Advice needed regarding car accident

[honeyb35]

A friend had a car accident a year ago, involving a motorcyclist. The motorbike was on the wrong side of the road and hit the front end of her car, causing serious damage to the car (airbag deployed, car was a write off). The rider was seriously injured and spent some weeks in hospital, and is apparently left with a permanent limp. Initially and for some time afterwards my friends only concerns were about the rider surviving etc (making a point of saying this so there are no accusations about being heartless!).

Since the accident, my friend and her children have been suffering for a variety of reasons. She has developed a condition that makes walking painful and has been told it was aggravated by the crash. It's also brought back an old shoulder injury. Her three children were in the car with her - the youngest doesn't really remember it, her older daughter is calming down now but does still have some fears over travelling in the car, but her son is the worst - he refuses to sleep on his own, has constant nightmares, its caused some behavioural problems - he used to love school and was a great student but he now struggles to go. He's seen a professional therapist who believes its caused by a fear of losing his mum.

My friend had only recently bought the car and lost a huge amount of money over it, and can't afford to replace to the same standard.

The police ran an initial investigation - at first the rider claimed not to remember anything, then started saying it was definitely not his fault, car driver was going too fast, on wrong side of the road etc. The investigation proved otherwise - that my friend was on the right side, and that had slowed down on the point of impact (almost stopped - therefore can't have been speeding as slowing down to this extent wouldn't have been possible if that was the case), I don't know much about this proof, I'm sure someone knows the ins and outs and the evidence they look for, but anyway, police report showed my friend wasn't to blame. However they've now washed their hands of the case, decided not to prosecute motorbike rider as they believe 'he's suffered enough'. We've also found out this motorbike rider (he is about 20) has also caused or been involved in about 3 other accidents and has been done for dangerous driving (or something similar, I forget.)

The insurance and solicitors have been dragging their feet like nothing on Earth. His insurance have admitted liability but the case isn't closed (not sure if its because he started insisting it wasn't his fault?). She's been paid out but they were supposed to be arranging medical help and therapy, which hasn't happened properly. She also is trying to take out a new insurance policy but they are telling her she has to declare the crash as her fault, and pay a massive and unaffordable premium, as the case isn't yet closed.

I appreciate a lot of this looks like waffle, but I'm trying to get my head round the fact that she is being treated like this, over something that wasn't her fault at all, she was just in the wrong place at the wrong time. At the scene evidence was taken such as being breathalysed, having her mobile phone taken away etc (she was without it for 2 months) but obviously, we know all that was done to prove she wasn't at fault.

She is unable to afford to switch solicitors, or seek further help in getting the case closed, but something needs doing so the family can have the therapy they need and the insurance premium lowered. The way she has been treated is absolutely awful!

[frededwards]

She should write to the insurance company concerned, outlining her areas of complaint and give them a fixed ammount of time to resolve them. She should state that if the case is not concluded before that date, she will refer the matter to the relevant ombudsman.

 

http://www.financial-ombudsman.org.uk/

 

She must go through the insurance company's complaint procedure before contacting the ombudsman or they will not even look at the case.

[geared]

if that doesn't work get onto the cash4claims people, they'll drool over a case like yours and squeeze the insurance company for everything they can.

 

Also it might be worth contacting the IPCC about the plod not prosecuting the rider fully, clearly he should be done for dangerous driving but also with them convicted for it that would make things go alot easier with the insurance companies.

 

They can't claim it was the drivers fault if the police have done the guy for dangerous driving can they?

[honeyb35]

Thank you. The dangerous driving thing wasn't related to this incident, can't actually remember if the police officer (who told us about his prior 'incidents') said he'd been convicted or just cautioned over dangerous driving.

I will show her the replies. Something needs to be done, she's very depressed and downhearted about it all.