Personal tools
You are here: Home → questions → Hit by foreign lorry who left scene but insurers deny liability: who can I sue?
free, easy legal help
1st step ask your road traffic law question: no charge and a quick answer!

2nd step
one of our lawyers will answer (usually within the day)

3rd step
come back to us if you need further help
see our success statistics
answered questions
Car came back from vehicle check as a former category C write off but the DVLA have no record of this... 2008-08-20
Caught on CCTV for parking with two wheels on the kerb while loading to avoid blocking the road: can I appeal the ticket? 2008-08-20
Car towed on Red Route which was improperly and unclearly signed: how can I challenge this and can I recover the towing costs? 2008-08-20
What is the statutory period within which the police must notify the driver of a speeding offence? 2008-08-19
I failed to tell my insurer that I had points. I have since been stopped by a policeman: what happens now? 2008-08-19
More…
 
Document Actions

Hit by foreign lorry who left scene but insurers deny liability: who can I sue?

by Murdo Maguire — last modified 2007-02-01 13:39

I was hit on the M25 by a German lorry in April last year. He did not stop, but I was able to pursue him and phone the police who stopped him. All details were exchanged and the police completed the necessary paperwork. I sent this to my insurance company who have finally reported to me that the MIB appointed Royal Sun Alliance to deal with the case on behalf of the German insurer. Royal Sun Alliance have denied liability. I want to sue the German driver/owner in the Small Claims Court in England. Question 1 - can I serve the Claim on Royal Sun Alliance? Question 2 - If so and I win, can I enforce the judgement against Royal Sun Alliance? The insurers mentioned Section 151, but did not know what the statute was. Many thanks for your assistance.

Royal & Sun Alliance will probably be the UK handling agents for the German insurers. Assuming this is a case where the foreign truck has changed lanes without realising you were in his blind spot, there is every likelihood your claim will succeed, but you might well benefit some help from an RTA specialist lawyer and we have specialists who would be happy to advise. Please call us on 0800 066 99 07

This should be available to you under your legal expenses insurance policy (if you have one), otherwise our sister company has a policy has a policy called Crashguard Hindsight which would limit your exposure to legal fees to £75 (including insurance purchase tax) - see below.

Assuming RSA are the UK handling agents for the German insurer, proceedings can be served upon them or any solicitors nominated by them. Under their agreement with Motor Insurers' Bureau, any UK handling agent must arrange that any settlement agreed or judgement obtained is paid within 30 days.

Crashguard Hindsight can be taken out following a collision and limits exposure to legal fees by providing legal expenses cover even after an accident has occurred. At £75 it is a bargain as it will also provide you with all the benefits of full crashguard accident scene assistance and full legal cover for a year after the policy has been taken out. It may be appropriate if you wish to take the matter further.

q&aFree legal advice direct to your inbox: Ask Law Answers your road accident or traffic offence legal question.
 

This site conforms to the following standards:

law answers network homeAsk Law Answers your own free legal question.