legal advice needed about claim against me

[mrtEE]

In May of last year I had a lowside on my former CBR. A car pulled out on my right of way causing me to skid and lowside. They left the scene leaving no details or reg plate.

Police attended the scene and called out a tfl clean up team to remove the oil from the road. I thought that was the end of the matter.

recently I recieved a letter from an accident claims company saying they want my insurance details to claim £500 for the clean up on behalf of their client TFL. This is obviously daylight robbery. I ignored the letter as I dont want to lose my no claims for a non fault accident.

After ignoring this yesterday I recieeved the following letter:


"We refer to our previous correspondence concerning the above matter where we regret to advise that we have not heard from your insurers agreeing to deal with our Clients claim on your behalf.

At the end of 14 days we must advise the issue of County Court proceedings against you and you will be served with the appropriate summons at your address. If this action is to be avoided then please telephone this office immeditately on receipt of this letter."

Is this an empty threat to "scare me" into providing my details?

What shall I do next?

[Kickstart]

Hi

Suspect that legally you do not have a leg to stand on. Effectively they are a 3rd party who are claiming against you.

In the past local authorities only bothered to claim if you were claiming yourself. Seems this might have changed.

All the best

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

[mrtEE]

hmm, what about the fact that the accident was not my fault and the police report shoudl confirm that it was caused by the vehicle pulling out on me?

[Kickstart]

Hi

Not sure that is relevant (although we are getting into the realms of legal advice, and you should really get some professional advice). In a multi vehicle accident you claim off the person who hit you, they claim off who hit them, etc. As such in this situation I would expect that it should work that your company would pay out and claim that from the person who caused you to crash.

That said, doing any kind of claim against someone else who you have not actually hit will be difficult.

I think you probably need to talk to your insurance company, unless you are happy to either fight the claim yourself or just pay out the £500.

I would say that £500 to wipe up the road a bit is taking the mickey.

All the best

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

[mrtEE]

[www.125power.com]

i would see a proffesional i.e a solicitor, but phone the office and advise them them that you are seeking legal advise and will pay after getting the advice unless the solicitor advises against paying.......

£500 to hose a road and give it a quick sweep! Tell them ill do it for £300 a pop
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[Kickstart]

Hi

It sucks. Not sure what other options you have.

All the best

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

[Black Knight]

Was it definetly the oil from your bike?

Can they prove that?
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[mrtEE]

[Black Knight]

[Sadie]

Are you a BMF member?

If so, you should be able to use this link. I used them last year and they gave me advice on the phone and then wrote to me with the same advice so that I had it in writing. It was free to members.

It may even be worth the £25 in takes to join!

I thought MAG did a similar thing but I can't find a link.
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[stinkwheel]

Probably best to contact your insurance company to be honest. If you don't, there is often a clause saying that if you don't inform them of a claim or potential claim within a certain period, then it is your tough shit and you have to sort it out yourself.

There could well be a good argument that taking over eight months to decide they want to claim off you is unreasonable. I certainly think it is.

You should tell the insurance company anyway, they will probably want to resist the claim too (any excuse to avoid paying out). At worst they will get you to fill in an incident report form, if it goes no further, I doubt it would be held against you, if it does, you have covered your arse.
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[Chriss]

Contact your insurer. They should deal with it.
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