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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A road traffic accident between a car and a motorcyclist. The

Resolved Question:

A road traffic accident between a car and a motorcyclist.
The road was an 'A' road but with two lanes,the carriageway was separated by a raised central kerb,broken chevron markings and railings,at different locations.
The road surfaces were dry and early morning about 7.30am
Heavily congested traffic in both lanes heading westbound towards London.
Eastbound traffic with two lanes light and flowing smoothly.
The car was performing a u turn 2/3 metres after the raised central kerb and where the broken chevron markings are on the road surface.
Driver had checked he rear view and driver's side wing mirrors prior to manoeuvre,there was tipper lorry approximately 2 metres behind and could see nothing else on the outside wing mirror.
The two lane carriageway was approximately 6 metres wide and filtering and or overtaking on the outside lane next to the central raised kerb was virtually impossible.
The car driver had almost completed his manoeuvre and was at 90 degrees to both westbound and eastbound traffic when hit in the rear offside of the car behind the petrol cap area.
Car driver and the other party have both provided a witness statement but the other party has produced an independent witness to the accident is support of their claim.
The independent witness,also a motorcyclist, asserts the car driver changed lanes without indication and the other motorcyclist had no chance of stopping.He has also produced a sketch of the RTA showing three lanes. Two lanes with heavily congested traffic and a third lane with just himself and the other motorcyclist involved in the RTA.The independent witness asserts he was travelling 8 metres behind the motorcyclist and could clearly see the RTA.
My insurers handling the case and in particular a lady that is also a keen motorcyclist has stated I am 100% to blame.I have legal cover and the solicitors have also stated I have no chance of a 51% success rate.
The motorcyclist was not injured it was a low impact RTA no more than 5/10 mph in heavily congested traffic which was stop start.I believe he is claiming £18000.00 in personal injury and £ 4000.00 for the motorcycle.No Ambulance or Police were called to the RTA.
I have clearly pointed out in correspondence the independent witness has lied in his statement and sketch and the other side's solicitors rely on the independent witness statement and sketch and not their insured's statement.
I should also point out the motorcyclist's witness statement and the independent witness statement offer differing accounts of the RTA.
I believe this is the just and bolts of it.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is it you would like to know about this please?
Customer: replied 2 years ago.

A road traffic accident between a car and a motorcyclist.

The road was an 'A' road but with two lanes,the carriageway was separated by a raised central kerb,broken chevron markings and railings,at different locations.

The road surfaces were dry and early morning about 7.30am

Heavily congested traffic in both lanes heading westbound towards London.

Eastbound traffic with two lanes light and flowing smoothly.

The car was performing a u turn 2/3 metres after the raised central kerb and where the broken chevron markings are on the road surface.

Driver had checked he rear view and driver's side wing mirrors prior to manoeuvre,there was tipper lorry approximately 2 metres behind and could see nothing else on the outside wing mirror.

The two lane carriageway was approximately 6 metres wide and filtering and or overtaking on the outside lane next to the central raised kerb was virtually impossible.

The car driver had almost completed his manoeuvre and was at 90 degrees to both westbound and eastbound traffic when hit in the rear offside of the car behind the petrol cap area.

Car driver and the other party have both provided a witness statement but the other party has produced an independent witness to the accident is support of their claim.

The independent witness,also a motorcyclist, asserts the car driver changed lanes without indication and the other motorcyclist had no chance of stopping.He has also produced a sketch of the RTA showing three lanes. Two lanes with heavily congested traffic and a third lane with just himself and the other motorcyclist involved in the RTA.The independent witness asserts he was travelling 8 metres behind the motorcyclist and could clearly see the RTA.

My insurers handling the case and in particular a lady that is also a keen motorcyclist has stated I am 100% to blame.I have legal cover and the solicitors have also stated I have no chance of a 51% success rate.

The motorcyclist was not injured it was a low impact RTA no more than 5/10 mph in heavily congested traffic which was stop start.I believe he is claiming £18000.00 in personal injury and £ 4000.00 for the motorcycle.No Ambulance or Police were called to the RTA.

I have clearly pointed out in correspondence the independent witness has lied in his statement and sketch and the other side's solicitors rely on the independent witness statement and sketch and not their insured's statement.

I should also point out the motorcyclist's witness statement and the independent witness statement offer differing accounts of the RTA.

I believe this is the just and bolts of it.



Optional Information:
System of Law: England-and-Wales

Expert:  Ash replied 2 years ago.
Hello - yes I read this, thank you for the background.
May I ask what is your question of me about this?
Customer: replied 2 years ago.

My question is why am I to blame given the independent witness is lying.

I should also add I received a letter from my insurer stating I had sent an email to them refusing to settle the claim on a 50/50 basis.I never sent such an email and have asked for a copy but they cannot provide a copy !!!

Expert:  Ash replied 2 years ago.
Indeed. You should ask your insurer to dispute it and set out the reasons. The other side will then issue proceedings and your insurer can defend it.
The matter will go before a Judge who will decide the matter. This is an LVI - low velocity impact and your insurer can raise causation as an issue.
If your insurers refuse to accept your instructions and want to settle you can then complain to the Financial Ombudsman. They regulate insurance firms and can investigate your complaint for free as they are independent. Their website is: www.financial-ombudsman.org.uk
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hello Alex

I have been to a business meeting and have just become available.

In reply to your answer.

I have already complained to my insurers and also complained to the head of the solicitor's handling my claim.Both insurer and solicitors being part of the same group have stated I am to blame and refuse to issue court proceedings saying I have less than a 51% chance of success.

I cannot understand why my insurer and my solicitors believe the independent witness version of events when quite clearly his statement and sketch are a complete fabrication.What is said did not happen.I did not pull out into another lane and into the path of the motorcyclist.

There was no other lane as described and indicated by the independent witness it is a lie.

The car was hit on the offside rear end while positioned 90 degrees to the westbound and eastbound traffic in slow moving traffic.

I was there to be seen.

The insurer and solicitors concerned are the Admiral group.

Please also advise regarding the 50/50 settlement offer between the parties my insurer, Admiral alleges I refused by giving them an email instruction.I have never been aware of such a settlement offer because if I was I would have accepted such.Admiral are lying for reasons known to themselves. Why would they carry on like this ? Admiral are settling the other side's claim in full with personal injury cost of £18000.00 and motorbike cost of £4000.00 a low impact collision,no ambulance ,no police,the other gut said he was not injured and talked to other bikers at the scene.

I am not sure how the financial ombudsman could assist,there is clearly fraud involved in this case and although I am fully comprehensive and have paid my excess I believe the other side are getting away with ' highway robbery '

I look forward to your reply.

Expert:  Ash replied 2 years ago.
Then sadly all you can do is either issue proceedings yourself and sue the other driver, or take the issue through the Ombudsman.
Those are the two choices.
Does that clarify?
Alex
Customer: replied 2 years ago.

Yes it does clarify the situation somewhat.

One last thing.

From the information provided what legal grounds should I assert as a cause of action ?

Expert:  Ash replied 2 years ago.
They have gone against your wishes. So the cause of action would be negligence.
Alex
Customer: replied 2 years ago.

Alex, thank you.

I do not wish to labour the point but if my insurance company and my solicitors hold me responsible for the RTA does going against ' my wishes ' constitute sufficient enough reason to bring a cause in negligence against them?

Expert:  Ash replied 2 years ago.
Yes.
Alex
Customer: replied 2 years ago.

Alex

I follow what you say but my solicitors advise my insurer is settling with the other side in full how can I possibly get them to dispute the claim if they are settling the claim ?

Would it be that I just have to make a complaint to the financial ombudsman about the actions of my insurer as you have advised ?

Expert:  Ash replied 2 years ago.
You can sue them for negligence but they are settling AGAINST your instructions.
I will suggest you make a claim to the Financial Ombudsman first.
Does that help?
Alex
Customer: replied 2 years ago.

Alex, thank you.

You say I can sue my insurer for negligence but what would be the remedy ?

My losses thus far are my excess sum and the time and effort I have spent over the past sixteen months since the RTA corresponding with my insurer and since December 2014 with my solicitor's and my insurer.

There is also the stress and sleepless nights this has caused which I have made them aware.

What would court award by way of a remedy if they were found negligent?

Would I be open to their costs if I lost ?

I do not intend to ask any more questions.

Expert:  Ash replied 2 years ago.
I would be your excess and any increase in insurance.
If its £10k or below then its a small claim.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex