How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

Hi In july 2013 I had an accident at a cross roads on my motorcycle

This answer was rated:

Hi In july 2013 I had an accident at a cross roads on my motorcycle caused by a an approaching van driver that cut across my path turning right. My emergency breaking caused my front wheel to lose traction and I fell from my motorcycle causing £1800 of damage. I was riding slowly and I suffered no injury however the van driver left the scene and the police had to locate him to obtain insurance details from him. I did not hit the van and there was no damage to his vehicle. I claimed damages from his insurance company. However after many telephone calls and emails I have not had a suitable reply or outcome from his insurer to date. I'm angry about the van drivers bad driving, but I'm more angry about the insurance company that ignores my request for a decision. What is my next best course of action. Do I pursue the insurer further or do I assume that they intend not to pay up and pursue the van driver?

Thank you for your question. My name is ***** ***** I will try to help with this.

Did you not even have a scratch or a bruise or damage your trousers or anything like that?

Are you 100% completely unscathed from this?
Customer: replied 3 years ago.

I had a few scratches which healed in a few days. I was travelling at about 15mph and wearing tough clothing. I had no time off work due to any injury.

The reason I asked about the personal injury is that if you see a no win no fee personal injury solicitor they will not only claim for your injuries they will also deal with the cost of the motorcycle and the cost of your clothing. I still think it is worthwhile seeing a solicitor because you never know what underlying problems you may have which may manifest themselves at some stage in the future.

Even if the driver had not been traced, if you had witnesses to the accident, you would be able to claim from the Motor Insurance Bureau untraced driver scheme. That would pay you out as though the insurance company was paying themselves.

Fortunately, you have the drivers insurance details. His insurance company and indeed he himself can ignore you if they do not think that you are likely to pursue this. That appears to be what they are doing.

You have no alternative therefore than to either instruct solicitors to issue court proceedings against them or to issue court proceedings against the driver yourself. Please note that you issue proceedings against the driver and not against the insurance company.

Any threat of legal proceedings will always be taken more seriously if it comes from a solicitor which is why I would urge you to see a solicitor because you have more chance of getting this settled without going to court by using a solicitor than if you try to deal with it yourself.

Can I clarify anything for you?
Customer: replied 3 years ago.

Yes paragraph 4 of your reply "issue court proceedings against them" meaning the van drivers insurer through a solicitor OR progress the matter my self through the small claims court if I were to pursue the driver my self? Point taken about the injury question. It has been said that if there were injuries then the matter would be easier. I wouldn't go as far as to wish that I had injuries. I wouldn't go as far as to claim I had them when I didn't :-/ . I was lucky and unlucky on a number of levels lol.

Thank you.

I did say “please note that you issue proceedings against the van driver and not against the insurance company”

It is up to the drive out whether he gets his insurance company to deal with it or deals with it himself.

It is also up to you whether you deal with it yourself or go through solicitors.

Does that clarify it for you?
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Yep clearer. I'll go to a solicitor who I'm sure will approach the police and obtain his details so that the matter cane be pursued in court. In the mean time I'll complain to the financial services authority about the conduct of the insurer. I'd rather I had an honest up front reply from them. Thank you for your guidance.