20-02-11, 10:07 PM
tell the chunt you are going thru a bankruptcy(sp) at the moment. and if he wins he wont get a penny and have to foot the bill for all the legal stuff.
MK1_Ben
20-02-11, 10:11 PM
tell the chunt you are going thru a bankruptcy(sp) at the moment. and if he wins he wont get a penny and have to foot the bill for all the legal stuff.
Already looked at this, as stated in an earlier post. Because I live at home and have alot of required outgoings this could result in them deciding I would be unable to realistically pay.
I would gather all the evidence you can, ring your old insurance and ask them to send to you any statments letters and paperwork regarding the incident with the bike and the wittneses statement. I would get all your dates right and make sure you know them well, also just as a little extra help take photos of the damage on your car if its still there take photos of the road you were on and the corner. gather every scrap of evidence you can get. He might be hoping you will just cough up the money without going cort and he is trying to scare you in it. But dont back down go do it and counter sue thats c***s ass off!
RossRog
21-02-11, 11:41 AM
the key part there is he was said to drop the bike on purpose, that shows the type of person he is,
hope it ends well mate
OK, i asked someone who knows this sort of stuff...
you must contact the court and arrange for the hearing to be in devon. as the alleged offence happened there.....and you are a poor young person who is resident in devon, you can put up a decent case for it being moved...... then see if he turns up.
16v Nova Kev
25-02-11, 09:48 PM
good information the guy sounds like a real ball bag imo.
MK1_Ben
25-02-11, 09:49 PM
Thanks alot Mowgli, need to spread Rep around before I give it to you again. :)
Gareth_C
25-02-11, 11:28 PM
The guy sounds like a absolute prick. He is just trying make a quick buck at your expense. If it goes ahead go to your doc's and tell him that the stress this situation is putting you under is causing sleep deprivation, stress, nightmares etc anything medically you could add. Even say its affecting the way you drive. Just stack anything up in your counter suit and watch him sweat. :thumb:
Hope it all comes right in the end
also, your original insurance should help out, as the case is related to their claim.
pyromaniac_yeti
07-03-11, 02:02 AM
I know a fair few bikers...and i dont know any that would drop a bike after whacking the luggage. Perhaps a few that would put it on the stand, then start screaming and shouting...
You definately weren't in the wrong - i'd go with the counter sue...end of the day the courts arent completely unreasonable, and you might get some (much deserved) cash for all the hassle caused by this.
I doubt the insurance would help out with anything though, as if they've already paid out on it then they'll probbably just wash their hands of it all.
Definately go for him though, you'll regret it if you dont try!
novaboyopr
07-03-11, 07:01 PM
hi mate
havnt read everything but heres my advice.
i crashed about 8 years ago it was all settled and i took the blame, other party got payed out etc nothing more heard.
up untill a few months ago i get a letter from a moody lawyer and a court summons saying they are sueing me for 8k for 8 years car hire personal injury etc. asking if i could reply with my details if i wanted to go to court or settle out of court for 7k. apparently the person i crashed into had been hiring a car for 8 years after the crashlol
rang my insurence and straight away they said they will deal with it. asked them if they thought i would get sued and was told because the person had already been payed out by my insurence for the vehicle, injury etc they didnt have a leg to stand on. she had already been payed for the car so no need to have 8 years hire and been payed for her injury
didnt hear anything from the moody lawyers or court since.
its people getting payed out then being cheeky and ringing these no win no fee f+ckers. which then they personally sue you hoping you will agree to settle out of court.
there b+tards mate, ring the insurence company you were with and they will sort it. they whole point of having insurence is so things like this dont happen. if i was you i wouldnt even get in contact with the solicators hes using.
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