Hello guys,
A while back I had a minor crash on my scooter when I was just going straight up the road and some cager coming the other way didn’t see me and turned across my path of travel (without indicating no less). This all happened metres in front of me with no time to react and I hit his car on the left hand side.
Now, my understanding is, just going up a road I have the right of way, and anyone wishing to turn into a side street across my path needs to wait.
I needed a new front rim and it was pretty much fine, the car wasn’t really damaged either but now I just got a letter from a lawyer saying “Admit liability within 7 days or face ‘proceedings’”.
My gut response is to just send a letter describing the accident, explaining that I don’t admit liability and ask them to contact my insurance co. for any other business. Or am I making a mistake? Do I need a lawyer? Has anyone been in a similar situation?
Please share your wisdom, I’m sure some of you have been there before.
I have a question on this -
In SA,if you are involved in an accident no matter if you are claiming or not, you have to report it to the police within 7 days. From a lot of the posts I read, it would appear that this is not the case in the UK. Am I mistaken, or what is the procedure here?
AbbeyJ
You only have to report it to the police if
-
Someone is injured
-
“Roadside furniture” (is what they call it) i.e signs, fences etc have been damaged
-
If the vehicle is “obstructing the highway”
-
Dispute between drivers at the roadside
Otherwise they are happy that you just deal with insurance companies. Thats includes if your on your own AND if anyone else is involved.
Back onto the subject though, do as Weaver suggests and contact your insurance co. let them know why you didn’t meantion it before and pass on your co. details to the lawyer 
It sounds like he was completely in the wrong, but ill guess hell have a different interpretation of events. Put it in your insurers hands and once you hear his version you can then take the necessary action.
Id be pretty angry if a car turned in front of me like that, and would certainly have claimed for the minor damage off his insurers, always getting witnesses if possible. Your no- claims benefit would not be affected as it would be a non fault claim. I guess hes going to say you were negligent in some way but unless he has a witness to back up his version of events in this situation then it may well just be his word against yours and go no further.
Also i`d always report any incident on the road to my insurers just so that my insurance still covers me in the event of a later claim, again your no-claims benefit will not be affected.
I do this for a living and wouldn’t trust my insurers to deal with this competently. I would however recommend you tell them and give them very clear instructions that they are not to deal with the TP (Third Party) claim, tell them they are not to conceed liability. You will have to keep badgering them and ensure that they don’t accidentaly deal with the TP claim, you will be surprised how often this happens!
If it were me, I would also tell the solicitors to have sex and travel. Thier guy is to blame, but has no doubt told them, that you were riding the star ship enterprise doing warp factor nine down this road. It was a ped so you have a defence straight away to that allegation.
As an aside you do realise that sharks wont eat solicitors out of professional courtesy. Sorry flick.
Ah, the old lawyer scare tactics. DO NOT ADMIT ANYTHING!
Speak to your insurer. You’re probably under a duty to tell your insured, and furthermore your liability is taken up by them.
Your insurance company will instruct a lawyer to deal with it for you.
Fundmentally the car blocked your path and as such is at fault (provided you were in accordance with the highway code of course)
If you do communicate with them then you MUST say without prejudice on the head of all letters.
Hope that helps.
