I have received a letter from a firm of solicitors saying that I was responsible for their client’s injuries and seeking compensation from me. They claim their car driver has whiplash injuries.
I was following an Audi on my Yamaha V-MAX ZX12R and as I went to overtake when it was a clear straight ahead, the driver floored it. I think he was unhappy with me for going to overtake. 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 Audi driver drove off. Do they have a claim?
You need to notify your insurer that you have received the letter of claim.
The actions of the Audi driver seem to have contributed to this and could easily be regarded as dangerous driving if he deliberately accelerated to prevent your overtake. Witnesses 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 free to bring in the Audi driver as another Defendant.
The MIB will not likely compensate the injured driver if you were partly to blame for the accident and will leave your insurer to do so, it being a fund of last resort.