[ad_1]
I had simply gone over a pedestrian crossing after letting slightly outdated man stroll over it. Simply after that, I indicated after which started to show proper right into a aspect highway as I wanted to go to the put up workplace.
It was at that time when a lunatic supply firm driver determined to overhaul the HGV behind me, on a pedestrian crossing, and in addition attempt to overtake me. It will be truthful to say the one factor he delivered that day was a damaged proper leg to me, and a trashed bike. If I might have gotten up, I might have punched him. Nevertheless, I couldn’t and laid there on the ground like a tragic sack of potatoes.
The outdated invoice rocked up and, armed with the dashcam from the HGV, the supply driver received accomplished for harmful driving and banned. Subsequently, so far as my case was involved, I assumed it will be simple. Nevertheless, the supply driver and his insurer have been idiots so after a yr my solicitor issued Court docket proceedings towards each of them, and we needs to be heading to Trial subsequent quickly, I hope.
The worry I’ve now received is my solicitor has advised me the supply driver’s insurer has gone bankrupt. Does this imply I cannot receives a commission? The insurer is Gefion.
Reply
It’s not clear if you’re going to Trial to take care of who’s guilty for the accident, or solely to determine how a lot your declare is for. Nevertheless, on the blame entrance, I might be extremely stunned when you didn’t win this 100% on legal responsibility.
The supply driver appears like a proper dipstick. Subsequently, the next recommendation is on the premise the Trial is required for the Choose to listen to the proof after which make an Order as to how a lot you get.
As for truly getting the cash after the judgment, you can search it immediately from the van driver, or his insurer, Gefion. The benefit of getting it immediately from the van driver is you wouldn’t have to take care of the bankrupt insurer (learn on) and you may go away it to the van driver to get the cash again from his insurer, who’s now bankrupt. In spite of everything, he paid a premium to cowl this threat.
Nevertheless, while you can do this, virtually, I think the van driver could not have a number of thousand kilos to pay the judgment towards him. Subsequently, when you have been my Shopper, I might get the judgment for you (on the premise you win your declare) after which direct the declare to the Monetary Providers Compensation Scheme (FSCS) within the occasion the van driver/Gefion wouldn’t have solicitors representing them. The FSCS’s web site could be very helpful and states, ‘Gefion Insurance coverage A/S (“Gefion”), a Denmark-based insurance coverage firm entered into insolvency proceedings on June 7, 2021. It’s not paying claims.’ Nevertheless, it continues by stating, ‘FSCS declared the agency failed (in default) on June 7, 2021 and is stepping in to guard nearly all of insurance policies Gefion offered to people and small companies within the UK.’
In different phrases, virtually insofar as you might be involved, the FSCS will successfully pay out for any judgment that Gefion is liable to pay. Subsequently, you’ll get your cash when you win at trial, however it could take a while to receives a commission afterwards while it really works its means via the claims system.
Andrew Prendergast
Extra Bikes November 2022
[ad_2]