Is my life over?

[RePT]

Greetings,

As some of you know, I was knocked off my bike back in June 2011. And yes, this is probably the 38344746th thread about it.

But recently, things arn't looking so good with regards to liability.

The third party driver managed to sketch up 3 witnesses in the after-math, and there are 4 people claiming whiplash.(damage was a scruff/dent to driver side wing of the third party vehicle)..my bike however, cat C write-off.

Im with CIA Insurance, and I think they are going to give up hope, even though I have repeatedly told them that the witnesses are fake, and so are the passengers.

I have one genuine witness, who was actually at the scene but outnumbered by the 3 false ones.

-Any warm words?
-How can I pressure the solicitors without going too far?

This is my first experience in a legal situation like this. It also is very depressing.

Thank You..

[Sako]

sure you contacted all of your witnesses

[P.addy]

Photos of initial scene would have been your best option Fail to see how a CG would cause anyone whiplash..

[Marmalade]

I would contact the old bill.

this is fraud simple and they are meant to be taking steps to stop this kind of insurance scam.

All it takes is for them to find one of them was signing on or (unlikely) at work at the time of the crash and their whole shebang will come to a sudden bollock squeezing stop for them leaving you free to revel in your payout.

Do not give up and make it absolutely clear to your insurance company that there was a driver, no passengers and only one witness and they are to make no offers or payouts to the other party.
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[multijoy]

1) Unless you've already done so, flick through the back of MCN, pick a firm (or have browse round BCF), ring them and sack off your insurer's panel solicitors.

2) Do what your new lawyers tell you to do

3) If you genuinely believe that there's something properly dodgy (and it sounds like it is!), go and make a report to the police - tell them you suspect an insurance scam. Really, the insurer ought to be fighting it tooth and nail because it's exactly this sort of thing that pushes premiums up, but the police should take it seriously.
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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.

[fozzym]

At the end of the day, you give your insurance company your side of the story and then they liaisem with any other party be it and individual or insurance company.

They look at all the facts and then make a decision as to how they will act, be it to pay out, agree to no blame or contest in court.

If you have given them correct information then thats all you can do, its up to your insurance company what they do. I don't think you have a right to tell them not to pay out as some have suggested.

I'm very sure that in this climate your company will be very aware and looking out for false claims.

Why should it be the end of your life?

[ninja_butler]

Tell your insurer in no uncertain terms that YOU are the victim and that the driver is a damned liar. I know you've said it before, but say it again! Insurance companies are experts at stalling and making their customers give up and the only way to respond is to demand to speak directly to someone more senior and keep on at them until you get through. If they tell you to write a letter, tell them you will do so AFTER you have spoken to the manager because you already provided them with all the information they need.

You can't go too far at this point, your insurer is going to give up on you anyway so you might as well kick them in the ass and see if it makes a difference.

You have one genuine witness, the driver has three fake witnesses who are probably a trio of dummies and I bet it's not the first time he (or she) has committed fraud and a good magistrate or judge will spot a fraudster.

[Cheeseybeaner]

If I was you I'd get in touch with a bike accident specialist who can handle the claim for you and push for a good outcome. It sounds as if the insurance co has given up as they don't want the outlay.

In my case Rider Support Services went a long way to doing this on my behalf, I'd recommend getting in touch with them and telling them what's going on.

You don't have to remain with the solicitor your insurer has appointed by any means in fact you'd be better off going straight to a specialist even before you report to the insurance company so its clear from the start what you want.

Even if there were passengers in the car this wouldn't stand in court as they can't be considered impartial, that is they're more than likely to be on the side of the driver and therefore not independent bystanders. They should know this but they're trying it on as they don't want to meet the cost of pursuing the claim.

I had the same thing happen to me, imaginary passenger witnesses, in the end they payed out to me as I kept telling the insurers I'd complain to the FOS if they wouldn't handle my claim properly. They complied and I was made an offer as a payout which I eventually took when we agreed on a decent amount. You really need to push and keep pushing otherwise nothing happens at all.

The other side will cave in before it goes to court anyway, its really just the process of getting to proceedings that you need to get to.

[iooi]

I think it has now got to the point that if we have a accident with a car. That you simply dial 999 and request a ambulance... That then means police have to attend and take statements....

Result no sudden witnesses turning up 3 months down the line.

Sad that it has got to this, but it seems to be the only way to avoid a stich up
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Just because my bike was A DIVVY, does not mean i am......

[mysterious_rider]

[Cheeseybeaner]

[biker7]

Best of luck in your claim RePT - remember truth usually will out so keep pushing and sooner or later I'm sure the baddies will get found out!
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Swansea area
Fat Bob (2019)

[RePT]

This is my first experience, I think I know how to play the game next time round...

I've shown them pictures, I even posted it here a while back.. It was a small dent on the driver side wing..

Yep, I think I'm going to have to get them involved. But when I called them at the accident, they didn't even turn up ¬.¬

This option, will be used if my solicitors don't get their act together.

I think scary words like 'FOS' *whatever legal body that is* will let them know im serious.

Thank you for the responses, please keep posting.

The advice i've received on here, some of which hasn't even crossed my mind! So it really is beneficial, and I appreciate it.

EDIT: I've decided I'm going to communicate with my solicitors in written form, the phone seems to get no-where. I've done a write up, could someone who is experienced(in the legal side) read it through for me? I think It may sound a little harsh.

[iooi]

[Pete.]

This is getting so common now that my company have issued all of the drivers an insurance pack and following ANY accident even the most minor of bumps or scratches we have to ring the insurers directly from the scene. It's due to the number of people who have made huge injury claims from bumps so tiny that both drivers have agreed to just go on their way.

RePT - stop fretting. You were insured so the worst that can happen is you get the blame for the accident and your insurer will pay out. You might lose the excess and you will have to pay more for insurance for a while but really mate it's not life-ending stuff and later you'll look back and see that it wasn't such a big deal.

You pay your insurance company to cover you for this, stop worrying. I'm not saying you should just roll over and take the blame, just stop worrying about it.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[Rogerborg]

Report insurance fraud.
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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

[T.C]

[Rogerborg]

I'd suspect that a lot of this is going to depend on how compelling your witness is, and how prepared they are to invest their time in corroborating your story.

People like that are sadly few and far between. The problem with fine, upstanding members of society are that they've generally got better things to do, while sponging scamming pikeys just need to set the DVR to record Jeremy Kyle while they drive their Disability-mobile to court to swear that whatever Cousin Baz just said is well pukka.

Have you checked whether your witness is firmly in your corner?
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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

[RePT]

My witness is with me 100%, he was right behind me on another motorcycle. He actually seen all that happened.

edit; I've filled and submitted the form. Now it's time to pressure my solicitors.

Thank You for all the responses, very appreciated.

[Ariel Badger]

As well as filling in the forms you need to talk to your insurance and inform them of the fraud.
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Bikers make great organ donors, get 115 on your licence today.

[shereen]