Ouch my arse.

[Nb]

So im waiting to turn right onto a roundabout when im smacked in the rear by a car quite hard, bike goes up her bonnet a little and i obviously fall off and drop the bike. I was stationary at the time. I think the woman just didnt look at what was in front of her (SHE ADMITTED LIABILITY.
Im only insured tptf (silly i know considering bike value) and as such my insurance doesnt cover this type of accident but they have refered me to a bike legal team 'silver' something???
To hopefully claim for repairs and a replacement (temporary) bike because its my daily transport to and from work. I dont think the bike is a write off, the damage i can see is bars bent, rear mudguard smashed off (with no. plate), front indicator smashed and front fairing scratched to fuck.
Has anyone else been in this situation before and what was the outcome? Im not going to be made out of pocket by someone elses mistake. I dare say this team of specialist are going to ask me to claim for injuries or crap like that, i feel fine, a little stiff in the lower back but i dont know how i'll feel tomorrow.
Forgot to say thanks to bloke on the Bmw bike who stopped to help.
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Cbr1100xx blackbird gone, mk4 golf gt tdi chav now
Colin1 wrote 'Im grateful for what i can get, which isnt all that much.'
Columbus travel insurance are crap!! Do not use!

[feef]

if she hit you, and the accident was her fault, you're claiming on her insurance, not yours.. shouldn't matter than You're TPFT

a
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Mudskipper wrote: feef, that is such a beautiful post that it gave me a lady tingle
Windchill calculator - London Bike parking
Blog and stuff - PlentyMoreFish dating

[Ciar?n]

Yeah, it should be ok mate,
If she has liability you'll be fine.
Take the bike down to the dealers, find out how much it'll cost to replace your stuff.

Send her the bill sorted.
Maybe claim for whiplash if your sore mate

P.S
I'm not one of these people who'd want to f**k someone for everything their worth.

Only if it was intentional.
Or more serious.

Hope your ok mate.
Hope frame isn't bent or anything
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22/8/08 A2 Passed! Full License Biatch!
Past: Suzuki CS50, Gilera Ice 50, Gilera Runner 125SP, CBR 600 F2, CBR600 F4i, CBR 600RR5,

[Feasty]

I'm interested in the replies to this too. But a further question is, if Nb is claiming on the other persons insurance, because Nb's only TPFT can she do this through her own insurance company or will she have to pay for her own legal aid to claim?

[feef]

[dainesefreak]

If you are being referred to a legal team I'll take it you have taken out legal cover with the policy. It will basically be a team of Solicitors who will work on your behalf by trying to recover your costs and inccurred expenses from the other party's insurance company. These things can drag on and it's worth making regular chase up calls. It's also worth noting who you spoke to, when and what was said/agreed.

You can claim for damage to kit, travel expenses and cost of a hire bike. This is only worth doing if you are sure of the result otherwise you will end up bearing the cost. They should also ask if you want to claim for injury, it isn't compulsory but if you do they can ask for you to be assessed by a doctor they appoint.

As you are TPFT you won't contact your own insurance company again to process the claim, it will all be done through the legal company and mostly through their Clerks.

Good luck.

[Finglonga]

Nb Get a checkup at the doctors asap, tell your insurance also. Any injury at an accident however minor and the police should have been called. You may need to make an injury claim at a later date.
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Andy Sez....
F.Y.Y.F.F.

[feef]

[Finglonga]

[fork_oil]

I was in a very similar situation a few months ago, having TPFT ins when I was knocked off by a car turning across my path.

I didn't have legal cover on my insurance, but a claims assistance company (BLD) took the bike away and arranged for an assessor appointed by the other party's insurers to value the damage. I did hassle them to bring it back once this was done, although they wanted to 'dispose' of it for me.

They then did all the correspondance with the other insurer, with some input from me re. damage to clothing. I also went for a quick checkup with my local GP even though I was only a bit bruised. The GP records anything there and then, so if it turns out to be more serious than you thought, you can't be accused of suddenly making up any injuries.

BLD did send letters and call, but I did call them quite often to see what was happening. The other party's insurers weren't interested in paying out ASAP, so dragged things out.

I had a couple of ambulance chasing companies call up - my details were probably passed on by my insurers as I thought it best to tell them what had happened, in case the driver changed their story and claimed I was wheelying past them at 100mph or somesuch. They lost interest when I told them I had no injuries.

Unfortunately, it did take a few months to all get sorted out. I was fortunate in having spare bikes and a car so didn't miss summer. It got to the point where I was considering legal action, but unless you have a bike worth over £5000 or real injuries, it'll be referred to the small claims court, which means you'll have to DIY, as any award for costs wouldn't cover the actual legal costs. A solicitor at White Dalton was helpful, but politely declined to represent me because of this. He did send me all the forms to start small claims proceedings though, so fair play to them.

Fortunately, I got a cheque through after about 15 weeks. Part of th e delay was that my witness was a bit unreliable, but eventually completed a statement. I got a fair to good settlement for the bike, and a generous amount for my gear. On top of that, I've got the written off remains to break for spares, so have come out ahead.

Good luck in your case. Having an independant witness helped greatly, but I suspect being hit from behind at traffic lights (hope you took photos at the scene) would be pretty conclusive.

[BorderHooner]

In simple terms insurance works like this.

If you are fully comp you are covered completely and your insures pay out if it is your fault.

If you are TP and cause an accident the third party can sue you and you have to pay out of your pocket.

Regardless of wether you are TP or FC, if it is their fault you can still claim against them. If they are FC you claim to their insurers, if they are TP you use a legal team to recover costs. This can be a minefield, you may end up in small claims court, you may end up recieving nothing if the thrid party has no money.

[Ichy]

[stinkwheel]

Write yourself a wee report stating exactly what happened, when, who was involved and what was said. Do a wee sketch map of the area. Consider going down there and taking photos. Details of these things can get sketchy after a while so it is handy to have it noted down somewhere.

A couple of things.

1) Just because she admitted liability at the time, doesn't mean she will by the time she has got home and told her husband about it. By the next morning you could have come up behind her at 200mph, jumped clean over her car with a double, no-hands backflip and landed on the bonnet. I've seen this happen before (the changing of stories, not the backflip).

2) ALL insurance companies are thieving bastards who will try to worm out of paying you. They know they are going to have to pay out on this one so what they'll do is drag their heels at every possible juncture in the hope that you will get fed up with the whole affair and give up on it (many people do after the fourth month).

They might even try to make out it was your fault "Because the other driver says you backflipped over the top of her car." or something else equally as improbable. I once had an insurance company try to wriggle out of paying me for damage sustained by someone pulling out on me from a bus lane because "The other driver says he was flashed out by someone.". Don't give them an inch.

The ways to speed them up are to a) Keep riding them, keep phoning, send letters detailing what was discussed in the phone call 'for their information'. b) Make it cost them money to waste time by demanding a hire bike to cover the time yours is off the road, even if you leave it sat in the drive. c) If you feel they are taking unecessarily long, instruct your legal advisors to begin court proceedings in the small claims court against the other driver (not their insurance company). A summons landing on the doormat generally gets things moving.

[lumphammer]

Best to advise the police (even though you don't have to in this instance) to cover your arse in case Stinkwheel's prophesies about backflips come true.

Your excess is termed an "unisured loss" as is the cost of hiring a replacement bike. You will have to claim back these costs from her insurance company. I would very much doubt your ins. co. would do that for you.

[Nb]

Thanks for all your advice people. It seems to be going smoothly so far, they are picking my bike up this morning and leaving a hire bike which is gonna be billed to her insurers i guess. My back was sore lastnight but feels better today so i dont think i'll go to the doctors. I just hope my bike isnt fucked too bad It doesnt look to bad but she REALLY hit me hard and caused a shitload of dmage to her car. I suppose its possible my rear wheel took the brunt of it.
https://img.photobucket.com/albums/v678/blazebrown/DSCI0033.jpg
https://img.photobucket.com/albums/v678/blazebrown/DSCI0035.jpg
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Cbr1100xx blackbird gone, mk4 golf gt tdi chav now
Colin1 wrote 'Im grateful for what i can get, which isnt all that much.'
Columbus travel insurance are crap!! Do not use!

[Pete.]

[BorderHooner]

yes. you are right. i made a boo boo.

what I meant was if it is their fault and you are TP your insurer will not pay out to you, you have to claim off the tp insurer.

hth

[Nb]

Well my hire bike (bandit 650) just got dropped off and my bikes gone away to bournemouth to be sorted. The womans insurance company have contacted me to say she has admitted liability so all is good i hope. Fingers crossed it gets sorted asap. And its Bikers legal defence that are helping me.
____________________
Cbr1100xx blackbird gone, mk4 golf gt tdi chav now
Colin1 wrote 'Im grateful for what i can get, which isnt all that much.'
Columbus travel insurance are crap!! Do not use!

[stinkwheel]

[MarJay]

[quacker_boy]

As others have said mate, if the accident is HER fault you'll be claiming off her insurance not your own.

Hope you're resting easy and everything's going smoothely
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wizzzard wrote: Imagine God just stopping by, tidying your front room up and then quietly letting himself out again. Statisticly more likely to happen than Korn being on here.

[Kitten]

Sorry to hear that mate! Haven't heard from you in ages!

Your insurance sound much better than mine!
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RVF400 (NC35) My baby

[Richard Green]

totally agree with feev you shouldnt have a problem if she has admitted liability .

[Nb]

Thanks for the comments people. The only thing i dont like so far is my hire bike lmao. Compared to my bike it feels like hard work and really uncomfortable. But a second class ride is better than a first class walk....
Im not sure if its the bandits riding position or lack of fairing but my back hurts a fair bit when i sit down today. My old dear and missus keeps telling me to go to the quacks but i think its just the change of bike causing it mostly. I'll probably go anyway.
____________________
Cbr1100xx blackbird gone, mk4 golf gt tdi chav now
Colin1 wrote 'Im grateful for what i can get, which isnt all that much.'
Columbus travel insurance are crap!! Do not use!

[Rookie]

More likely it'll be some minor trauma from the crash, the Bandit isn't exactly renowned for being uncomfortable.

Good luck getting your bike back quickly.