Insurance claim - confused

[HarryHornby]

Hi all,


I had an accident at the end of August where I was changing lanes up detling hill in Kent and went into tthe back of a BMW after everyone in front achored up to a stop.


I had a had 1 pint before hand but passed the breath test, although it was apparently close (this was a lesson into how much beer you can have before driving/riding (yes I know it should be none, before any of you get on your high horse).


Anyway...I've had a payout on my bike.


Today I get a letter from the insurers to say that the 3rd party want to take this to court and any correspondence I receive should be sent to my insurers.


What the hell????  5 or six cars anchored up on a dual carriage way that as I was looking into my manouvere was moving just fine, I was at the top of a hill (dual carriageway), changing lanes, looking behind, finding a gap,life saver,  changed lanes, everything that had just passed me was suddenly stopped.  The guys in the cars infornt said they didn't know why the all anchored up or indeed how they avoided eachother, I was just unlucky.


Why on earth does the thrid party want to go to court, surely I went in the back of the BMW as a result of the cars coming to a standstill on a perfectly good and clear dual carriageway, end of story.  The slow lane was still moving when I went over my handlebars and landed in the slow lane, and was luckily avoided!


Advice please....rather scared, although not sure why, but the mention of court for someone who's never been in trouble with the law is worrying!

[paulkemp]

Simple... pass it on to YOUR insurers.
Let THEM deal with 3rd parties.

[goldfazer]

You went into the back, your fault. Pretty clear cut really. You must have pulled out behind the BMW closer than the stopping distance.

[goldfazer]

And I'm not sure what court has to do with it - the 2 ins co's should come to an agreement and that's it. as Paul says, leave it to the ins co.

[pitternator]

tactics by the other side no doubt to improve claim or personal injury claim... :\

it is unfortunately 100% your fault if you run into any vehicle in front , unless they pulled into your path. But agree that normally this would be an automatic settlement between insurance companies.

The court case would be civil so you wont go down ! ...and no insurance company wants a court hearing due to sheer cost involved, especially if liability not contested..

Its tactics.....and not good one, cos under existing law, if an insurance company takes you to court when a reasonable settlement is on the table, the court actually has the power to reduce it , even if case is proven! I bet not many people know that either...its de rigeur practice to reduce frivolous cases being brought....

[HarryHornby]

PANIC OVER!


I spoke to the brokers, it was a problem at their end, they were awaiting some documentation from the 3rd party insurers and wouldn't pay out until they had it.


They've now got the documentation and have settled the claim!


The letter was just a little strongly worded and panicked me last night.


Ta all, Merry Christmas :-)

[goldfazer]

Phew!! Just walk to the pub for the next few days

[JoeRock]

tactics by the other side no doubt to improve claim or personal injury claim... :\

it is unfortunately 100% your fault if you run into any vehicle in front , unless they pulled into your path. But agree that normally this would be an automatic settlement between insurance companies.

That's actually not the case any more, it's done by a case-by-case ruling. Was a book changing case between an old lady and a motorcyclist about a year or so back that caused this - he was following her on a dual carriage way when for no apparent reason she braked very, very hard. He braked as hard as he could, but still hit her in the back. THe judge ruled though that as the road evidence showed that he'd done all he could have reasonably done to avoid the collision, it was 100% the old womans fault, as if she'd not braked for no reason then he wouldn't have gone into the back of her.
Also helped cut down the "whiplash" claimants who would drive around in front of cars and anchor up hard just to get an injury claim!