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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69995
Experience:  Over 5 years in practice.
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A cyclist ran into the back of my car & hurt himself. The police

Customer Question

A cyclist ran into the back of my car & hurt himself. The police attended the incident; took witness statements/cctv analysis etc & confirmed I was not at fault. I then learned that my insurance company had taken it upon themselves to entertain a claim for damages brought by the cyclist's no win, no fee lawyers. I wrote & spoke to my insurers asking them not to proceed with this ridiculous claim but they insisted it was not my decision? I gathered from the conversation that it was much cheaper to settle out of court even though I offered to attend any hearing at my own expense. My question is; how can my appointed insurer defy my direct instruction & proceed with a third party claim against my wishes?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What exactly happened in the accident?
Customer: replied 3 years ago.

Thank you for your response. The cyclist, who was behind me; did not notice my signal to filter left. As I slowed to execute the change of lane, he ran into the back of my car & came off his machine. The police were on scene within 5 minutes & subsequently wrote to me confirming I was not at fault & no further action would be taken. Regardless of the details of the actual incident; I am concerned that my insurers (who I assume are supposed to act only my instructions) decided to proceed with the third party claim against my express wishes. I now have a claim against my name with all future ramifications this will entail.

Expert:  Jo C. replied 3 years ago.
Thanks.

Considering the circumstances of the accident I cannot see how the insurance company can possibly pay out the claim for the cyclist.

This is a matter that you need to refer to the Financial Ombudsman as a complaint.

Write to the insurance company and tell them that unless they agree to remove this claim from your record and to reinstate your no claim bonus in full you will refer the matter to the Financial Ombudsman within the next 14 days.

Here is the link to the Financial Ombudsman service which is extremely fair but not particularly quick.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69995
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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