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I received a letter of claim, what should I do?

I received a letter from a firm of solicitors claiming compensation for their client’s injuries in her car accident and instructing me to send the letter to my insurer. They claim their client had facial injuries from her airbags going off and whiplash symptoms.

I was following a VW Golf on my Ninja and as I went to overtake when it was clear ahead, the driver accelerated really fast. This led to the gap between me and the oncoming car being not as much as I thought. I just managed to get back onto my side of the road in time but the oncoming car swerved to avoid me and went into the verge.

I stopped but the VW driver did not stop. Will they succeed with a claim against me?

Luke, Penzance

Answer

You definitely need to notify your insurer that you have been sent the letter of claim.

The actions of the VW driver do appear to have contributed to this and could easily be regarded as dangerous driving if she deliberately accelerated to prevent your overtake. Witnesses or CCTV may be able to identity her. If so, the claimant’s solicitors could be redirected to her insurer. However they are still likely to go for you, leaving you to bring in the VW driver as another Defendant.

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.

Talk to one of our Motorcycle Accident Claims Solicitors

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