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Allegedly

Joined:

Mar 14

Posts: 4

Allegedly says:

Please help..Claim problems.

Hi, I hope some one can help. My son was knocked off his motorcycle last year by a car pulling out to the right from a stationary line of cars waiting at a set of pedestrian crossing lights. He was not riding dangerously, he was not breaking any laws and his insurers/solicitors, after making him wait almost a year, have now said he is 70% responsible and if he does not accept their decision, they will no longer represent him. This is despite witness statements in my sons favour and comprehensive photographs, drawings and google earth map images of the site.
The road at this point has three lanes, one for going ahead, one for a right turn that is some ten meters back from the pedestrian crossing and the one for oncoming traffic. 
My son was overtaking the stationary cars, using the right hand lane and travelling very slowly when, without warning, a car pulled out of the stationary line of traffic, hit my son knocking him off his bike and drove off up the right hand side street. 
Witnesses (in written statements) said the car did not indicate and clearly he did not check his mirrors or he would have seen my son. The young company Rep' driving the car eventually came back and details were exchanged. This happened in a residential area and my comment was what if this had been a child on a bicycle turning right? Conditions were dry and clear in full daylight with good visibility all round. My son  has an Advanced Riding Instructor who is prepared to say in his opinion my sons actions were not unsafe as they clearly were not.
My son is being punished by a major company defending the reckless driving of one of their young Reps and it is despicable that my sons insurers are virtually blackmailing him. 
All advice gratefully received and thanks in advance.

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  • Posted 238 days ago (31 March 2014 19:56)

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Allegedly

Joined:

Mar 14

Posts: 4

Allegedly says:

Re Claim problems.

Incidentally, if anyone on here has any legal training, what do you recommend?
I am going to call my sons insurers and ask to have their reasoning explained to me. If they quote the most recent case cited as the 'legal guideline',  my son does not fall into the part where a portion of the blame can be attached to him.
I am going to insist they do not pursue the 70%-30% decision...that is just in the guilty partys' favour...how can that be fair. My concern is if they refuse. What can I do then?
Threaten them with the Insurance Ombudsman? These are the solicitors acting for my son. If he/we do not agree to accept their decision, they have told him they will no longer act for him. What can I do then? I am prepared to go to another solicitor but does that mean we have to pay? Logically it does but again, how can that be fair if my sons premiums have already paid for his so called legal advice/assistance?
I am disgusted at the so called support paid for in his mandatory insurance cover, it has been anything but. My son is a typical young man who has been confused and brow beaten by unscrupulous 'professionals' who've taken the money off an average naive young lad but can't be a***d to actually do the job they're paid to do.
And how can they lose? If he 'folds' and accepts, he loses his NCB and is penalised yet again for the actions of an impatient, dangerous fool in his company BMW. Excuse the rant, but I'm finding this whole issue incredibly frustrating. 
Well, onto the phone and prepare to politely tear them a new.....:mad:

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Allegedly

Joined:

Mar 14

Posts: 4

Allegedly says:

Claim problems

Hi guys...excuse me answering my own posts on here but further reading tells me my next move is to call ACIC tomorrow and ask his advice. Seems well recommended on here so that's good enough for me.

Any advice though is very welcome if anyone would like to input.
Regards Rob

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Allegedly

Joined:

Mar 14

Posts: 4

Allegedly says:

Claim problems

Hi guys...an update on my last posts.

I emailed ACIC and Mr Hywel Evans from their office rang me at home.
He'd read my information regarding the accident my son had and spent over half an hour talking to me, explaining the finer details of the law, laying out different scenarios/possible outcomes and alternative options regarding dealing with my sons insurers/solicitors and the other parties solicitors. 
Feel a great deal better and have a number of targets to broach with them now,properly advised. As Mr Evan said, this should really have been done by my sons solicitors/insurers but was not.
All this was just done out of good will, with no guarantee I'll come back to them. So, I cannot speak highly enough of this company of lawyers, Mr Andrew Campbells company, info@bikelawyers.co.uk.
Thanks again gentlemen. Regards Rob

[This Reply has been modified by the Author]

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ACIC

Joined:

Apr 06

Posts: 367

ACIC says:

Claim

Hi - I am pleased we were of assistance.

Kind regards
Andrew Campbell, Bikelawyer Motorcycle Accident Solicitors. MCN Legal Expert.

PS the correct e-mail is info@bikelawyer.co.uk
Website is www.bikelawyer.co.uk

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