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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My close friend caused an accident at the weekend. The bike

Customer Question

My close friend caused an accident at the weekend. The bike on the back of her vehicle fell off. The car behind swerved to avoid it and crashed. The car behind is a write off and the driver and passenger are injured. My friend and her car are fine. Although she's clearly devastated. But legally where does she stand? What's the worst she could be charged with, and what is the likely outcome? Also, do you know whether her insurance company is likely to dispute the claim (I've read online that some do)?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Its quite unlikely she would be charged with anything. Its a civil matter really.
Its not a careless driving anyway. Its not really anything to do with her driving. The very highest charge they could bring realistically is a dangerous load offence and that just carries points and a fine.
They could dispute the claim I'm afraid. It depends for what her insurance covers her. This isn't something that has arisen from her driving but the loading of the vehicle. That might be covered. It depends on the minutia of her policy.
She may have a claim against the manufacturers of the restraints. It depends what caused this to fall off. If she didn't secure it properly then obviously she does not but if the restraints broke then she may.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

 


Many thanks for your reply.


 


In the event the insurance company does dispute the claim who is best placed to help my friend? Is it a solicitor or someone else?


 


Let's assume my friends insurance doesn't cover this, and they can't find a fault with the equipment. Then what happens to the people in the other car. Can they claim on their own insurance? And/or will they attempt to get compensation from my friend, presumably through a civil case? If the court finds in the favour of the people in the other car then what assets can they take? Her savings? Her house (which is jointly owned with her partner)? Can they also get money from her partner (who was also in the car and helped fix on the bike)? She wouldn't have enough money to cover the vehicle and any injury claims. Would they be able to take money from her future pay?


 


Thank again.

Expert:  Jo C. replied 2 years ago.
That depends on the level of their own insurance but it really doesn't matter either way because the insurance company will pursue her even if they have to pay out.

They can take her savings and ultimately they could get a charging order against the house which they could try to enforce by an order for sale. Its important to note that very rarely happens and only really with people who bury their heads in the sand.

They can make an order upon her future income.

Customer: replied 2 years ago.

Thanks again. There were a few further points that I'd like clarifying - particularly about who she can get advice and help from:


 


In the event the insurance company does dispute the claim who is best placed to help my friend? Is it a solicitor or someone else?


 


Can they also get money from her partner (who was also in the car and helped fix on the bike)?

Expert:  Jo C. replied 2 years ago.
She can always see a solicitor but they will charge. Legal aid isn't likely to be available.

If they discover that her partner assisted to fix the bike then they could sue him as well I'm afraid.

This is obviously worse case scenario as the insurance company might accept liability.

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