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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 414
Experience:  Solicitor at BLM
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My husband was knocked off his motorbike a year ago.

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My husband was knocked off his motorbike a year ago. Insurance settled 50/50 as no proof. Now he's got a court claim from the van driver suing him for expenses
Assistant: Where is your husband? It matters because laws vary by location.
Customer: We got one letter n sent copies to the insurance
Assistant: What steps has your husband taken so far?
Customer: Dewsbury West yorkshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Insurance saud they'd be in touch but they weren't now we have letter saying we failed to respond so have to pay
Customer: replied 10 days ago.
We cannot afford to pay. We thought this would all be covered by insurance. My husband's mental health has been affected by the accident and this is the final straw.

Hello

Welcome to JA.

Why does the insurance believe you are personally liable for the expenses. further did your husband suffer any injuries as a result of the accident

Customer: replied 10 days ago.
We can't get through to the insurance company
Customer: replied 10 days ago.
Yes broken ribs
Customer: replied 10 days ago.
And mental distress
Customer: replied 10 days ago.
He was off work ages
Customer: replied 10 days ago.
This is a letter from the county court money claims centre from the van driver to my husband. It's not through insurance as far as I can tell

Have you sent this court doc to your insurer and if so what did they say ?

Customer: replied 10 days ago.
We sent the first one n they saud they would look into it but we have heard nothing from them
Customer: replied 10 days ago.
Now we have letter saying cos you didn't reply to claim firm you have to pay

I suggest you undertake the following steps ASAP

Customer: replied 10 days ago.
But we didn't reply cos we thought insurance woukd sort it
Customer: replied 10 days ago.
What steps?
  • Resend the letter to your insurer via email if you can and inform them that they need to contact the other party asap given court proceedings have commenced
  • Follow up the letter with a phone call and dont leave that call until you speak to someone
Customer: replied 10 days ago.
What if they don't do anything? They don't seem to have acted on the first letter.

They are obliged to do something given they insured the motorcycle at the time of the incident

Customer: replied 10 days ago.
We can't talk to anyone now till Monday. Husband tried all morning to get through he said before he went to work.

Try first thing monday please

Customer: replied 10 days ago.
He will be at work from 6am till 2pm but I'll get him to ring as soon as he can. Should we call the number on the form and tell them were not ignoring it just waiting for insurance to sort?

Another point is you need to instruct a personal injury lawyer to commence a claim against the van driver as your husband can seek to recover compensation for the injury suffered

I suggest you write to them because if you call they may ask you further questions that you may not know the answer too.

Customer: replied 10 days ago.
Won't that cost money though?

some firms do a no win no fee

do you want their number

Customer: replied 10 days ago.
Yes please
Customer: replied 10 days ago.
My son works in a body shop n days the amount they're saying is double what it would cost
Customer: replied 10 days ago.
They wrote my husband's bike off so if we counterclaim woukd we be able to claim for half the bike too? They'd be better just dropping it if so!

Potentially he can, the solicitors that you will speak will give you further advice on aspects you can recover as a result of the incident.

Slater Gordon Lawyers-0808 175 8003

Customer: replied 10 days ago.
This will affect my husband's credit now. Because insurance didn't act quick enough
Customer: replied 10 days ago.
Thank you. Are they just Monday to Friday?

I am not sure. I know they are open now if you ring them and try to arrange an appointment.

Customer: replied 10 days ago.
This is more stress we don't need. :-(

Hopefully by Monday the stress will have reduced

I suggest you get in touch with the solicitors asap as they can take steps to bring your husband claim asap

Customer: replied 10 days ago.
It won't as we cabt speak to anyone till Monday. My husband won't relax till it's all sorted n it's been going on over a year. He's been checked at hospital for the chest pains he's been having n it's all stress related since this accident.

You can speak to the solicitors today

Customer: replied 10 days ago.
Oh o thought they'd be closed by now. Won't they need to speak to my husband?
Customer: replied 10 days ago.
He's at work till 10pm

Yes but you can get the ball rolling now

Customer: replied 10 days ago.
Ok thank you I'll do that now then.

No problem.

Please before you leave JA please rate the assistance provided by using the stars button at the top of your screen as this will help improve the service provided in future.

 

Thanks

Customer: replied 10 days ago.
Ok thanks for your help.

Thanks

Anthony Chendo and 3 other Law Specialists are ready to help you
Customer: replied 7 days ago.
Hi the insurance company are double checking but they think the 3rd party didn't put a claim in through the insurance, they've just done this private claim. How do we stand now? If they'd gone through insurance they would have had their money by now but this way we can't afford to pay. Makes no sense. Still waiting for that solicitor you recommended to call back.
Customer: replied 7 days ago.
If we pay this can we claim it back from our insurance company?

Hi

The solicitors I recommended for you to contact are noted above but for completeness please see below

Slater Gordon Lawyers-0808 175 8003

 

If the 3rd party claim is pursued via their solicitors(i.e, privately) your insurer will still deal with matter as they should instruct their solicitors to consider the claim. Therefore I suggest you seek confirmation from your insurer that they will deal with the claim from the third party.

Customer: replied 7 days ago.
Thank you. We phoned thst solicitors and gave details n they saud they could call back at 3.30 yesterday but they didn't so we have no faith in them. Can we even claim when we've already claimed through insurers? Seems a waste of time.
We finally got through to our insurers and they say they will deal with it thank you .