Insurance Claim Question

[anthony_r6]

TL:DR version at the bottom.

Back Story

Towards the back end of August I was involved in a collision with a couple [read 3] cars. Just finished work, filtering between two lanes of slow/stationary traffic when a car in front of me pulled out from the left-hand side of the lane into the right-hand side of the lane to go around a taxi.

As soon as I saw she was coming out / going into the space I was trying to get through I jumped on the brakes, but knew I wasn't going to be able to stop in time. Tried to buy myself some time by positioning myself between her car and the car in the second lane (Stationary land rover) hoping that she would pull out fast enough that I'd avoid a collision.

This didn't happen and I found myself caught between the land rover and the Mini that pulled out on me, banging between 'em both before the Mini had traveled passed the land rover, after which I was afforded enough space to fall off the bike. The bike the slid a small amount, right into the back of an Audi that was stationary in front of the land rover, while I just hit the floor like a sack of spuds.

The police were on site quite quickly and I was breathalysed and had my story taken down. I explained what happened and all the other vehicle drivers gave their events too. As I was talking to the police my sister and aunt turned up and I left my sister with the bike while I went and asked a friend to recover it for me. When I got back everyone was gone, my sister said the police officer had told her there was an independent witness that saw it all.

A week later I was out when my dad phoned me to tell me the police where at my house. I spoke on the phone briefly with the police officer who asked how I was and such, inquired as to whether or not I would be claiming on my insurance. I explained I was trying to claim off the Mini for causing it. When I got home my dad told me the police officer (same one from the scene) had told him there was a witness who backed my version of events (as my sister said)

Fast forward to this week - I spoke to my insurance and was told that the excerpt police statement they had obtained was pointing the finger at me. Stating I clipped the back of the land rover, lost balance, hit the side of the land rover, then hit the audi and head-butted the mini on my way down... it had no mention of a witness.

The claim amount is going to be quite substantial due to all the cars hit and the claims of whiplash and other personal injuries, my insurance is suggesting somewhere in the region of 20grand. I've told my insurance about the witness (i didn't see this person or speak to them, or get any details) and asked they get the full report to check for them. They seem to be taking the police report as gospel, even though the other drivers wouldn't have known anything about it until I'd hit them.

Question : I'm now looking at a few months to get this all dealt with one way or the other. I was hoping it would be quite conclusive in my favour, but apparently not. If I fix my bike with parts I get from ebay and such, how will that effect the pay-out should this witness come through for me? Will they cover the parts cost though they're not from a deal/supplier?

Has anyone else been through something like this where the police report hasn't included everything the police themselves have mentioned, and won?

TL:DR Filtering went wrong, woman pulled out of the lane, I hit some cars. Supposedly a witness in my favour, no mention in the police report and now claim looks to be against me. Requesting insurance get full police report to find witness, but in the mean time if I fix my bike with second hand parts, will other party insurance cover it should I be proved correct??

Thanks guys

Anthony
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Ted : "Maybe he's agoraphobic."
Dougal : "Jack scared of fighting? I don't think so, Ted."

[mickie]

Why would there be claims for whiplash and other personal injuries if all the cars were stationary?

[anthony_r6]

[Joenitro]

You need to speak to a lawyer who deals with motorcycle related claims. Don't be fobbed off by your insurance company.

[Dave70]

In my experience, you'd be quicker claiming of your own insurance first and getting them to claim back off the other persons insurance.

Not sure what would happen if you bought parts of ebay yourself and fitted them as I'm sure your insurance company would want to send someone but to inspect the damage to your bike.

In my situations, my insurance have had my bike inspected and authorised the work to be carried out by a dealer within a week but, it took about three months to get the claim sorted and money back from the other persons insurance. You will also get your NCB back too, if you are found not at fault.

Hope this helps and hope all gets sorted ASAP

[Llama-Farmer]

Speak to motorcycle accident specialist lawyers.

There is absolutely no way someone in a car should be claiming for whiplash from a filtering accident.

Speak to the copper who you talked to before, and ask for the statement to be forwarded to your insurance company, and ask for details for your own records as well, ie name/number of the officer, and any reference numbers on any paperwork etc, which you can tell your insurance company too.


Just insist your insurance company does not accept liability and you are unprepared to accept it was your fault, particularly with an independent witness concurring with you.

[Pie-Roe]

With multiple cars and insurers, it could take many moons to sort out.

I don't know much about case law or how things go, but maybe you should have been filtering a bit slower.
You say you knew you weren't going to stop, and to buy yourself some time. That thought process to me means you were maybe 5 cars back filtering at a rather fast speed.
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[anthony_r6]

[arry]

Read your short version. In answer to query, yes - if it goes in your favour your costs in repair will be recoverable as the third party insurer is liable for them. Of course you will have to present your claim which is why i would either keep all damaged parts or take lots of photos, and keep receipts of every outlay

[Pie-Roe]

[covent.gardens]

[anthony_r6]

[Pie-Roe]

But you could have been doing 100mph and it would have been an apt speed until someone pulls out on you.

Regardless, I would not hold out much hope for the insurance.

Covent gardens, this is a different situation. If he was travelling at walking pace and a car changed direction the car would hit him side on, or he'd stop.

If it were me I'd fix the bike myself. Be aware though, without the claim being settled regardless of whether you are in the right or not, it goes down as a fault claim. I couldn't insure my x11 after being knocked off it for a year until liability was determined in my favour.
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[Llama-Farmer]