By JReynolds
Date 10.04.04 08:34 UTC
3 years ago in October, my husband unfortunately knocked a chap off his pushbike on a round about near where he works. My husband was hardly moving when the accident happened as he was pulling out of a road at the time. The chap got up and walked to the side of the road, hubby asked if he was ok and did he want to call the police. The man said no he was fine, my husband then gave him a lift home, bike in the boot. The man thanked him for stopping, they exchanged names and addresses etc. Hubby asked again if he was ok, to which he said he was fine, just a scratch on his arm and went into his house. 3 months later my husband had a letter as this man was making a claim again him for damaged bike, plus that he was unable to work due to his 'injuries'! My husbands insurance accessor came out, they went to the accident site, the insurance man told my husband that there is a bike lane less than 10' from where the accident happened and this man should have been on that, as it was a roundabout that goes onto a dual carriageway. My husband admits he hit the cyclist, insurance are saying it's a 50/50 claim, as the cyclist should have been on the cylce lane.
As this claim is still going on, my husband has lost his no claims and has been paying the higher insurance for the last 3 years. This chap apparently has till October to make his claim. If he decides not to claim (as the insurance company haven't heard from him since April 2003) will my husband get his no claims back, plus all the premiums he's paid??
My car was involved in an accident a few years ago, it was parked and a lorry backed into it. We were fully comp and wanted to get the car fixed ASAP so my insurance paid up and they were reimbursed at a later date from the lorry driver's insurance. We were told by our insurance company that we would lose our no claims until they had been reimbursed and then have it reinstated once their claim had gone through. Our premium was up for renewal during that time and we lost the no claims bonus so had to pay extra, but true to their word we got it back once the claim had been processed. Should imagine your hubby will get the last 3 years bonuses paid back if this man doesn't make a claim, however he did admit liability and these insurance companies try to get out of paying anything if they can, so I would check with them to see where you stand on this. Hope this bloke decides not to claim and you get your money back, good luck.
There is a legal forum
here where you could ask. It is mainly used by disabled people but the Lawyers there will answer any legal issues on eg. accidents, injury, employment, disability rights ,conveyancing, business law etc. I'm sure someone would be happy to offer you advise.
Many years ago I was in an accident myself involving a runaway lorry and I had no choice but to sit in the road to avoid the lorry and I was hit by another car who came up on my inside, the accident wasn't my fault because I was hit from behind but my insurance company stopped my no claims and my insurance premium went sky high, when it was eventually sorted out about 2 years later my premiums went back down but they never gave me a refund for the 2 years where I paid the inflated price.
Kind regards,
Linda