I have received a letter from a firm of solicitors seeking compensation for their client’s injuries in his car accident me and telling me to send the letter to my insurer. They claim their car driver had a serious eye injury from his airbag going off.
I was following a Porsche on my Multistrada and as I went to overtake when it was a clear straight ahead, the driver accelerated hard. This meant that the gap between me and the oncoming car was not as much as I thought. I just managed to get back onto my side of the road but the oncoming car swerved to avoid me and went into a hedge.
I stopped but the Porsche driver did not. Do they have a claim?
You do need to notify your insurer that you have received the letter of claim.
The actions of the Porsche driver seem to have contributed to this and could easily be regarded as dangerous driving if he deliberately accelerated to prevent your overtake. Witnesses or CCTV may be able to identity him. If so the claimant’s solicitors could be redirected to his insurer. However they are still likely to go for you, leaving you to bring in the Porsche driver as another Defendant.
The MIB will not compensate the injured driver if you were partly to blame for the accident and will leave your insurer to do so, the MIB being a fund of last resort.