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Insurance claim *advice needed maybe*

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killa
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Joined: 18 Oct 2004
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PostPosted: 11:30 - 04 Feb 2008    Post subject: Insurance claim *advice needed maybe* Reply with quote

So back in October 07’ some bint in the back of a taxi opened the door and I smashed into it.

Only me hurt, two witnesses, both in my favour.

It’s February now and so far I’ve had the hire bike, given it back and now we are still waiting for them to admit liability.
The driver of the taxi knows the girl travelling in the back, he was giving her a lift somewhere.
His insurers are not admitting liability. They have now had both witness statements which I have seen and they match up to mine almost perfectly, including the sketches of the scene. One guy (a biker) saw everything and helped me at the scene, he even logged the conversations between the three of us.
I had my medical on the 17th of Jan, they will be receiving the report very soon. What I want to know is, is this common? I mean I’ve been through this before and it rolled on quicker even though there was confusion as to whose fault it was. This time it’s obvious.
So they have 2 witness reports, my report and my medical coming through.
I called today as I’ve had no update since the statements went over to the 3rd party, why they are wanting to battle this is any ones guess really.
I think his insurers have asked for a statement from the girl, she opened the car door on the drivers side without looking, no idea what she could say to defend that, but I’m sure as she knows the taxi driver, it’ll be bullshit city. Possibly saying she is mentally unstable or something.lol

I can’t really see there’s anything more I could do. I think my solicitor said they have until 20th of February before court action…I would prefer if it didn’t got there but it is odd why they’d stick it out until then.
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Finglonga
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PostPosted: 11:40 - 04 Feb 2008    Post subject: Reply with quote

I don't want to put a downer on you but a mate did the same and he lost the claim as it was said he was travelling to close to the traffic. He should have left room for any cars door that may have opened on him they said. Confused

Good luck.
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rblanch
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PostPosted: 11:55 - 04 Feb 2008    Post subject: Reply with quote

Finglonga wrote:
I don't want to put a downer on you but a mate did the same and he lost the claim as it was said he was travelling to close to the traffic. He should have left room for any cars door that may have opened on him they said. Confused

Good luck.


i am affraid that is probably what will come back, especially as it was a taxi and there is a good chance someone would be getting out of it.

I do hope you win the case though good luck matey Praying
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iooi
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PostPosted: 11:58 - 04 Feb 2008    Post subject: Reply with quote

Could be a interesting one, as if she was not a fare paying passanger, then his taxi insurance could be invalid.
Was it private hire or black cab ?
Maybe have a quiet word with this driver's cab co and see if the fare was logged, if he's private hire. If he is then i'm sure his co will not be best pleased if he's offering free lifts while on duty.... If not then you need to be pushing him to resolve this or you will take it further to the taxi dept at council, could end up losing his taxi licence if he has picked her up when he should not have done.
Her mental state would not come into this.
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killa
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PostPosted: 13:59 - 04 Feb 2008    Post subject: Reply with quote

The traffic was crawling speed, and stopping occasionally. She was going to get out on the drivers side, into the middle of the road. The car door fully open is quite a length, it was a Honda Accord, so they are large doors.

I know thats not the point, but this really shouldn't be so complicated. If he was doing something wrong, giving her a free ride etc...thats nothing to do with me. Liability is her's, she opened it into the road without looking.

Confused
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woo
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PostPosted: 14:11 - 04 Feb 2008    Post subject: Reply with quote

mate give your case over to rider support services, call them 020 8246 4900 or check the website
https://www.ridersupport.com/templates/holding.asp?ParamReload=true&PageId=103

Dont listen to these guys saying you wont get anything cos if u have some twat fighting your case then these guys will be right and you will lose.

I have had 3 cases won with these guys make sure you call them and speak to them, cos you can even give them the case even if your insurance has already started precedings as they have done
!!!

CALL THEM !!
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killa
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PostPosted: 14:18 - 04 Feb 2008    Post subject: Reply with quote

woo wrote:
mate give your case over to rider support services, call them 020 8246 4900 or check the website
https://www.ridersupport.com/templates/holding.asp?ParamReload=true&PageId=103

Dont listen to these guys saying you wont get anything cos if u have some twat fighting your case then these guys will be right and you will lose.

I have had 3 cases won with these guys make sure you call them and speak to them, cos you can even give them the case even if your insurance has already started proceedings as they have done


Thanks for that Woo.
Although what would worry me about this is that the solicitors on my side would have to do a lot of work.
They would need all information about the case, the statements, reports, contact details etc etc….and I don’t trust them to do all that for me.
This is just assumptions though, im sure you can understand I wouldn’t be too keen to change to Rider support at such a late stage.

Personally I think they are delaying, there is a lot of evidence that supports my claim and as with any case, the 3rd part doesn’t want to loose out.
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iooi
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PostPosted: 14:46 - 04 Feb 2008    Post subject: Reply with quote

Quote:
I know thats not the point, but this really shouldn't be so complicated. If he was doing something wrong, giving her a free ride etc...thats nothing to do with me. Liability is her's, she opened it into the road without looking.


Sure shouldn't be. But as we all know ins co's are always looking at a way to avoid a payout.
But if he was supposed to be working and she was a non fare paying passanger then the ins co could argue that this is not covered under their policy. It could be its not his car, just rented from the taxi co, or shared between a few drivers.
Also as driver you are responsable for your passenger's actions, so the claim is against him, not her. If he/his ins co wishes to reclaim the loss from her then thats his/their problem, not yours.
Your claim is against his ins co, no one else.

Sounds like you guys are on the case.
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killa
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PostPosted: 17:01 - 04 Feb 2008    Post subject: Reply with quote

There seems to be a lot that could go wrong, or it could end up being smooth once they admit she was being a div.
It's hard to tell exactly what they're up to, so im a bit aprehensive. Sad
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