Injury claim backfired! Where do I stand?

[cajoe]

I had an accident in April 2008, it was in rush hour traffic and as usual, I was in a bit of a rush too.
At the time the guy was blaming me saying I had hit him nearer to the rear of his car than the front, I wasn't in any mood for confrontation as I had just crashed head first into the side of his car and had to drag my bike (front disc was really bent) out of the road so that everybody could go home.
Heres the paint replay:

https://i586.photobucket.com/albums/ss301/casualjoe_album/ExeterStreetJunctioncrash.jpg

From my point of view, I'm in the bus lane (which is OK here), the light goes green and I take off up the completely empty lane in front of me. Fair enough I should have seen him pull out, thats me having a lack of brain and looking somewhere else at that time and his car shifted pretty damn quick as he jumped out of the traffic, when I saw him he was braking hard and due to the length of the car there was no way round, my front tyre (shitty Dunlop) locked up and I ended up under the car with my bike on top of me.

From his point of view, he is waiting in rush hour traffic in a yellow box junction waiting to go STRAIGHT ON into the petrol station when everyone else is turning right. He shouldnt have been there, I should. The car driver, (sorry it was an old 300ZX not a 350Z) was asking for £500 to repair his car and after getting home, I believed he was more to balme for the accident than me.

Thats just a quick history, my insurance company refused to help because I am only 3rd party.
This is the strange bit.. their insurance company rings me, they say they are not accepting liability but they are willing to pay for a courtesy bike and the cost of my written off bike and wrecked helmet plus gloves.

When I received payment, I was told I have been given this payment on a WITHOUT PREGIDOUS BASIS at the time I had no idea what this meant and was more interested in shopping for a new weapon.

Getting nearer to my current sitiuation now, a solicitor calls me up claiming to be representing/or linked to my insurance company. He asks if I had an injury in the crash and says I can get up to £3500 for whiplash and that these cases never make it as far as court. This sounds £££good£££ so I have followed his instructions for the last 16 months, whiplash was confirmed by a doctor and all was going well.

It turns the other 3rd parties solicitor isnt gonna roll over and pay up so easy, they issued a counter claim against me for damage to their car and there was no reply or contact from them untill right before the court date, I was then advised by my solicitor to make an offer to settle for 50/50, due to their being no witnesses at the scene it would probably go 50/50 anyway. They accept.. relief?

This is when I find out that half of the injury money I have been expecting has already been paid to me before because of the bike replacement money and the courtesy bike (which supposedly cost over £1000 for 28 days!!) were paid to me on this 'without pregidous basis' AND it overall ends up with me owing them £400!

Thankfully they were willing to drop this cost if I take no further action which I was more than happy to do.

Now, here is my predicament, my (so called) solicitor called me last week saying that my insurance company are refusing to pay the third partys half of their costs (about £900) and if they do not pay then I am liable!! He asked me to call my insurance company and make a complaint for not paying these costs.
When I did they said they do not have to pay the costs because it is a counter claim against an injusy claim which they have nothing to do with, I have told my solicitor this and at present I am in limbo.

Am I really liable? or is there some kind of injury insurance that can pay? Can anybody suggest some questions to put toward my solicitor because he seems to have gone unnervingly quiet.
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Cagiva Freccia, ZXR 250A & C, KX 250, GSXR 750 K2 & SRAD, ZX6R B1h rag the masshh!

[Kickstart]

Hi

Sounds like your insurance company have no liability other than against the other drivers claim on you. Not sure how you expect them to cover the costs of your claim against the other driver (that would be what fully comp would normally cover).

Sounds like you have stitched yourself up with a load of legal charges. Suspect your only hope is based on what you signed / agreed with the legal bods you "employed".

All the best

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

[MaybeGuy]

is that exeter street, plymouth?
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!!
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith

[OssY]

bud, get yourself down to citizens advice first thing in the morning and get this ugly bag of snakes laid out straight in front of them. Get there advice and proceed from there.

[yuri2085]

Prob shouldn't have tried to commit insurance fraud? Thats, what it sounds like you did? Or did you actually have whiplash?

[Finglonga]

[iooi]

WITHOUT PREGIDOUS

[wizzzard]

[cajoe]

Cheers for the advice, yea lessons will be learned from this no doubt. I did have whiplash and suffered from it again two times after the injury, once just waking up and stretching, the other in the shower in the morning, both times I was in pain for at least a week plus the original week after the accident. There wasnt much else I could do in that situation once I saw the car shoot in front of me and brake hard, he was about 10 ft away and I was accelerating, didnt let the bike settle before grabbing a handful of brake, I hit the car head first then shot straight downwards so my head was under the car and the bike on top of me, just to clear that bit up
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Cagiva Freccia, ZXR 250A & C, KX 250, GSXR 750 K2 & SRAD, ZX6R B1h rag the masshh!

[cajoe]

[multijoy]

If you've done *nothing* but follow your solicitor's instructions, then you probably want to be having a conversation with the Law Society's complaints service, especially if you signed up with them on a 'no win, no fee' basis.
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'11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on.

[thegubner]

Its not wrong to be sat in a yellow box junction if your exit is clear.

[Ste]

[Kickstart]

[Ol]

[Kwaks]

[sickpup]

So lets get this right.

You had an accident, you got paid out without them admitting liability and you were happy.
Then you got greedy when someone said you could get more money for fictitious injuries and tried to make a further claim and now the money you thought you would get is minus the money you already got and you will end up with nothing.

Right so far?

[cajoe]

Money fuels all sorts of bad behaviour such as greed, crime and shittin on the little man, finding an alternative to the monetary system would benifit everyone, (apart from those with the money )

Basically I was offered £3000, I got greedy and took it. The whiplash as I mentioned before was genuine and was confirmed by a doctor.

I hate this blame and claim society the US has brought on us just as much as the next guy..but it IS here so I thought fuck it, I have an injury and Im gonna get my piece of this money I keep hearing about, it always comes in handy.

Other than that, right so far, now the other side are are entitled to their 50% beacause they made a counter claim, my insurance company are refusing to pay them saying they dont pay out for counter claims against an injury claim, even if it is for the damage to their car. So who pays? Hopefully its the solicitor but I cant see it happening myself.
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Cagiva Freccia, ZXR 250A & C, KX 250, GSXR 750 K2 & SRAD, ZX6R B1h rag the masshh!

[Kickstart]

[cajoe]

This is similar to what the solicitor said, he worded it as such "the insurance company is legally obliged to pay 3rd parties costs but if they dont pay then you have to pay"

Now hang on a second, didnt you just say my insurance was legally obliged to pay? This should have been my reply but it I was still half asleep.

The insurer seemed certain that he wasnt going to pay due to it being a counter claim against an injury claim and when this was relayed back to the solicitor his voice went eerily quiet with a slight sadness to his tone.

Il phone the guy tomorrow and report back
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Cagiva Freccia, ZXR 250A & C, KX 250, GSXR 750 K2 & SRAD, ZX6R B1h rag the masshh!

[Kickstart]

Hi

I would suspect that if the worst came to the worst you would have to pay out the other drivers claim and then sue your own insurance company for the losses you have had that they should have covered.

All the best

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

[angelasmith09...]

If you have suffered from personal injury and it was not your fault, you may be wondering if you are eligible to make a claim for compensation. Personal Injury Law states that any person who has suffered from *hyperlink to shyster lawyer firm removed* personal injury through no fault of their own is entitled to make a compensation claim.

[Taught2BCauti...]

5 years, 174 days!

Is that a record for spamming an old thread?
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Honda Varadero XL125(V8)
www.TheFutureIsHere.eu

[Rogerborg]

^^^
Replying to keep that post here from the most incompetent spambot ever. Pimping ambulance chasers in a thread about how you can get screwed by using them, officer work.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[stinkwheel]

I think I'm going to allow this?

Object lesson right there.

Spammer not banned to keep post unhidden. Post edited to remove hyperlink.