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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4035
Experience:  Solicitor
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I have questions about a claim against myself and my

Resolved Question:

Hello! I have questions about a claim against myself and my girlfriend for an alleged incident with a motorbike rider. The insurance company does mot want to challenge, since (owing to my negligence) my girlfriend was not a named driver. What can I do to challenge? How much is a challenge likely to cost? Thanks.
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

hello my name is ***** ***** I will help you with this.

I do not quite understand - she was driving?

Customer: replied 10 months ago.
Is this an additional 44 or total price. Are you in UK? The blurb talks about attorneys. Thanks. Mark
Customer: replied 10 months ago.
She was driving. Her/our car broke down at the scene where previously a driver had fallen off his motorbike. The rider is now claiming it happened after she broke down and was caused by transmission fluid from her/our car.
Expert:  Jamie-Law replied 10 months ago.

Yes I am a Solicitor from the UK. If you want a telephone call it is an additional cost - some people prefer this.

So I assume she was driving and not insured?

Customer: replied 10 months ago.
Which complicate the matter I understand. I didn't realise this stupidly till sometime later when looking to transfer the insurance to a new car.
Expert:  Jamie-Law replied 10 months ago.

Was your girlfriend at fault for the accident?

Expert:  Jamie-Law replied 10 months ago.

Have your insurers refused to indemnify you/her?

Customer: replied 10 months ago.
No! The biker was already there when she pulled into the layby because the car was smoking.
Customer: replied 10 months ago.
We haven't discussed any indeminfication yet. I want to dispute claim. But because I assume they don't feel liable they are not interested in disputing. i would like someone to examine the evidence to see if worth challenging. It is a fraudulent claim.
Customer: replied 10 months ago.
They claim transmission fluid leaked onto road and caused accident. The evidence they had is a picture of the car and fluid under it in layby. And some sort of stain on road near just. As I say, they were already at layby talking to a man in a white van when Roos broke down. She chatted to them asking where they were to call AA. They later said they slipped on her fluid. And she said, how can you? You were already here. They left it at that. But then a claim came. The police did not attend scene. we have no names of witness (van driver and his wife). I wish there was CCTV available. The stain on road looks like from old incident since no trail on road to where Roos pulled in. And anyway, they were already there! is this worth disputing?
Expert:  Jamie-Law replied 10 months ago.

They will have to pay out and then seek costs from you, so yes they will be able to challenge it.

If they refuse to do so, you can contest this. They may then withdraw indemnity and as such you would be liable for the proceedings and then could challenge it in any event.

The difficulty as you can imagine is that you broke the terms of the insurance. You allowed someone to drive when they were not covered, so I imagine they will refuse indemnity.

But you can instruct them to challenge and indeed they can. In any event if they withdraw indemnity you can challenge it.

If you want me to look at the evidence, I can consider this but depending on how much there is, it would be additional cost.

They would have to show (if it went to Court) that the fluid was fluid and not a stain. That it was also transmission fluid. So yes, I think its worth pursuing and you (or insurance company) can put them on notice this is a fraudulent claim

Can I clarify anything for you about this today please?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 10 months ago.
No. That is helpful. Thanks. Mark
Expert:  Jamie-Law replied 10 months ago.

All the best Mark.