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Insurance claim (not got a clue what i have to do)

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tutton
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PostPosted: 13:22 - 08 Jul 2011    Post subject: Insurance claim (not got a clue what i have to do) Reply with quote
Sorry if this has been covered before but i shall start
9.45pm last night coming upto a T junction indicating right i slow to a stop as cars are going past, A renault clio is coming upto the junction seemingly still quite fast in my mirrors then bang, she rear ends me and throws me off.

Bike damage lies at R&G bent up (looks to have mullared the engine mount finally) RHS fairing cracked all around bung and gravel rashed at bottom, rear brake lever snapped off, exhaust smashed open on the bottom half, decieded to ride it home seems like the motor is very noisy as well, think it may have ran on its side for a good 10-15 seconds. also feels like the swingarm isnt going with the bike anymore but dosnt look visibly bent. bike in question is a 2002 zx6r a1p so only worth around 2000-2500ish.
Helmet touched the ground etc too.

Got a independant witness, got the drivers details etc and said i would think about what to do as she wanted to go private when i didnt. So ive phoned up my insurance company which is ebike (monthly insurance only 2 weeks into a policy lol) and have told them the details of the accident the claims rep on phone said it should be open and closed as it is in no way my fault, he said he is going to pass my details on to their solicitors and personal injury team.

Now what i need to know is there anything else i need to do, do i need to get prices of everything together or autotrader adverts etc? how long should i wait before i expect to hear back from ebikes insurers?

Help much appreciated, have never been crashed into before, im ususally the one crashing Laughing
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2 wheels please
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PostPosted: 13:28 - 08 Jul 2011    Post subject: Reply with quote
Well as the accident wasnt your fault i wouldnt worry about it at all, If youve contacted the insurance company any they say they will handle it they will probably contact her insurance company and file for a disbursment basically pay out to you, Before they accept it they will probably contact you again and let you no, If you were injured bad "Milk it" in my oppinion because it doesnt effect your no claims.


Anyways people may frown upon my oppinion but ive been in a accident and it wasnt my fault and i was paid out a pretty penny for it. It will also teach the driver a lesson to be more carful because there insurance will go up.

Hope this helped.
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multijoy
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PostPosted: 13:37 - 08 Jul 2011    Post subject: Reply with quote
I'm always a little wary of panel solicitors, especially as they've probably paid a referral fee to ebike.

At this stage, there is nothing you should be needing to do, but I would hope that the solicitors would be onto you pretty sharpish.

If they're not, go somewhere else - flick through the back of 'Bike' or MCN, plenty of solicitors in there, some offering some incentive to you to go with them (as it'll be cheaper than referral fees they'd have to pay to the insurers otherwise!). Also do this if you end up being contacted by a 'claims management firm', as they're mostly crooks.

You do not have to use the solicitors your insurers appoint and you can appoint your own at any time you like.
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tutton
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PostPosted: 13:44 - 08 Jul 2011    Post subject: Reply with quote
I am going for personal injury as she did hit me with quite a whollop and my shoulders and neck ache a fair bit been to the hospital already and been told i have soft tissue damage/whiplash.

I reported the claim this morning at roughly 10/11 oclock, as of yet i have heard nothing back from anyone? there was a company on here before i think that specialised in helping with claims cant find it yet tho still searching might fire them off a call in a minute.
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calyx
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PostPosted: 14:12 - 08 Jul 2011    Post subject: Reply with quote
tutton wrote:
there was a company on here before i think that specialised in helping with claims cant find it yet tho still searching might fire them off a call in a minute.


BLD?
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tutton
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PostPosted: 14:50 - 08 Jul 2011    Post subject: Reply with quote
Yeah seems to be the one i found ina post somewhere.
Have got hold of insurance again reason i havnt heard from anyone yet is the people handling the claim are 4th dimension as they specialise in the bike repairs im told, but their email systems have been down most of the day.
Just phoned the people who are doing the personal injury and my details arnt on their system yet either, there was me expecting to have a insurance assessor out today telling me whether its written off or not Laughing
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T.C
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PostPosted: 14:55 - 08 Jul 2011    Post subject: Reply with quote
multijoy wrote:
I'm always a little wary of panel solicitors, especially as they've probably paid a referral fee to ebike.


You are 100% right there Thumbs Up

Panel firms appointed by insurers usually undervalue claims big time as you will simply be joining one of their conveyor belts and very rarely will you get a solicitor dealing with your case, but usually a legal exec.

If you use a claims management firm, you could end up with a massive bill, and remember there has been a lot of talk and comment about claims management firms over the past couple of weeks (of which BLD is one) because of them selling their cases onto the highest bidder.

But the biggest issue is that the likes of BLD often screw up the case and the evidence before it even gets to the solicitor.

I am having to sort out one of their screw ups at the moment.

Although I wrote this piece for my magazine article about 2 years ago, it is still relevant

It is an unfortunate fact of life, but as members of the human race, every time we step out of our front door, whether it be as a driver/rider, as a pedestrian or at work, we run the risk of being injured quite often through no fault of our own. Accidents will happen. It has been known for someone simply sitting at a desk looking at a computer screen all day can cause injury.

But it is knowing who to turn to after an accident has occurred that seems to cause people much anxiety. If you think that someone or some organisation may be at fault how can you bring a claim?

Many people are deterred from going to a solicitor after an accident because they imagine that he/she will try and tie them up in legal jargon, official red tape and charge them a fortune for the privilege. Times are changing though and many solicitors are now living in the 21st rather than the 19th century. The way the public are treated now is very different to a few years ago.

This article will attempt to explain why a solicitor is the best person to turn to for help after an accident (and who is not the best), what information the solicitor will need to be able to assist you, and the procedure that will be used to try and win you proper compensation.

Who not to use? Over the past few years a number of “accident management” firms have sprung up around the country. So many in fact that you start to lose track of them all. They all sound the same. And they promise big results for an injured person and spend large sums on TV and other advertising. These are not cheap and have to be recovered somewhere. Guess who from?

The problem with these types of organisation is that in the main they are nothing more than unqualified agents working for an insurance commission or a referral fee. It is not unknown for an injured person to be referred by these organisations to a solicitor who has little or inadequate experience in the field of personal injury. Then come the scams. Some accident management firms have been known to advise the hiring of a replacement vehicle after a road traffic accident only for the claimant to be confronted with a massive debt at the conclusion of the case because the hire vehicle charges were forgotten in the final claim, or couldn’t be recovered from the insurance company. And surprise surprise, they get a kick back from the company concerned. At your expense.

These problems have been particularly noticeable in motorcycle accident cases. For some reason they always seem to get the worst deal!

A solicitor is the best person to turn to, but who to choose? Not all solicitors are the same. How do you know?

Make sure that the solicitor you choose is a member of the Law Society’s specialist personal injury panel. Ask them! This panel is carefully vetted by the Law Society for the appropriate experience. If they are not on it, don’t use them. They should at the very least belong to The Association of Personal Injury Lawyers or the College of Personal Injury Law, ideally they may also be members of the Spinal Injuries Association specialist panel (important if you have suffered injury to the spine), the Motor Accident Solicitors Society or the Headway Specialist Panel (sadly bikers for example risk head injury more than motorists) to name but a few. So don’t be afraid to ask what associations the solicitors belong to, what was their biggest award for a similar claim, what experience do they have in the area you wish to claim. If they are genuine, they will be happy to supply this information.

Many solicitors work on a “no win, no fee” basis so should you be unfortunate enough to lose your case, then there will be no hidden surprises waiting round the corner. If they are not, don’t use them. They should be putting their money where their mouth is and not get paid if they don’t win your case for you.

Watch deductions if you do win. Some might be unavoidable (the law is being clarified about insurance for example at the present time), but others come from taking out excessive insurance or loans that you don’t need. These are often schemes to get money out of you that you don’t need to spend. Look at the huge problems the clients of one claims management company had a few years ago which was highlighted in BBC’s Watchdog programme and by The Sun (“Shames Direct”).

Some fences have been mended but for my money these organisations are best avoided.

Most importantly, a solicitor can advise you as to whether your claim is worth pursuing in the first place. What is the point of spending hours on a claim, waiting for months to sort it out only to get a pittance at the end of the day? Or where the only winner is the claims management company?

So having decided to appoint a specialist solicitor to fight your case, what can you do to ease the claims process?

Well firstly, by providing as much information as you can, such as times, dates, exact locations and the details of any independent witnesses.

Photographs are always a good source of information even some weeks after the event, as they can give your solicitor a good understanding of the location and its geography. If you are photographing a rut or hole in the road (or similar), give a scale by putting a 12” ruler alongside.

Write down as much detail as you can as soon after the event as possible. As time passes, the memory tends to fade, and some important factors may be forgotten.

If you are unable to write yourself (in hospital maybe) then ask someone to write it down for you. The solicitor should come out and see you in hospital so this should not be a problem.

Remember that it is far better to have too much information, than not enough.

Keep a copy of all relevant documents, letters or instructions you may have received. Paperwork can often throw up extra information that may be beneficial.

Pass on all correspondence from other parties, for example insurance company letters, letters from the Police or from the third party. Do not enter into correspondence yourself as you may say something which can be later used against you.

Keep a record of any expenditure you may incur. Telephone calls, travelling costs, postage, repair estimates and any other out of pocket expenses are all claimable. The better the record, the less likely the claim will be disputed.

If the police have been involved, for example at the scene of a Road Traffic Accident, then make a note of their name, number and station and if possible a contact number. Most attending policemen will be sympathetic.

Keep all your previous payslips. If you have been off work for some time as a result of your injuries, then you will need to prove loss of earnings, and your payslips will do this for you.

Be patient. Some claims can take years to settle if there is serious injury involved. On the other hand if you have made as full a recovery as you are going to, the delay should not be significant, although 1 year as a minimum from the date the claim procedure commences is not unreasonable. Some solicitors are more efficient than others in this area. Try to get a recommendation as this is usually the best way to find out.

So how will your solicitor start going about making the claim for you?

Well there are two different ways. One is that you complete a simple questionnaire about the accident and the subsequent injuries. This document will then be assessed by your solicitor who will make a decision as to whether the claim is worth pursuing. The other way is for the solicitor to conduct a personal interview or consultation (make sure there is no charge) where he/she will ask you all the relevant questions and then make a decision based on the answers provided. If you are local to the solicitor, a meeting at the solicitors office is a good idea as you can assess whether you can put your trust both in the firm (what are the offices like for example?) and the individual. Of course if you are housebound you will not be able to do this but your solicitor should come to you in these circumstances.

One of the first things that will be looked at is how long ago the accident happened. If it was over 3 years ago there could be a problem as generally you must bring a claim within this period. This is called the statute of limitation and proceedings must be commenced within 3 years from date of injury or date of knowledge whichever is the sooner. This does not apply to children or people who are incapable of managing their own affairs, for example people suffering from a brain injury.

Once it has been decided to pursue the claim, the solicitor will write to the third party holding them responsible for the accident. In most cases this letter will be passed on to their insurance company who will then act on behalf of the person being held liable. Any future correspondence will then be conducted between the solicitor and the insurance company or the insurance companies appointed solicitor. You don’t get involved and are spared any hassle.

If an official such as a police officer has prepared a report, then the solicitor will pay a fee and a copy of the report will be obtained, but this will not be released until the file has been closed and the investigation completed which can take several months. Known independent witnesses will also be contacted and asked to make a statement. The most important issue is to find out what caused the accident. This is where the accident investigator comes in. Some solicitors firms have these (very useful!) people in house. Ask! Often they will be ex traffic police themselves so will speak the same language as the attending officers and will have a massive amount of first hand accident attendance and reconstruction experience.

You will need to be examined by a doctor so that the level of injury or disability can be assessed. This will generally only take place once your symptoms have settled.

After all the evidence has been gathered, your solicitor will then start to negotiate for an admission of liability and a settlement. In some cases where the facts cannot be disputed (although many insurance companies still try!) the question of liability is often admitted, but like all businesses, the insurance company will want to minimise the expense and will therefore fight tooth and nail to limit the amount they pay out. Where liability is contested, your solicitor will try and bring pressure to bear and resolve the matter. Unfortunately though, some cases (actually very few) end up in Court where a judge will decide who is liable, and will decide what the value of the injury is. This is where your solicitor can really earn his corn by preparing and presenting your claim in a knowledgeable, professional and efficient manner.

Some cases can take years to settle particularly where there have been serious injuries. If the case is settled too quickly then the level of compensation may not reflect potential medical problems that may occur later on in life. For example a broken bone which heals seemingly without complication as a young person, may lead to more serious problems like arthritis later on. Your solicitor should be able to advise you how long the matter will take to resolve. If there is going to be a delay but liability is admitted, the solicitor will obtain an “interim payment” for you to ensure that you are not financially disadvantaged pending settlement of the claim.

So should you be unfortunate enough to be injured as a result of any type of accident, whether it be at work, on the road or in any case where blame may be apportioned, then think of your specialist solicitor as the 5th emergency service. In a changing world they really are there to help.

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T.C
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PostPosted: 14:58 - 08 Jul 2011    Post subject: Reply with quote
I should add, if you want any professional advice, feel free to PM me.

Being rear ended is an absolute so the third party cannot fail to accept liability (although they try) so your case will be fairly straightfoward.

However, do not expect the injury aspect of your claim to be settled overnight, if whatever solicitor you use is doing their job properly, then you will be looking at around 18 months for settlement provided there are no complications.
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Bike Bunker
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PostPosted: 15:15 - 08 Jul 2011    Post subject: Reply with quote
Havnt read the thread fully.

Im also in the middle of claiming an accident which was not my fault.

First of all claim for all your gear get photo's and find prices on line and print screen it. I made a portfolio almost of all my gear and racked up about 600 when i only paid around 200!

Also you bike was in mint condition before dont forget to mention that when a engineer comes round. Do not talk to her insurance!!! if they ring make out your barley alive! go with ebikes soliciters!
not to sure about your injury claim as i havnt yet seen my privite doctor about it got my apointment on the 20th. Make sure you see a gp and attended regular apointments ect.

Just make it out like everything you had was mint , new , hard to get ,hardley used ect. Also do not take any money off her or her insurance!!! take your soliciters advice!!


So far i havnt had a qoute for my injuries but only had whiplash for around a month so far. my gear has valued at around 600 and my travel expense is continuing to rack up as i was too injured to do my 'life saver' on a curtesy bike.

My bike was valued at 2000 and was cat C and is now only worth 200 according to them (bent forks, panel damage,rear sub frame bent) oh and it had a new paint job just a month before.

they have offered me 1800 and i get to keep the bike so far. Claim for all you can!!! dont hesitate!!

and enjoy!!! be happy this has happened to you!!! Thumbs Up
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Rogerborg
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PostPosted: 15:37 - 08 Jul 2011    Post subject: Reply with quote
I heard a[1] good report of www.sorrymate.com and now carry a card at all times.

Sorry to hear about your accident - that's the one scenario that really bothers me. Bit belated, but next time you'll want an ambulance at the scene - you're not in a fit state to determine how injured you are or aren't - which will get Plod involved and hopefully get the dozy cager done for Due Care and Attention.

[1] "a" means "one". Anecdote is not legal advice. Your experience may differ. Enhanced in post production.
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Last edited by Rogerborg on 15:40 - 08 Jul 2011; edited 1 time in total
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T.C
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PostPosted: 15:39 - 08 Jul 2011    Post subject: Reply with quote
Rogerborg wrote:
I heard a[1] good report of www.sorrymate.com and now carry a card at all times.



You have heard better things from this firm than I have seen then. I hope you never have to use them.
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Rogerborg
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PostPosted: 15:41 - 08 Jul 2011    Post subject: Reply with quote
Thing, singular.

Suggest someone better then, we're all ears.
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multijoy
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PostPosted: 15:48 - 08 Jul 2011    Post subject: Reply with quote
In fairness, I've got an ongoing case with them, and they've dealt with two prior of mine (don't ask!).

My only gripe is that the medics they're using seem to take longer than the NHS!

Obviously this only my experience - there are plenty of other firms out there. I won't say they've been stellar (but in legal services, what counts as stellar? Free pens? Tickets to a lap dance club?), but I'm quite content that they're competent. Big bonus is that the solicitors I've been dealing with know how to use email, which is handy.

Then again, my boss has the ear to the editor of The Lawyer, which is always a big stick if I'm unhappy with a law firm Wink
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duhawkz
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PostPosted: 16:12 - 08 Jul 2011    Post subject: Reply with quote
I think T.C's article should be made in to a sticky

Its a very useful piece of information Thumbs Up
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T.C
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PostPosted: 16:18 - 08 Jul 2011    Post subject: Reply with quote
multijoy wrote:
In fairness, I've got an ongoing case with them, and they've dealt with two prior of mine (don't ask!).

My only gripe is that the medics they're using seem to take longer than the NHS!

Obviously this only my experience - there are plenty of other firms out there. I won't say they've been stellar (but in legal services, what counts as stellar? Free pens? Tickets to a lap dance club?), but I'm quite content that they're competent. Big bonus is that the solicitors I've been dealing with know how to use email, which is handy.

Then again, my boss has the ear to the editor of The Lawyer, which is always a big stick if I'm unhappy with a law firm Wink


It is all subjective.

Some people will be very happy with the service they receive regardless of their reputation, others won't. You can please some of the people some of the time but you can't please all the people all of the time.

Which is why a word of mouth recommendation is always the best form of advertising.

The biggest issue with claims management firms is that unlike law firms they are to a large degree unregulated (even though they are supposed to be and they are supposed to be checked), and the fact that a lot of fly by night AM firms spring up, get off a few cash for crash scam claims and then vanish.

Currently, one of the biggest accident management firms is selling off cases for £900 a pop regardless of value of the quantum (value of the injury), and one of the big insurers is selling off cases at £1500 a pop, and this is even before it has been decided that there is a case.

And people wonder why our premiums are going up?
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multijoy
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PostPosted: 16:27 - 08 Jul 2011    Post subject: Reply with quote
T.C wrote:

Currently, one of the biggest accident management firms is selling off cases for £900 a pop regardless of value of the quantum (value of the injury), and one of the big insurers is selling off cases at £1500 a pop, and this is even before it has been decided that there is a case.

And people wonder why our premiums are going up?



I agree entirely with you! Claim/accident management firms are chancers, plain and simple.

Whether the introduction of ABSs will make this better or worse is a different matter entirely, but the outlawing of referral fees is the only way to go.

The insurers would argue that the selling of claims recoups some of their costs and keeps premiums down, but the CMF's don't have a leg to stand on and we'd be happier without them
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tutton
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PostPosted: 18:32 - 08 Jul 2011    Post subject: Reply with quote
Right, ive been reading the documents im sposed to sign for new law solicitors (the people ebike put me on to and some of it sounds like it aint no win no fee).
So going to see if i can get hold of pardoes solicitors who have been around since i was young and get them to do it on no win no fee if they will, hopefully more likely in my intrest, shall start compiling my losses etc as well.
cheers for the help so far
still no word about an assessor coming to look at it or anything from my insurance company or the tps insurance as of yet only personal injury..
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yambabe
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PostPosted: 20:49 - 08 Jul 2011    Post subject: Reply with quote
My friend works for White Dalton.

https://www.whitedalton.co.uk/

They might be able to help. Ask for Clare if you call. Thumbs Up
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Bike Bunker
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PostPosted: 20:57 - 08 Jul 2011    Post subject: Reply with quote
Heres my thread on my claim updated as soon as i am updated via soliciters.


https://www.bikechatforums.com/viewtopic.php?t=222064

Just post any questions on there will be happy to help if i can Thumbs Up
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Rogerborg
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PostPosted: 21:57 - 08 Jul 2011    Post subject: Reply with quote
T.C wrote:
Which is why a word of mouth recommendation is always the best form of advertising.


Absolutely. So, can you recommend a good outfit?
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T.C
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PostPosted: 22:27 - 08 Jul 2011    Post subject: Reply with quote
Rogerborg wrote:
T.C wrote:
Which is why a word of mouth recommendation is always the best form of advertising.


Absolutely. So, can you recommend a good outfit?


Yes I can, but I won't because I would be deemed to be seen as ambulance chasing
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T.C
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PostPosted: 22:33 - 08 Jul 2011    Post subject: Reply with quote
tutton wrote:
Right, ive been reading the documents im sposed to sign for new law solicitors (the people ebike put me on to and some of it sounds like it aint no win no fee).


All they have probably done is outline the circumstances under which you could be given an invoice which is standard practice under a conditional fee agreement (no win no fee)

If you mislead your solicitors in that the injuries turn out not to be as serious as you would have then believe

Or

If you terminate instructions to your solicitor before they have had the oportunity to recover their costs.

That does not preclude you from instructing new solicitors as the new firm would sign an undertaking to pay the old firms reasonable costs at the conclusion of the case, but the two reasons listed are the only occasions when the client is likely to be given a bill which to be honest does not happen that often.

Read the agreement again and you will probably find in the client care letter that is what it says.
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Bike Bunker
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PostPosted: 22:35 - 08 Jul 2011    Post subject: Reply with quote
Becuase the creash wasnt your fault, if the other party admitts full liability...the 3rd party will have to pay for your soliciter fee's Very Happy
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tutton
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PostPosted: 18:06 - 10 Jul 2011    Post subject: Reply with quote
still heard nothing from my insurer since notifying and nothing from 4th dimension or from the other partys insurer, perhaps ill get contact by monday but who knows?
the personal injury solicitor who rang me up on behalf of the insurance wanted me to sign their contract but i havnt yet as it seems they charge alot, so going to go to a solicitors in town tommorow and see if they can help me out.
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Past: '05 Peugeot XPS '99 Aprillia RS125 '94 FZR600R
Current: '02 ZX636 A1P '51 CCM R30
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Pete.
Super Spammer



Joined: 22 Aug 2006
Karma :
PostPosted: 18:29 - 10 Jul 2011    Post subject: Reply with quote
tutton wrote:
still heard nothing from my insurer since notifying and nothing from 4th dimension or from the other partys insurer, perhaps ill get contact by monday but who knows?
the personal injury solicitor who rang me up on behalf of the insurance wanted me to sign their contract but i havnt yet as it seems they charge alot, so going to go to a solicitors in town tommorow and see if they can help me out.


Be wary of any claims solicitor contacting you by phone. Your insurance company will send you a letter telling you who they appoint if you have paid your loss recovery subsidy through them - you don't have to use the one they organise but you're entering a minefield if you find one without doing some heavy-duty research.

Another good reason for using the insurer-appointed one is that by taking your fee they are associating themselves with that company and that should offer you a small amount of protection from dodgy practice. If you just sign up to a random company then you get none of that.

My filtering claim is about to be settled in my favour and it's been dealt with by New Law solicitors of Cardiff. If it helps any at all I've found them to be quite efficient and dilligent and they have always responded to my emails promptly.

My advice to anyone who has a non-fault accident and is relatively un-hurt is this:

1. Get a witness
2. Don't move anything and take photos
3. Call the police
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132.9mph off and walked away. Gear is good, gear is good, gear is very very good Very Happy
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