[idk65000]

Hi All,

Hoping someone can advise on this mess i appear to me in.

About a year ago, I was involved in a collision with a motorcycle. I was waiting to turn right into a garage forecourt when the motorcycle overtook and hit my rear. At the scene the biker didn't disagree with this sequence of events, except that I wasn't indicating. Off duty police officers were passing by by chance and heard this conversation. There was also an independent witness who I briefly spoke to who agreed with my version of events. One officer took the rider to one side and spoke to him whilst the other spoke to me. As I was still being spoken to by one officer, the other one told the witness they could leave.

My insurance (esure) has always agreed with my claim of not liable, until today I have received communication from the solicitors (Keoghs) who have said the other driver is claiming he was travelling in the opposite direction to me and that the damage to his vehicle is on the left and their engineers report supports his position of travelling in the opposite direction to me. On speaking with the solicitors today, I have been told that the engineers report for my car only details damages and repair costs with no opinion on how the damage was caused. I was also told that the police were asked for a copy of the report and they have said none was made as the other driver told them he wasn't injured, despite being unable to stand up and was clearly in pain. He was asked if he needed treatment as a paramedic happened to be passing, he refused any treatment or ambulance.

The solicitors have said that they will have to admit liability based on the other drivers evidence and engineering report and they are not prepared to take it to court. So I will be held 100% liable and at fault as this is likely how a judge would view it. The solicitor did say that they were relying on witness statements and engineers report as the main evidence.

After 26 years of never causing an accident or making a claim I'm obviously not too happy about this, but am stuck as to how to tackle the situation.

Is there anything I can do here - is it worth making a formal complaint to insurance as how I see it is because of theirs and the Police's incompetence I'm now going to be held liable.

thanks,

[wagolynn]

Thinking about the incident based on your description - the motorcyclist hitting you in the rear would likely be toward the offside of your rear.
Once he realised his mistake, he may have tried to pass on your nearside but failed, and hit your nearside rear.
Both lots of damage would show that the direction of the motorcycle was from your rear.

If you were actually making your turn, and the motorcycle was coming the other direction it is most likely it would strike the front of your car or the nearside.

I am fairly confident that the engineers report would include photographs, if your car has been repaired the body shop may have taken photographs.

I think I would draw simple before and after diagrams, indicating the area of damage on your vehicle, and a written sequence of events in support of your case.
I would send a copy to your solicitor, and the insurance company.
Ask for information about the damage to the motorbike bearing in mind the there would be damage to the side of the motorbike when it fell to the ground.

You can only refer your case to the insurance ombudsman when your insurers send you a final statement.

[Beelzebub]

OP, you're not really in a mess. The worst that can happen is that you may lose your excess, have a fault accident to declare and lose some NCD.

It's hard to see any incompetence. The police would not normally investigate a damage-only collision. And AFAIK an engineer's report would not normally speculate on the cause of damage.

[Sazzy2]

@idk65000, same incident happened to me 4 weeks ago and I haven't heard anything more from the insurance. I received a solicitors letter asking on my behalf to accept 100% liability. I had to pay out of pocket to fix my car because the biker had no insurance so hopefully just waiting for my insurance to reimburse the situation to save my no claims discount.