Slight issue with insurance - advice please?

[GTR1400]

Hey guys..

Got my first 125cc, CBT on L's, back in May last year..

Guy crashed into the back of me in October, bike has been off the road ever since (insurance not paid out yet - having to pay myself, and already had 2 bike garages fuck me over by not actually even sorting it).

So my insurance was paid annually back in May last year, taking me up to May of this year obviously.

The problem here is that I haven't actually been able to ride my bike since October due to this stupid claim..

Anybody have any idea on whether or not I'll be able to get some money back or money off next policy with them somehow?

I'm with Carole Nash if it makes any difference, and was on SD&P only..

Also is it right that they didn't offer a courtesy bike due to the fact that I wasn't commuting with my bike? I have no issues with not having the courtesy bike, and haven't closely inspected my documents, but would be nice if anybody can shed some light.

Any advice is appreciated, cheers .



TL;DR: Guy crashed into me in May, insurance messed about all the way until now, so not been able to use the bike. Can I get any sort of repayment through insurance due to not having the bike available for me to ride for the majority of my policy?

(y)

[yambabe]

Why aren't you claiming off HIS insurance?
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Sod falling in love, I wanna fall in chocolate.

[InkedBandito]

Hey mate,

You need to be claiming of the other guys insurance, all you should have to pay is your excess which you then should be re-imbursed after the claim has been settled, assuming your on fully comp?

The reason your not getting a courtesy bike could be that you didnt select one when you signed up for the insurance? If you have take a look through your papers and see if there are any terms on getting said courtesy vehicle.

I know that in our business we give out a courtesy vehicle no matter who is at fault aslong as an approved repairer is used.

The claim will be at fault no matter what until it is settled, if its a rear collision it will be hard for the other guy to claim it was your fault.

Did you get his insurance details?

[GTR1400]

I am claiming off of his insurance.

He hit me in the rear.

His insurance company have not admitted liability yet (I assume they cannot get hold of the guy).

I took all of his details, and the reason there hasn't been any payout is due to his insurance company refusing to cough up.

I've not had to pay any excess..

The solicitors used on my policy are awaiting an estimate from the garage that will be fixing my bike, they will then take that amount and file it through court for me to receive that amount.

Looks like I'm going to pay for it myself though whilst I wait on the court settlement to sort itself out :/.

[InkedBandito]

Its a pain in the arse mate,

These things can take an age to settle, especially if the guy is with some crappy insurance based in the bahamas or something (youll be amazed at how many people have that).

They should re-imburse you for the cost of all the repairs aslong as your checking in with nash before using mechanics, keep a paper trail just in case.

Ill find some more out for you over the next couple of days

[ninja_butler]

I hope you have protected No Claims on your policy, otherwise you are about to get stung by your insurer when you find out that accidents that are not your fault are still counted against you the same as if it was your fault.

[iooi]

[yambabe]

Get a better solicitor.

A rear-end accident with no injury should be straighforward - even if you were injured they should have admitted liability and paid out for your bike and gear long ago.
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Sod falling in love, I wanna fall in chocolate.

[junglejim]

[Kwaks]

[Paulington]

[scream aim fire]

[pendulum]

People do forget that going through the insurance company claims process is optional!

You can also do it on your terms, not theirs. If you've got a strong case, you can just file small claims court against the other driver. When he gets the court papers on the doormat and tells his insurance company, they usually pull their finger out. If it does go to court and you win, then the amount you get will be decided by the court and the driver/their insurer will have to pay it.

[Kwaks]

[quote="Paulington"
Not 'utter crap' at all.

When you have an accident that is non-fault and allows you to keep your NCB, when you declare it to your insurers when you next get insurance, the cost is likely to go up as even though it wasn't your fault, statistically you are more likely to have an accident if you've had a previous accident, so you are a higher risk.

Admittedly you won't lose your NCB if it's non fault, so protected NCB makes naff all difference, but there is a downside to having a non-fault accident.

As for a courtesy bike, my insurance is TPFT and I got one, had it within a week of informing my insurers of the non-fault accident. However, it wasn't a 'courtesy' bike, it was a hire bike and I had it for a while, ended up costing the other side £2800 for the bike's hire. Demand you want one.

Cheers![/quote]

When you have an accident your risk increases, therefore the cost of insurance increases. Your NCD is then applied to this new price, what is it that people don't understand about this?

Non Fault accidents are not treated the same as fault, however people seem to forget that insurance is requoted by insurers every year and they try to spread their risk across the board, and it seems that you are halfway to understanding the difference between a courtesy bike and a hired bike
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Fallen Angel "Nae sniffing my seat now!!!!! "
www.cliqueycuntsmcc.co.uk
I AM NOT A FAST RIDER!!!!!!!!!

[Rogerborg]

Ask arry or T.C about this, but as I understand it:

1. With hindsight, witnesses will make your life a lot easier. I agree that you should consider staying down and screaming for the blue lights.

2. If his insurers can't contact him, then it's your word against nobodies, and they need to get their finger out and stop stalling.

3. You can run your own case, but it likely won't be accepted as a small claim, which means some thieving parasite solicitor will get his cut for sending off a few form letters.

4. If you have legal cover and they're not helping you, then you have a FOS case against whomever sold you that cover.

5. However, you do not have to accept the bunch of useless ambulance chasers that your insurer sold your case to. If they're not helping, and you can document a strong case, then any other ambulance chaser will be happy to get a cut.
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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

[Pete.]

[GTR1400]

Thanks for all the replies guys.. just to clear a couple of things up:

I am on TPFT

I did not come off the bike.. it was a low-speed collision at traffic lights.. I was static as the car hit me in the rear at roughly 5-10mph.. jolted my bike forwards, but I remained on the bike.

Plan is to get on the phone to them on Friday (busy all day tomorrow).

So, what do you suggest I do? Here is my current situation regarding payout:

Bike is currently at a garage - They've been fucking me around with not offering an estimate for a while now - apparently they are struggling to get hold of parts

Solicitors are ready to push the case as soon as they receive an estimate (obviously I haven't received this yet, garage hasn't even found parts yet)

Insurance finishes within about 3 weeks, and honestly.. I was planning on being fully passed by now, and on a bigger bike, so wouldn't need to renew insurance.

--

Is it possible for me to get solicitors to push for an amount WITHOUT having an estimate?

If not, is it likely that the garage will give me some kind of estimate if I push them to, even without them getting hold of parts information?

Do I push for anything such as having time off of the bike?

--

Now this is something I'm highly considering:

Can I send off an estimate through my solicitors.. get them to send off for that amount.. but rather than using that garage with that estimate.. once I receive the money, just do what I want (AKA, fix the bike myself, or put the money towards a bigger bike when test is passed)?

Thanks for all this guys, much appreciated!

[Pete.]

Liam, what's the damage exactly.

The 3rd part's insurers should have sent an engineer around to assess the damage to your bike, since they will be paying for it. Your 'legal team' should have insisted on it.

It sounds like you've been let down by your claims manager. Get in touch with your insurer and make a complaint about them. Get on the phone to your claims team and get the name of the first person you talk to. Phone up every day, ask for that person and pester the shit out of them. You shouldn't have to be doing any leg-work if you've paid your legal fees premium.
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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

[iooi]

[GTR1400]

The damage to the bike is:

Left rear indicator has been knocked off, so I assume the entire panel holding both rear indicators would need replacing, as well as new indicators themselves.

L plate knocked clean off.

Small crack to the numberplate (is this still legal, or will it need replacing?)

Rear break light cover taken clean off.

--

Bike is: Derbi Senda Cross City 125

I'll upload some images from my phone that I took at the scene in a few minutes

[Pete.]

[Vincent]

With something like this, I would have asked whoever ran into the back of me for something like £50 to repair the damage rather than going through legal channels. Mind you, I'd probably want the driver to be prosecuted for "undue care" or "dangerous driving" so might ask for £500 instead.
Sounds like you need to get the bike out of that garage and to a decent one.

Whereabouts are you?

I would have thought you should be able to get all this advice and more from CN
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Space Is Deep

[iooi]

[GTR1400]

I know.. I was a little worried at the time though.. I hadn't long turned 17, and I'm hardly the best when it comes to knowing what to do in on-the-spot situations like that (blame Aspergers ).. so I done my fail-safe method of phoning mum who then sorted everything out regarding insurance.

Anyhow, I'll attach some images of the damage here:

[GTR1400]