WA Bike accident - insurance dispute

[Jimbo!]

Hi, I was riding my bike, a car overtook me, then 20 seconds later turned left, indicating at the last minute giving me no time to react and I went in to the side of their car. My bike was totalled and their car was damaged. I didn't accept liability and neither did the driver. I then received a letter from her insurance company claiming $8k of damages. I engaged a lawyer and 6 months ands $2k later, little progress has been made. They are threatening court action. There is rear dash cam footage which I guess is inconclusive as there is no audio which would show when she put her indicator on.

I'm not sure what I should do. The options I think I have are:

- pay them the $8k
- negotiate with them
- continue paying my lawyer and hope the insurance company backs down
- get rid of my lawyer and communicate with the insurance company directly, disputing their claim

Any advice would be greatly appreciated!
Also why wouldn't my lawyer have suggested I negotiate first up. If I knew this was an option, I would have considered it.

 

[Rod]

Keep lawyer, say no more negotiating, and wait to see if they start court proceeding. If they do, you counterclaim for your damages.

 

[Jimbo!]

Ok thanks for the reply. If they start court proceedings could I hypothetically avoid court by negotiating with them or worst case scenario settling for the full amount.

 

[Rod]

Negotiation is possible. Depends on the attitude of the other. In Vic, not sure about WA, both sides have a court obligation to attempt to settle.

 

[Jimbo!]

Update: Told them via lawyer - no more negotiating. Radio silence for a few weeks and then I received a pink slip in the letterbox asking me to call a debt collector. Phoned them and they have documentation for me to pick up, something lodged in Perth magistrate court by the driver. So the insurance company isn't involved anymore? Does this mean they rejected her claim?

 

[Rod]

So the insurance company isn't involved anymore?

Most likely.

Does this mean they rejected her claim?

Probably

they have documentation for me to pick up ...

They should serve you. You can make their job easy and pick it up, or make it harder and let them find and serve you.

Once you get the paperwork see your lawyer asap. You could advise them to send the paperwork to your lawyer instead.

 

[Jimbo!]

ok thanks

 

[Zerojay]

Hi Jimbo,
If you have a home contents policy, check out the legal liability cover it provides. RAC contents policy, for example, will cover your liability and legal costs in this situation.
I do not give legal advice, just my opinion based on working for an insurance company for over 20 years (now retired).
Regards
Zerojay