Being claimed against for an accident over a year ago

[Misanthroper]

Over a year ago, a friendly motorcyclist decided to ride into the back of my car and wrote it off, entirely his fault as it was on a motorway travelling at just under 70 mph, traffic ahead slowed, I slowed accordingly and as he was in a motorbike convoy, when the front motorbike swerved around me he was unsighted and went into the back of my car.

Police attended, motorway closed etc, and police seemed happy with the fault being his. Contacted them a couple weeks after to inquire on the bikers welfare and again police said they were satisfied there was no further fault or action for me.

Now just got a letter from a claims company saying the rider has said I braked dangerously and wasn’t driving according to road conditions, loads of completely baseless claims, and he is claiming against me.

I’m so p**sed off with it, the man is a coward, I did nothing wrong and went through hell with my car written off, lost a couple grand on the insurance payout, my kids were in the car and absolutely beside themselves at the time and after the accident, and now this!!

What do I do and what should I expect? Ive changed insurance companies since the accident, do I need to contact the old insurance company (AXA) or my current one, and will I end up going to court and going through a load of upheaval now ? I’m happy to fight this, I’m in the right and the fact he’s decided to make these claims is unbelievable to me, I’d never er do that to someone so if I have to fight this I will.

Edited by Misanthroper on Saturday 29th March 18:59

[Mr.Chips]

In the first instance, I would contact my current insurer and ask their advice/opinion. I suspect they will say it is not their responsibility and tell you to contact your previous insurance company. If that is the case, they will have all the paperwork from the claim and will then have to judge whether to pay out or fight the case. Ultimately OP, it will depend what they feel will be the cheapest option. It is always disappointing and stressful when something like this happens, but this is why we have insurance, just let them handle it.

[Cheese on Toast with Worcestershire Sauce]

Surely you had already claimed against his insurance ?

[Steve H]

Cheese on Toast with Worcestershire Sauce said:

Surely you had already claimed against his insurance ?

I was thinking exactly the same thing.

[snoopy25]

What sort of claims company is it? Is it the ambulance chasing sort?

[SydneyBridge]

Let your insurers at the time deal with if and if you have not done so already, claim from the motorcylist for all your losses and distress to children etc.

Police report will show no fault on you

[fourstardan]

It's horrendous this stuff goes on, but the Third Party clearly needs the money.

It'll get sorted by insurers they won't put up with it.

[Tango13]

O/P

How is your whiplash a year on from the incident?

[Misanthroper]

Steve H said:

Cheese on Toast with Worcestershire Sauce said:

Surely you had already claimed against his insurance ?

I was thinking exactly the same thing.

I didn’t claim for anything apart from going through my insurers to get the amount for my car being written off. My concern was that the biker was okay and wanted to put the whole ordeal behind me. It’s unreal he’d come with this claim now after all the hassle he caused me with insurance and having to buy a new car.

Thanks for the advice so far, I will contact both insurers (current and previous) and let them handle it, the company claiming is called Hugh James solicitors, no doubt happy to pursue on the whole no win no fee approach.

Edited by Misanthroper on Saturday 29th March 21:22

[charltjr]

Just pass it to the insurer who covered you at the time of the accident, it’s nothing to do with your current insurer.

There’s nothing for you to fight as such, pass it to your insurers and let them deal with it. If the claim isn’t huge they will likely pay out something because it’s cheaper than defending the claim, it’s just how it is.

[LosingGrip]

Currently insurance won't want to know. Nothing to do with them.

[xx99xx]

So your insurers probably claimed from the biker's insurers, given that it was deemed not your fault?

[Steve H]

But based on your description your insurers will presumably have claimed against the bikers insurance as it was his fault.

If his company admitted liability and paid out then I would think it would be particularly hard for him to blame you now.

Of course if they took the path of least resistance and called it 50/50 they will have opened themselves up to the possibility of a bigger bill now.


Either way it’s their issue to deal with………

[alscar]

Just pass the letter back to Axa who will deal with it as part of the original claim.
Don’t reply yourself.
I doubt the statute of limitations has remotely passed but not your issue.
It has nothing to do with your new Insurer and I assume you obviously told them all about the incident anyway.

[Paul Dishman]

He hit you and now he’s claiming it’s your fault? Looks like he’s got a bunch of ambulance chasing shyster lawyers on a no-win no-fee basis.
Hopefully Axa will tell him to fk off

[Tony1963]

A tenner says this legal company approached him, and he thought “Why not?”.

Write down your think you’d have a remote chance of claiming for, including loss of car value, distress, any increase in premium, time taken and fuel used over the last year or so. Everything, just jot it all down as it comes to mind. Then, if they pursue, hit em hard with it, maybe through your previous insurance company.

[martinbiz]

Tony1963 said:

A tenner says this legal company approached him, and he thought “Why not?”.

Write down your think you’d have a remote chance of claiming for, including loss of car value, distress, any increase in premium, time taken and fuel used over the last year or so. Everything, just jot it all down as it comes to mind. Then, if they pursue, hit em hard with it, maybe through your previous insurance company.

Did you read the OP’s post? There is not going to be the remotest chance a bunch of ambulance chasers will represent a party who has already had a claim paid out against them. They’re in it for the cast iron wins or they would go out of business

[SydneyBridge]

I assume the motorcyclist gave them some bull, the solicitors saw his injuries and saw pound signs

[Gt6turbo]

Best thing is just forward letter to your insurance company you had the time. Maybe include a statement and if you have independent witnesses , see if they can back up what you say. Did the police attend?

[cuprabob]

Gt6turbo said:

Did the police attend?

2nd paragraph, first two words of the original post.