Old road accident rears its head almost three years after it happened

In August 2004 I was hit in the rear while stationary and indicating right by a motorcycle, writing off both vehicles. I walked away, the motorcyclist broke one arm. (Considering he hit me at around 60mph in the rear light cluster he was quite lucky!). I received a payout of £925 to cover my vehicle within three weeks and when my insurance was due for renewal, I received (upon asking) a no claims confirmation letter. I also received a letter from a company in Yorkshire (I live in Dorset as does the Third Party) which I forwarded on to my insurance company, which informed me that their client was suing me on behalf of the motorcyclist for 'pulling out into his path'. Having heard nothing more about it (when I spoke to the person at my insurance company they said that there was no way that they would let that one happen) I figured the matter was closed. Two years down the line (last November) I received a phone call from my 'solicitors' who I have had no contact with AT ALL 'during' the case, informing me that the claim was still ongoing and that they required more information. This included the name of the Police Officer who attended as well as ANOTHER written statement. They sent a crash investigator down to interview me, bearing in mind that the car should be long gone by now having been scrapped by my insurance company at the time. My question is this - is this matter going to affect my insurance (should the outcome be found in the third party's favour) or is it a private claim against me which my insurance company is obliged to fight? To me it seems ridiculous that he can have hit me square in the rear (when the car was towed away, it still had his headlamp cluster embedded in the rear of my car!!) and still my 'solicitor' reckons that there is a strong chance that he will win the case - how is that so?!

Any person injured in a road accident or otherwise has three years to bring a claim and one can only assume that in this case. those acting for the motorcyclist are doggedly pursuing the claim - probably on a no-win-no-fee basis. You are quite lucky that your insurers have confirmed that your no-claims discount has been preserved and if this claim goes to a trial wherein the motorcyclist is in any way successful, the insurers may be able to revise their position depending on the small print in your policy.

Presumably as you were paid out on a total loss basis shortly after the accident, no legal expenses insurer acted on your behalf to recover any additional losses such as hire or loss of use, otherwise you would have been aware of the continuing dispute or quite possibly, the motorcyclist's insurers might have conceded liability, paid your very modest claim and prejudiced the motorcyclist's position long ago. Alternatively, your representatives working on the basis of a classic rear-end shunt might have issued proceedings on your behalf and obtained a judgement in your favour.

You refer to "my solicitor". Whilst technically he is working on your behalf, in principle he will have been instructed by your insurers to protect their position. Reading between the lines, there is every likelihood that your insurers have have been defending the claim throughout and that the motorcyclist's solicitors have already filed court proceedings, which at the invitation of your insurers have been served upon your solicitors - or alternatively that proceedings are about to be issued.

There is nothing underhand about any of this, nor is it particularly unusual except that you made no claim in regard to your losses (and nothing prevents you from doing so now), thus were kept in the dark.

If you feel your interests are not being properly represented we will be happy to look at the case on your behalf.

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