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Crashing - claiming back

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Rookie
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PostPosted: 13:58 - 24 Jun 2007    Post subject: Crashing - claiming back Reply with quote

Quick question - since I've had a crash which wasn't my fault, though liability hasn't been established yet, can I claim back the remainder on my tax and insurance?
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iooi
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PostPosted: 14:05 - 24 Jun 2007    Post subject: Reply with quote

Tax won't be a problem, just get the tax disk and send it back, thats if its worth it... Just remember to make sure it gets SORN before tax is due again.
Not sure on ins, Just ask ins co for the proper answer.
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gmanxiii
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PostPosted: 14:14 - 24 Jun 2007    Post subject: Reply with quote

im in the process of trying to claim my insurance back from my crash, been told by my solicitor its a bit of a grey area but they can try claim it back anyway.

This is how she worded it:-

Quote:
Unused Insurance Premium - This is always a rather grey area. You are required by law to purchase insurance and it can be argued that once you have had an accident, then the benefits arising out of the policy come into effect - this happens either on day one of the policy or day 364. The argument against that of course is that you will in effect need to purchase insurance up to 52 weeks earlier than you otherwise would have done, and we will try and claim it on that basis.

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MattEMulsion
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PostPosted: 14:38 - 24 Jun 2007    Post subject: Reply with quote

I can't imagine that you will be able to claim back anything on what you have paid towards your insurance premium - especially as liability for the crash hasn't been established.
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Walloper
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PostPosted: 14:40 - 24 Jun 2007    Post subject: Reply with quote

Gmanxiii wrote:
im in the process of trying to claim my insurance back from my crash, been told by my solicitor its a bit of a grey area but they can try claim it back anyway.

This is how she worded it:-

Quote:
Unused Insurance Premium - This is always a rather grey area. You are required by law to purchase insurance and it can be argued that once you have had an accident, then the benefits arising out of the policy come into effect - this happens either on day one of the policy or day 364. The argument against that of course is that you will in effect need to purchase insurance up to 52 weeks earlier than you otherwise would have done, and we will try and claim it on that basis.


If you were not at fault, your vehicle was written off and you still had a substanial amount of cover left on the policy it would be 'fair' to expect some compenstation from the Other person.(Their Insurance).
But the law is not always fair.
If you recover your Un-Insured Loss (Ins Excess) from the other person then they have accepted fault.
You would need to chase them for damages.

It's Greyer than a Monday morning queue for a bus to work.
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gmanxiii
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PostPosted: 14:42 - 24 Jun 2007    Post subject: Reply with quote

Walloper wrote:
It's Greyer than a Monday morning queue for a bus to work.


dont remind me, got to get bus into work tomorrow Sad
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ColdInsomnia
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PostPosted: 15:17 - 24 Jun 2007    Post subject: Reply with quote

Gmanxiii wrote:
Walloper wrote:
It's Greyer than a Monday morning queue for a bus to work.


dont remind me, got to get bus into work tomorrow Sad


If the crash isn't your fault (or even partially) you should still be entitled to a hire bike.
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gmanxiii
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PostPosted: 15:29 - 24 Jun 2007    Post subject: Reply with quote

ColdInsomnia wrote:
If the crash isn't your fault (or even partially) you should still be entitled to a hire bike.


Yeah it wasnt my fault but unfortunately i ended up with a broken arm from the crash so cant ride anything at the moment. Been offered a hire bike repeatedly even though i keep telling them i broke my arm Apparently its how the accident management companys make their money, the guy picking up my wreck had a shed of a hire CG125 in his van that costs £70 a day and a bandit that cost over a ton a day! Shocked i can hire a pretty decent car for that kind of money.

Cant drive with broken arm either otherwise I'd see if i could rent a car instead!

Actually i dunno if i'd be able to hire a bike soon as my arm is hopefully getting better, bike been written off, but theres been some sort of dispute and everythings been passed onto my solicitors so ive not seen a penny for my bike yet and its been 4 months.
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Walloper
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PostPosted: 15:30 - 24 Jun 2007    Post subject: Reply with quote

ColdInsomnia wrote:
If the crash isn't your fault (or even partially) you should still be entitled to a hire bike.


Yes.
Hire a bike then claim back the cost from the other insurance.
But if it's found to be your fault/knock for knock you will pay.

Unless your own policy has cover for hire.

Even greyer area. Nearly black-ish. Laughing
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Finglonga
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PostPosted: 15:36 - 24 Jun 2007    Post subject: Reply with quote

As already stated you can't claim back the insurance premium from your insurer but you can claim any back in a claim against the other persons insurer. BUT they would have to admit liability first as the other party could do a counter claim for the same thing. Wink
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steveh
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PostPosted: 15:47 - 24 Jun 2007    Post subject: Reply with quote

get your bike back too Very Happy
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ColdInsomnia
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PostPosted: 16:40 - 24 Jun 2007    Post subject: Reply with quote

Gmanxiii wrote:
everythings been passed onto my solicitors so ive not seen a penny for my bike yet and its been 4 months.


Useless aren't they.

I was knocked off back in January, and my medical exam for my solicitors isn't until July.

I was given 750 quid to write off my Diversion (I argued it was worth more but that argument fell on deaf ears). I haven't seen a penny on top of that, regardless that:

1. I had to buy a new helmet
2. I had to buy new gear
3. I have had back problems since the crash.

On top of all that, I got knocked off AGAIN at a junction very close to the first one by an impatient driver who 'didn't think I was turning'.

That second crash was 7 weeks ago. I'm still riding a hire bike now.

It feels like I've spent more time on fucking hire bikes than I have on my own bikes. I've only been riding for a year and a half for fucks sake.
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iooi
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PostPosted: 18:13 - 24 Jun 2007    Post subject: Reply with quote

Any personal injury claims will take a long time, sometimes into years.... Its not something that can be solved quickly.
A mate had his leg crushed in a crash and that took 4 years to sort before he got his 10 grand payout.....
As to you gear di you submitted a claim ? Could be that it was covered under the bike payout... You did read the small print on that when you got the cash?
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T.C
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PostPosted: 19:09 - 24 Jun 2007    Post subject: Reply with quote

Anything that has resulted in an out of pocket expense can be claimed back, which includes any travelling, public transport and car park costs. If you have to pay someone to walk your dog, do your garden, cook your meals, this can all be claimed, but keep a note of what you spend or receipts as this will substantiate any claim you make.

better still, I always advise my clients to keep a diary and write in their expenditure along withthe receipts and then simply hand everything over once complete to your solicitor, the third party will have difficulty knocking the values down if you have documentary evidence.

You are entitled to claim back any uninsured losses, and if this means that you lose money on the remainder of your policy, then get a letter from your insurers stating this and exactly how much out of pocket you will be.

In respect of personal injury claims, proceedings must be issued within 3 years from date of injury or date of knowledge, whichever the sooner, except in the case of juveniles and those incapable of looking after their own affairs in which case the statute of limitation does not apply.

If you suffer finacial hardship, ask for an interim payment, this can be made regardless of liability being admitted, but would be deducted from your final award.
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faddius
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PostPosted: 23:20 - 24 Jun 2007    Post subject: Reply with quote

Tell my solicitors to even consider my argument for my innocence.

Refuse to measure the road, photograph it, compare widths of vehicles etc. etc. The fact the woman wasnt driving, it was her jiggalo or who ever the hell he was.

Im sick of my solicitors to the core, everyone avoid Shoosmiths at all costs.

I had a hard claim to start with, being 18 and on a 650 and the woman being mid 40s business woman. Shoosmiths have made it far worse, im going to be lucky to get even a quarter of what I should get.

T***ers.
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T.C
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PostPosted: 08:24 - 25 Jun 2007    Post subject: Reply with quote

faddius wrote:


Im sick of my solicitors to the core, everyone avoid Shoosmiths at all costs.


Well that explains a lot Rolling Eyes

One of the worst reputations in the legal profession.

Are you on legal expenses? If so get your insurers to move the case somewhere else, if you are on a CFA, sack them and appoint a new firm. I can recommend someone who is absolute top dollar.
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Gazdaman
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PostPosted: 08:59 - 25 Jun 2007    Post subject: Reply with quote

Just for those in this thread questioning Rookie's liability he's 100% not at fault in this one.

Still I've never heard of claiming back the money paid for insurance. Seems reasonable-ish though.

Gaz
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gmanxiii
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PostPosted: 09:26 - 25 Jun 2007    Post subject: Reply with quote

T.C. do you know if david gist are any good??
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Gazdaman
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PostPosted: 10:23 - 25 Jun 2007    Post subject: Reply with quote

Gmanxiii wrote:
T.C. do you know if david gist are any good??


They send me threatening letters every so often. But they havn't sent any for a while, so they can't be that great.

This is after I damaged my pillion, he was assigned them. And he hasn't received a penny yet. And this is with me admitting full liability and wanting it done with ASAP.

Gaz
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T.C
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PostPosted: 11:55 - 25 Jun 2007    Post subject: Reply with quote

Gmanxiii wrote:
T.C. do you know if david gist are any good??


I have never heard anything complimentary about them, quite the contrary Thumbs Down
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Rookie
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PostPosted: 12:05 - 25 Jun 2007    Post subject: Reply with quote

Christ, they're the people MCD sent me to, I might need to have a word. MCD said I could use anyone I like. Thanks for that T.C, we are keeping a diary like that. Thumbs Up
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gmanxiii
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PostPosted: 12:40 - 25 Jun 2007    Post subject: Reply with quote

doh im with motorcycle direct too! guess i'll have to see if i can change.
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gmanxiii
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PostPosted: 17:32 - 25 Jun 2007    Post subject: Reply with quote

Rookie, i just rang MCD about changing solicitors apparently theyve got a list of solicitors that are part of D.A.S. that you can choose from so its not "any" solicitor. Sad Think the woman was trying to say that basically the legal expense insurance taken out only covers so much and the ones on their list have basically agreed to charge XX amount for the work.
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T.C
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PostPosted: 22:07 - 25 Jun 2007    Post subject: Reply with quote

Gmanxiii wrote:
Rookie, i just rang MCD about changing solicitors apparently theyve got a list of solicitors that are part of D.A.S. that you can choose from so its not "any" solicitor. Sad Think the woman was trying to say that basically the legal expense insurance taken out only covers so much and the ones on their list have basically agreed to charge XX amount for the work.


LEI will for most people cover all legal costs, but if you feel that you cannot trust a panel solicitor, you have two options, either insist that they allow you to shoose your own legal representative, or go to the firm of your choosing and switch to a no win no fee agreement which is just as safe and cost effective (probably more so) than using LEI.

What they may not have told you either is that once proceedings have been issued, you are free to choose your own solicitor and the legal insurers MUST continue to cover you.

LEI solicitors often work for a fixed fee which is why insurers prefer to use them because they work onthe cheap and are usually reliant on the insurance work because they are crap in private practice Wink

Additionaly if a case is particularly difficult, and the firm you wish to use have a special expertise, then again they will not normally put up much of an argument.

At the end of the day you are the customer, and you do have the option to report the insurance company to the ombudsman and the law firm to the Law Society if they choose to mess you around.
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gmanxiii
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PostPosted: 22:17 - 25 Jun 2007    Post subject: Reply with quote

brill T.C i did not know that, guess they are trying to talk me out of it, telling me that they handle most of their cases, that the solicitor im handling my case is a senior and it'll take a month to pass the details over blah blah blah. thanks again Thumbs Up
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