Driver accelerated to stop my overtake

I received a “letter of claim” from a solicitors company claiming compensation from me for their client’s injuries in her car accident. They say that their client had various injuries and PTSD, and suggest I forward the letter to my insurance company.

I was riding behind a Tesla and went to overtake once it was clear. The Tesla driver then accelerated quickly, which closed the gap between me and an oncoming car. I managed to get back onto my side of the road in time to avoid a collision, but the oncoming car swerved to avoid me and crashed into the hedges on the side of the road.

I stopped and gave my details but the Tesla driver left the scene. Will the lady succeed with a claim against me?

Richard, Swindon

Answer

It is important that you tell your insurer that you have been sent the letter of claim and let them have a copy.

In terms of liability, the actions of the Tesla driver do appear to have contributed to the accident and could easily be regarded as dangerous driving if they deliberately accelerated to prevent your overtake. Witnesses or CCTV may be able to identity the driver and, if so, the claimant’s solicitors could be redirected to their insurer.

However, they are still likely to proceed against you, leaving you to bring in the Tesla driver as another Defendant.

If the Tesla driver cannot be found, the Motor Insurers’ Bureau will not compensate the injured driver if you were partly to blame for the accident and will direct your insurer to do so.