DH Templates

How do I write a counterclaim letter to (his) insurance company? Or tips.?

First, the details of the accident: I was following a silver Sedan on the motorway at 9:30pm, doing the speed limit and following at a safe distance when all of a sudden it braked hard, indicated once and swerved into the middle lane (we were travelling in the fast lane). I braked as I didn't know what was going on. As soon as the silver car was out of the way, I saw the problem - there were a motorcyclist stopped in the middle of the fast lane. He was on an angle (so his lights weren't fully showing), straddling his bike and looking over it, at what I don't know. Anyway I slammed on my brakes and indicated to go left into the middle lane but unfortunately I was blocked by a car on one side and a barrier on the other. I skidded and ended up hitting him head on. He hit my windscreen and went over my car and landed next to the barrier. When I was able to get out of my car he was conscious and leaning against the motorway barrier with people either side of him. When the ambulance arrived, the paramedics said he had no broken bones and had only suffered minor scrapes and bruises. Anyway yesterday (15/01/09) I received a letter from the Police saying that no Police action was being taken against either party. Today my mother recieved a letter from the motorcyclists' insurance company to say that he was making a claim against me. As I have never been in this situation before I'm unsure how to write a counter-claim letter and was hoping you could help me. I couldn't have avoided the accident in any way and if I hadn't hit him the car behind me would have (what I wish to know above all else is why he was stopped in the middle of the fast lane on the motorway and didn't try to move over to the barrier if something had gone wrong with his bike!!) I understand that I hit him and that I'm very lucky that the police aren't charging me with reckless driving however as he is claiming against my insurance I wish to do the same against his. I have Third Party insurance, however I've talked to my insurance company and they've said that it is still possible to claim under his insurance or claim under the 'innocent party' insurance that is included within Third Party. If anyone has any sites that could help or templates or advice, I would be very grateful. Thanks

Public Comments

1. I've been a claims adjuster for years investigating accidents just like yours, so what I tell you will be from experience. First, what kind of road was this on? It sounds like it was a highway if there was a barrier. What's the speed limit? Is it an interstate (no stoplights, intersections, etc)? Do you know why he was stopped in the middle of the lane? Did he say anything after the accident? Were there any witnesses that came forward? If your insurance company is smart, these are the questions they will ask the motorcyclist all of these questions. Legally, you do have a duty to maintain a safe following distance. I know you said you were, but the way a court would look at it is that if you weren't able to come to a stop, then you weren't traveling a safe following distance. However, if he was stopped in the middle of the road and wasn't acting in a "reasonable" manner...that is, was the reason he stopped reasonable for stopping in the middle of that road? Was the length of time he had been stopped reasonable? Could he have moved his vehicle out of the way sooner or come to a stop off the road instead? Depending on the circumstances, these are some of your defenses. Ultimately, you'll either both equally share fault or one of you will be a little more than 50% at-fault. This is when your state comes into play. Many states bar recovery if you are more than 50% at-fault. If you have Collision coverage for your vehicle, I would make a claim under your own insurance coverage for the repairs. If they determine the other driver has some/all fault and depending on your state, it's recoverable, they'll attempt to collect that money and your deductible back. If you don't have Collision coverage, you're pretty much at the mercy of the other company. If they deny liability, stating that their driver is not-at-fault, your only option is to file suit against the other driver in small claims court. Hope this helps, let me know if you have any other questions.