I'm Being Sued for a Motorbike Accident - Help!
I'm Being Sued for a Motorbike Accident - Help!
Author
Discussion

BigTom85

Original Poster:

1,950 posts

201 months

Wednesday 8th June 2016
quotequote all
Argh!!!

Back in May 2015, a couple of months after passing my motorbike test, I had an accident where, in a nutshell, I lost control of my bike doing an emergency stop, and collided head on with an ambulance.

I certainly am not disputing liability, although the police did send me a letter saying I wouldn't be charged.

The Ambulance Service's representatives have sent me a couple of letters over the past few months explaining that my insurance co are simply not engaging in any dialogue with them, and as such they would be persuing me for costs, circa £4k all in, all itemised and seem perfectly reasonable and legitimate.

I have repeatedly sent letters to my insurance co, but they too aren't engaging with me.

This morning I've received a court summons.

So what do I do? I suspect there is a very real chance I'm going to end up massively out of pocket here. Any advice would be appreciated.

Many thanks.

elanfan

5,527 posts

257 months

Wednesday 8th June 2016
quotequote all
Copy it and send it recorded delivery to your insurance co. I'm sure this will wake them up a bit. Fairly sure it won't get as far as court.

singlecoil

35,834 posts

276 months

Wednesday 8th June 2016
quotequote all
Are they simply ignoring your letters/other means of contact? If so, are you sure they are getting them?

Dan_1981

18,106 posts

229 months

Wednesday 8th June 2016
quotequote all
Seems simple but have you called them?

GreatGranny

9,519 posts

256 months

Wednesday 8th June 2016
quotequote all
Have you tried to ring your IS?

Can't believe this wasn't the first thing you did when you received the correspondence from the Ambulance Service.

Do that now.

If your insurance was up to date then no reason why it shouldn't pay out for the damage to the 3rd party vehicle.

knitware

1,486 posts

223 months

Wednesday 8th June 2016
quotequote all
BigTom85 said:
Argh!!!

I lost control of my bike doing an emergency stop, and collided head on with an ambulance.
What is it called when you have terrible bad luck but instantly you are lucky to have had the bad luck at that time?

BigTom85

Original Poster:

1,950 posts

201 months

Wednesday 8th June 2016
quotequote all
Thanks everyone.

Yep, of course I've spoken to insurance co, but there are so many different companies in the chain, and I never got a satisfactory response from them, always an 'email the docs here' and never an acknowledgement.

After half an hour on the phone I've managed to get through to a 'litigation department' who have at least given me a named representative to deal with.

Once he gets the court stuff through he'll be in touch, but seemed confident it would be settled before an attendance at court would be required. Here's hoping.

So assuming it gets to court, what happens? Do I have to cough up and then sue my insurance company?

BigTom85

Original Poster:

1,950 posts

201 months

Wednesday 8th June 2016
quotequote all
knitware said:
BigTom85 said:
Argh!!!

I lost control of my bike doing an emergency stop, and collided head on with an ambulance.
What is it called when you have terrible bad luck but instantly you are lucky to have had the bad luck at that time?
I was incredibly lucky to have paramedics on the scene immediately, but they had to call an additional ambulance for me (as the one I hit was no longer roadworthy) as well as a different ambulance for the call the ambulance I hit was responding too...

So whilst I was lucky, someone else didn't get the ambulance they needed as soon as they should have done. I find this really difficult to deal with. Both paramedics were excellent however, and they did keep in touch afterwards too smile



QBee

22,507 posts

174 months

Wednesday 8th June 2016
quotequote all
It's not as if you did it on purpose, and you definitely learnt from it.
Accidents happen - that's why they are called accidents.
It's more than likely the other ambulance caller had a happy outcome, stop beating yourself up over it and ride carefully.
And thanks for reminding me why I have never been on the public road on a motorbike, and never will.

Soov535

35,829 posts

301 months

Wednesday 8th June 2016
quotequote all
BigTom85 said:
Argh!!!

Back in May 2015, a couple of months after passing my motorbike test, I had an accident where, in a nutshell, I lost control of my bike doing an emergency stop, and collided head on with an ambulance.

I certainly am not disputing liability, although the police did send me a letter saying I wouldn't be charged.

The Ambulance Service's representatives have sent me a couple of letters over the past few months explaining that my insurance co are simply not engaging in any dialogue with them, and as such they would be persuing me for costs, circa £4k all in, all itemised and seem perfectly reasonable and legitimate.

I have repeatedly sent letters to my insurance co, but they too aren't engaging with me.

This morning I've received a court summons.

So what do I do? I suspect there is a very real chance I'm going to end up massively out of pocket here. Any advice would be appreciated.

Many thanks.
Send it to your insurer at the time. This is their problem. Recorded delivery.

Tell your current insurer.

CAPP0

20,881 posts

233 months

Wednesday 8th June 2016
quotequote all
knitware said:
What is it called when you have terrible bad luck but instantly you are lucky to have had the bad luck at that time?
Serendipity?



irocfan

49,018 posts

220 months

Wednesday 8th June 2016
quotequote all
is the ombudsman worth a try too - you shouldn't be having to stress about something that the InsCo should deal with

Davel

8,982 posts

288 months

Wednesday 8th June 2016
quotequote all
It might be worth telling the court too that your insurance company are only now dealing with the matter, despite you chasing them numerous times.

I wouldn't have thought an appearance in court will be needed but IANAL etc...

TooMany2cvs

29,008 posts

156 months

Wednesday 8th June 2016
quotequote all
Sounds like the court threat has had the desired result.

SAS Tom

3,755 posts

204 months

Wednesday 8th June 2016
quotequote all
Definitely do not just leave the court paperwork to be done by the insurance company! Either make sure they send the paperwork to the court within a day or two or if not then send it yourself.

I was involved in a fault accident and my insurers did a similar thing with the third party resulting in me getting a summons. No problem I thought, I spoke to my insurer and they said send the paperwork through. I sent them it and didn't hear anything back so I thought they were dealing with it. Then I got a letter saying I hadn't responded and so the ruling went against me and I got a CCJ and a demand to pay over 4K for the claim. I spoke to my insurance company who then spent months getting the judgement set aside. Whilst this was going on I was trying to rent a house but kept failing the credit checks due to the CCJ. Luckily due to a sympathetic landlord I got sorted but the CCJ was such a pain in the arse whilst it was on my credit record.

BigTom85

Original Poster:

1,950 posts

201 months

Wednesday 8th June 2016
quotequote all
SAS Tom said:
Definitely do not just leave the court paperwork to be done by the insurance company! Either make sure they send the paperwork to the court within a day or two or if not then send it yourself.

I was involved in a fault accident and my insurers did a similar thing with the third party resulting in me getting a summons. No problem I thought, I spoke to my insurer and they said send the paperwork through. I sent them it and didn't hear anything back so I thought they were dealing with it. Then I got a letter saying I hadn't responded and so the ruling went against me and I got a CCJ and a demand to pay over 4K for the claim. I spoke to my insurance company who then spent months getting the judgement set aside. Whilst this was going on I was trying to rent a house but kept failing the credit checks due to the CCJ. Luckily due to a sympathetic landlord I got sorted but the CCJ was such a pain in the arse whilst it was on my credit record.
This is exactly what I'm worried about.

If I go to court it will be to say 'yep, my bad', so I guess I'd have to cough up and then sue the insurance co? NIGHTMARE.

SAS Tom

3,755 posts

204 months

Wednesday 8th June 2016
quotequote all
If I did it again I'd fill the form out and tell them you'll need representing rather than wait for them to (not) do it.

defblade

8,074 posts

243 months

Wednesday 8th June 2016
quotequote all
I'm on the other end of this, 18 months after my not-at-fault bike crash. Trying to get any communication out of the third party insurers has been like shouting down a big empty hole. Really frustrating, causing me more stress than the crash. They have woken up a little since the court action went in... I'd rather like my lot to go after the actual driver too, as it seems him not filling in his report form caused the first 6 months' delay...

Steve H

7,610 posts

225 months

Thursday 9th June 2016
quotequote all
BigTom85 said:
SAS Tom said:
Definitely do not just leave the court paperwork to be done by the insurance company! Either make sure they send the paperwork to the court within a day or two or if not then send it yourself.

I was involved in a fault accident and my insurers did a similar thing with the third party resulting in me getting a summons. No problem I thought, I spoke to my insurer and they said send the paperwork through. I sent them it and didn't hear anything back so I thought they were dealing with it. Then I got a letter saying I hadn't responded and so the ruling went against me and I got a CCJ and a demand to pay over 4K for the claim. I spoke to my insurance company who then spent months getting the judgement set aside. Whilst this was going on I was trying to rent a house but kept failing the credit checks due to the CCJ. Luckily due to a sympathetic landlord I got sorted but the CCJ was such a pain in the arse whilst it was on my credit record.
This is exactly what I'm worried about.

If I go to court it will be to say 'yep, my bad', so I guess I'd have to cough up and then sue the insurance co? NIGHTMARE.
You would probably need some qualified advice to do this correctly but there's no reason why you cannot "join" the insurance company into the action against you. This shows that the liability that you are being sued for is actually someone else's liability and avoids a second court procedure.

Dr Jekyll

23,820 posts

291 months

Thursday 9th June 2016
quotequote all
BigTom85 said:
I was incredibly lucky to have paramedics on the scene immediately, but they had to call an additional ambulance for me (as the one I hit was no longer roadworthy)
Trying not to laugh, this is very serious and not funny at all.