Liability was denied throughout and after two days at trial the judge found we were both to blame and ordered there be a 50/50 split regarding liability. Whilst I would have rather won 100%, I could follow why the Judge ordered a split liability outcome.
With regards to the money side of things, the Judge ordered I get £150,000, subject to the 50/50 split, i.e. I got a net sum of £75,000. As for the car driver, it was just a ‘bent metal’ case and he got a net sum of £1,700 after the 50/50 split for his car repairs.
To be fair, his insurer paid out super-quick and within 14 days as ordered by the Judge. However, my road traffic insurer (who should be picking up the tab for me) has not paid within the 14 days as ordered.
Further, my solicitor has just told me that my insurer says I was not insured to ride other bikes when the accident happened (I was on my mate’s bike at the time).
He also told me that if I do not pay the £1,700 personally, the car driver could come after me through the Courts. I couldn’t believe it and told my solicitor I’m not going to pay and I’m going to sue him and my insurer for cocking things up. Thoughts?
Answer
First things first, as liability split and you got a Court Order against you, if you do not pay the sum, then yes, the other side could pursue you through the Courts for this.
My advice is that as you have the funds, i.e. the £75,000, you pay the £1,700 as soon as possible. If you do not do that, you could end up having to pay more with regards to costs and interest, etc., if the car driver takes you back to Court to enforce the Order.
Thereafter, you need to check the terms of your road traffic insurance policy that was in force at the time of the accident.
If you have complied with that and you were insured to ride other bikes third party, then you should get the £1,700 back from them. If your insurer will not pay, you can sue them.
However, if you were not actually insured, then I am afraid the £1,700 rests with you, and only you to pay.
Lastly, I would ease back on your solicitor because they have not actually done anything wrong, and you may need him to help you moving forward.
Andrew ‘Chef’ Prendergast
More Bikes – August 2024
