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| MinhDinh |
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MinhDinh
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Joined: 01 Jan 2005
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 Posted: 16:47 - 13 Apr 2011  Post subject: Advice on my insurance case. Has to go to MIB... |
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Well in Sept, my parked bike was reversed into by a woman driver. I was in my work place but heard some commotion, and realsied what had happened.
She drove off, and I blocked her off at the lights. I got a fake number and name, but did get a pic of her license.
I did a price of how much it would be to fix, and the garage quoted just under a grand.
Now it appears that she was uninsured by 1 month. The people who are helping with my case said it has to go to the MIB who take a fee, and their costs will need to be taken out too.
I guess I will have to go through with it, but how does it affect my insurance going through the MIB? I assume the fees of the solicitors who are dealing with my case will be expensive!
Kinda sucks that I didn't call the police or something now to the scene.
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| MinhDinh |
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MinhDinh
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| Posted: 16:52 - 13 Apr 2011 Post subject: |
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I also need to get hold of the bloody number given to me by the police when I told them what had happened. I think I have lost it, and the solicitors would like it. Oh Oh!
I guess even if I get charge a load of fees, I stop get some money. I just hope that it doesn't go on as a claim.
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| anthony_r6 |
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anthony_r6
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| strag |
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strag
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| Pete. |
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Pete.
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| Posted: 17:58 - 13 Apr 2011 Post subject: |
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If you sufer a loss by way of a fee you could claim that back from the woman personally. She is responsible for all of your losses.
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a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good  |
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| Rogerborg |
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Rogerborg
nimbA
Joined: 26 Oct 2010
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| Posted: 18:31 - 13 Apr 2011 Post subject: |
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If you have her details, skip all this MIB bollocks and start a County Court small claim against her. Insurance is an irrelevance: she wrecked your bike, she pays for it.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| multijoy |
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multijoy
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| Posted: 21:08 - 13 Apr 2011 Post subject: |
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| Rogerborg wrote: | If you have her details, skip all this MIB bollocks and start a County Court small claim against her. Insurance is an irrelevance: she wrecked your bike, she pays for it. |
Problem there is that if she's skimping on the insurance, chances are you'll spend a fortune attempting to recover a judgement against her. Additionally, whilst you may start on the small claims track, there is a very real chance that it may end up as a full county court case. Note that this isn't a simple breach of contract so additional complications may occur.
Also, the courts will expect you to have tried to settle prior to the court action. So you'll need to write a 'letter before action' laying out the case before you go any further.
Personally, I'd do the following:
1) Report the incident to the police. She's driving uninsured, make it a criminal matter (although I note you've lost your crime reference number, so I assume you've already done so?). If the fact that she's uninsured and she gave you fake details came to light after the report, go back and point this out.
2) Speak to one of the many fine solicitor outfits in the back of MCN/bike magazine du jour (quick, before Ken outlaws conditional fee arrangements!). I like dealing with sorrymate, but it's all much of a muchness. They can take over from anyone who's already been appointed (sounds like your insurer has appointed a claims handler?)
3) You could go straight to MIB unrepresented- I've had no dealings with them, but I understand it's fairly straightforward. Forms here, or with a solicitor (who probably has an account!), but they may be reluctant to take it on. (Or not, MoJ have introduced a whole raft of measures to control costs which means they may prefer lots of easy cases over one big one).
____________________
'11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on. |
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| Rogerborg |
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Rogerborg
nimbA
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| Posted: 22:03 - 13 Apr 2011 Post subject: |
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Urgh. The claim is under a grand, and it's as simple as: she smashed up my bike, here's the evidence, the dozy cow hasn't showed up (and she won't), so I'll be having my verdict, thanks. That's exactly what small claims is for.
Point taken about the difficulty of collecting, but why the fudge should we all pay extra on our policies to pay for uninsured drivers when injured parties can at least try to collect from them directly? It's over £600 and under £5000 so you can get a warrant of execution from County Court, and at least have the satisfaction of having a bailiff sent round to bang on her door and shout "Pay up, malfeasant!" or similar through her letterbox.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| sickpup |
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sickpup
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Joined: 21 Apr 2004
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| multijoy |
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multijoy
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| Posted: 13:08 - 14 Apr 2011 Post subject: |
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| Rogerborg wrote: | Urgh. The claim is under a grand, and it's as simple as: she smashed up my bike, here's the evidence, the dozy cow hasn't showed up (and she won't), so I'll be having my verdict, thanks. That's exactly what small claims is for. |
Not until you've made an attempt to settle. You don't get to use the courts as a first resort- the case will be thrown out unless it can be demonstrated that you've done that first.
Most household policies come with legal cover as standard, there is always a chance that she may simply lawyer up, in which case the OP might have a fight on their hands, especially:
| Quote: | Well in Sept, my parked bike was reversed into by a woman driver. I was in my work place but heard some commotion, and realsied what had happened. |
If she's got half a clue, the first question to leave her lips should be 'prove it'.
In which case, it's time to gather witness statements, all of which will need to be provided to the other party. If they turn out that they're all colleagues, then that alone might be enough to cast doubt on the veracity of them, especially if they've been collected this long after the fact.
Unless the OP can stand up and say "I saw this vehicle hit my bike", then it starts to get tricky. Whilst LIP's have represented themselves and won on cases a million times more complex than this, it isn't enough to stand in court and simply accuse someone of knocking over the bike unless you've got some evidence to prove it.
Even if the other party doesn't show, you've still got to convince hizonner that the evidence is there- note that you don't just get a default win because the other party failed to show, otherwise I'd be making a fortune as a serial litigant.
With the MIB, the standard of proof is whatever they think it is but, they tend to go for the quiet life- settle low, but settle quickly.
____________________
'11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on. |
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Old Thread Alert!
The last post was made 14 years, 286 days ago. Instead of replying here, would creating a new thread be more useful? |
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