Insurance claims

Raiden

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I have posted this in another forum and just want some opinions really

My nephew had an accident just over a year ago and the problem isn’t going away and we have a court date in May penciled in.

A motor bike went into the back of him and the guy is claiming All sorts. I know the rider had 10k paid out which my nephews insurance company wants back, apparently it was to stop the bike hire as the daily rate was astronomical. The rider roughly wants 35k and got no win no fee involved but luckily my nephew had legal cover. He’s young and anxious about it all and wants to avoid court but I’ve told him that it’s happened to me a couple times in the past but it’s never got that far.

Anyway his solicitor has said the following which I don’t want to accept but I remember a couple months ago they said he would have to accept some liability because a bike is involved? This happened to me with a bike about 15 years ago and we had to go 50/50 for the same reason. Should we accept?

I am reviewing the statement and the case in it's entirety today and will be providing my final advices to your insurer.

Your insurer have already approved making a split liability offer in your favour on a 70/30 basis that we discussed previously. This would mean that you accept 30% responsibility for the accident and the Claimant, should they agree to the offer accepts 70%.


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The legal firm that’s representing your nephew must have experience of this given they are putting this offer on the table. In my eyes, anyone going into the back of you is ultimately at fault for not keeping a safe distance appropriate to the road conditions. That said we don’t know the circumstances, whether your nephew switched lanes, involved in a turn, indicators used, etc. A split liability deal is a compromise given the law can acknowledge guilt on both sides and your nephew’s legal company are seeking a resolution. If it’s no quibble and motorcyclist was ultimately at fault, then fight it. A claim will follow your nephew for at least 5 years on insurance. Will depend on the legal representation he has. More reading here. https://www.lyonsdavidson.co.uk/liability-motorcycle-accidents/