After 9 months they claim

[The View Askew]

Today I received a letter from Direct Line insurance company. The incedent originated from about 9 month ago, when a mate of mine crashed my old ped with no licence into 2 cars in one go, a bounce jobbie. My own come uppance for letting him ride i know.

The police arrived shortly after being called by the owner of the cars (both scraggy things, an old school polo and a 106.)
They took our details and outlined to us that my mate was liable for the damage, all I had to take care of is a write off, legally.

Now, 9 MONTHS after the incedent, the owner of the 2 cars is claiming on my insurance, after all this time.
Now I do not own the ped and I now ride my scv100, and therefore have no insurance for it.

All the letter said on it was,

Our Insured : XXXX XXXX

Cover : COMP : EXCESS £150

NO mention of my details, none, not even my plate I of course think WTF all it says after that is please call the above number, and their office was past closing time by the listings on the letter, so I didn't bother.

I know who the client is, the owner of the 2 cars, mainly given by the date, and that this was the only road accident I have been involved in as the owner of the vehicle.

Can anyone suggest how I should go about proceeding? Seeing as he should already have received payment for the damage to his cars from my mate. I know my so called mate is a cunt as he didn't pay me the 1100 odd debt for writing off my ped, I practically had it rebuilt for that money, If there is a way he could have weaseled his way out of paying the owner of the cars for the damage he is liable for, and now the client has been told there is a way, as I am still "partially" liable he can still claim? Or has he received payment and is just being a greedy ass bitch?

Any advice on the best ways of finding out and dealing with this appreciated.


Cheers,


Soul
____________________
"Do what you always did, get what you always got"

[Kickstart]

Hi

Think 9 months is well within the time they can claim (after all, the limit for the small claims court is something like 5 years).

Problem is that by letting him ride it without insurance you have commited an offence.

If they believe you were riding then they can claim off you. If you tell them who was riding (and doing so without a licence and insurance with your permission) then you open yourself up to them reporting it and you being prosecuted.

Possibly screwed either way.

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[The View Askew]

The police who attended were made fully aware by all witnesses and the owner of the 2 cars who saw from his window that I was not the one riding it, as I was stood at the side of the road the whole time and still there when he came down shouting at my mate
____________________
"Do what you always did, get what you always got"

[ram_doom]

Can citizens advice help you?
____________________
TL1000s, KDX200

[The View Askew]

[keyser soze]

just pass it on to your insurance peeps.

9 months lol some bmw "crasher" drove into the side of my car 3 years ago and is still trying to get me stitched up. sent all the letters to my insurance peeps. got it all covered and i'm going to court over it all. they'll get stuffed as i have witnesses and pictures and the guy thats looking into my case said they have nothing.

[Kickstart]

Hi

In which case I am not sure. You are probably pretty safe from the prosecution (as they would have commenced proceedings by now).

I have a vague feeling that even on a stolen vehicle the insurance on it is liable for any damage done by it (there are some odd rules in liability). However check this.

Was he riding the bike with your permission?

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[The View Askew]

Yes he was riding with my permission.
The police were told he was not and said he had a licence, mutually agreed by us both at the time to avoid prosecution, and as the tit who got from my side of the kerb to the other 10 feet down the road into 2 cars HE should pay damages.
____________________
"Do what you always did, get what you always got"

[Kickstart]

Hi

In which case, legally you must have "thought he was insured".

Think all you can do is reply saying you were not riding. Probably have to pass it to your insurance company as well.

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[map]

So your friend, who was intending to purchase your bike took it out for a test ride. To the best of your knowledge he had/has a valid licence and you believe insurance cover. On the test ride he unfortunately had an accident.

Would that be a correct summary

...not saying you should lie of course...
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?

[stitch]

Any insurance policy you had on the ped back then still stands if it was current at the time.
____________________
BAARRR HUMBUG CHRISTMAS IS CANCELLED THIS YEAR
A Vida Suga...
Kawasaki ER5/sold Suzuki SV650S/loving it

[paulthewitt]

[sickpup]

The law is a bit twisty on this point.

If you believed the friend had a license and insurance you can't be held liable which is why the police didn't prosecute.

Writwe back to the third parties insurance company stating this and pointing out that the police didn't prosecute you.

[TOM M]

Could you not say the scooter was "stolen" by your mate, i.e you didnt give him permission to ride it??
____________________
Now owner of a 1200 Bandit

[christof]

Bit late for that, Tom, the police have already been and gone 9 months ago.

[sagalout]

Re the time delay - its probably the insurance company claiming from you, not actually the bloke. What happens is he's fully comp so they they pay up to him staright away, then the paperwork goes into a big pile which eventually someone at the insurance company looks at and asseses. If they deem it to be your fault they will then seek to claim it back from you/your insurance company.

Obviously in this case you werent driving, so I'd just ring them up and advise them of who was (you might want to warn your mate though)

[minesweeper]

Almost certain even if your mate had stolen the ped without your knowledge anyone he hit could still claim off your insurance. Thats why even on a thirdparty policy having the bike garaged and in a low theft area reduces your policy.

matt
____________________
Rvf400, 955i daytona, 954 fireblade, cbr1000rr fireblade 06 Hm plant