nyc:thanks i am hoping it doesnt come to a court case?? that would just be an absurd waste of the tax payers money i would go as far as going to the local paper about it as its that ridiculous as this incident never happened - i think the police not even contacting me for 3 months will show that. fingers crossed cheers!

No waste of taxpayers money. This is a CIVIL matter. The Insurers would be responsible for any costs.

Huckster

thanks i am hoping it doesnt come to a court case?? that would just be an absurd waste of the tax payers money i would go as far as going to the local paper about it as its that ridiculous as this incident never happened - i think the police not even contacting me for 3 months will show that. fingers crossed cheers!

nyc:oooh sparky also the police said in the letter i was driving without due care and attention but "injury lawyers for you!" said i left the scene of a accident - which is an untrue claim so its seems to me mr biker is telling a few lies thanks again

The Police would only say that there had been an allegation of you driving without due care and attention. There is no proof, unless the motorcyclist has witness statements or there is CCTV.

Also in regard to leaving the scene of an accident, this again is purely an allegation. If there was any proof the Police would have brought charges against you.

The Police may have attended the scene of the accident if the biker was injured. But any Police report would only give the basic details of the event. The report should not contain any unsupported allegations about you. Therefore you should not worry about your insurers receiving an inconclusive report.

Just complete a claim form and give your side of the story. Your Insurers will decide whether to take forward the claim by the 3rd party motorcyclist or not. But beware that in the future this matter could end up in civil court if there is a dispute about liability, so make sure you are as factual as you can be.

If you have legal expenses with your Car Insurance policy, you may wish to use this, to defend yourself.

Huckster

hi thanks - i think the police may have someting from the boker but nothing from me - they have never appoached me as my insurance company put on the letter they await the police report - which is just ridiculous. i am going up this morning to see the police

thanks

Since there are no witnesses, whatever "injury lawyers for you" or Mr. biker says is their part of the story and dont be afraid of it. Just tell your insurance company that there was no collision with your car and you dispute with the story of the other party. Since it is not a police case, your insurance company should handle it after taking your statement.

oooh sparky also the police said in the letter i was driving without due care and attention but "injury lawyers for you!" said i left the scene of a accident - which is an untrue claim so its seems to me mr biker is telling a few lies thanks again

hi no witnesses, no police they rang the police at midnight and they are saying the accident happened at 6pm. as i said i think in my first post the police told me to ignore it as they get things like this all the time - its no problem for me to get the previous owner to say that the scratch was from them when they owned the car but to be honest looking at it you can see its so old you can see the old t cut in it too, and i would be more than happy for the police to fully inspect my car and look for any paint remnants - they wont find any. its just ridiculous! thanks

As you are disagreeing with this, try contacting the previous owner of the car to get confirmation of the scratches being preexisting when they sold the car onto you.

Have you seen any of the information about what the other party are claiming for? Is there any damage to the bike that would correspond with the claim?

Were there any potential witnesses? Have they stated any withnesses. If they are seeking an injury claim, what have they got to back this up? Were the police called at the time? An ambulance?

It sounds like this is a fraudulent claim by the biker, as I would have expected there to be more indication of an accident. It sounds like you annoyed the biker enough to make a statement to police that you were driving without due care and attention, or this was part of their plan to claim against you.

Sparky.

NYC

By all means ask the Police for advice but don't be surprised if they are not interested.

I think the motorcyclist could have had third party cover and not comprehensive. The only way they could claim is by blaming someone else and trying to claim off their policy. If you absolutely sure you are not to blame, contact your Insurers for a claim form and instruct them to deny any liability to the 3rd party. Then complete the claims form when received giving your side of the story.

By the way your estimate of 20 yards (60 feet) gives the impression you may be at fault as this seems to suggest you pulled out without due care and attention.You should think about this distance again and revisit the scene of the incident.

Huckster

hi thanks but no i didnt hit him at all i was clearly out of the drive on my side of the road driving along and he appeared from nowhere at about 60 mph - i must stress i never hit him at all i didnt even know he had come off until two months later when my insurance company said he/she had claimed that i collided with him - and i didnt. so this is why i am totally lost with this as i have been totally wrongly accused of nothing - its like someone driving along the road and not noticing anything apart from bad drivers and all of a sudden getting a letter accussing you of something - you see people like this everyday on the roads and you just think they are careless drivers and carry on as normal - if you see what i mean? this is why i am so shocked to be accused. also i am a really honest person and had i have hit anyone i would have totally sh!t myself for want of a better word! Not only that but car woudl be trashed! the photos they have taken are quite comedy because its just a ridiculously old little scratch. i am going to the police tomorrow morning to report them for fraud and as i feel totally victimised that this person now knows where i live and has all my details - for a woman living on her own its incredibly frieghtening. thanks for your advice.

nyc

I can only summise from your post that the event was as follows. You turned right out of your drive, not noticing an oncoming motorcyclist who may have been speeding. The motorcyclist reacted moving onto the wrong side of the road and nearly crashing into you 20 yards down the road. The motorcyclist then preceeded to crash further down the road, which you did not notice because, you had driven on thinking there was no problem. The motorcyclist at a later date has found your car near your house and has taken details/pictures. They have then contacted the Police and their Insurers, hence this is why you have been contacted by the Police and the Insurers.

You will need to complete a claim form for your Insurance company explaining what you can remember of the incident. If you have any witness statements you should include these. If I were in your shoes I would make the case that you pulled out safely from the drive looking each way showing care to other road users. When you reached 20 yards down the road you remember having to avoid a motorcyclist who was speeding and on the wrong side of the road. In regard to the damage on your car this was existing and could not be related to being hit by a motorcycle at speed.

I personally believe that your Insurance company will find you at fault because from your information, I don't think you saw the motorcyle when you pulled out of the drive. Your Insurance company will therefore pay out any sums to the motorcyclist under your 3rd party cover and there is not much you can do about this. If you receive any correspondence relating from the 3rd party or their Insurers/legal people, just pass this to your Insurers, without any comment. Under the terms of your Insurance policy you are not allowed to get involved with 3rd parties.

The Police will not pursue you unless there is CCTV evidence to support a prosecution. This is now just an argument between you, your Insurers and the 3rd party/Insurers.

Huckster

Just wondering if anyone can offer any advice i received a letter from the police saying i was driving without due car and attention on a certain date and time. i went to the police station and they woman on the desk told me to just wait to see if anyone gets in touce - they never did. i received a letter from my insurance company aski ng me for a written record of an incident i was involed in on the same date and time. i remember on this day that i pulled out of the drive to turn right as i got about 20 yards down the road a motor bike came along at the wrong side of the road speeding - i had to take evasive action and move over to get out of his way. didnt think nothing of it apart from what an idiot the person the bike was and kept on going down the road. i told the insurance company this and they told me to ignore the letter. a few weeks later i got the same letter, rang them again and told me i would need to explain this in a letter so i did comfirming there had been no incident at all. they told me somone had reported that my car pulled out of a biker and there was a collision! this was early july. today i have received a letter form my insurance company with another letter attached from "injury lawyers" with pictures of my car attached!!! asking to comfirm if this is my car and if the scratches on the back wheel arch are on my car and where they came from. the scratches are actually what the previous owner did and you can still see remnants of the t cut they used to cover them up when they sold it to me - over time in the past year it has come off sue to washing and polishing. so this guy on the bike has come to my house taken pictures of a random scratch and accused me of going into him. I havent and i certainly woudl not have carried on down the road if i had a collision and my rubbish ten year old yaris woudl have been ripped to shreds if a 1000 plus cc bike had gone in to it. i reallyh dont know what to do with this as my insurance company dont seem to be supporting me and the police were less that helpful. anyone got any ideas of where i go from here? i feel completely victimised by this person who has somehow found out where i live - maybe sat watching for me to come home or something. i have done absolutely nothing wrong :(