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Hulp! Claiming on car driver's insurance for RTC

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alexlawriewoo...
Borekit Bruiser



Joined: 14 Jan 2013
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PostPosted: 11:04 - 15 Apr 2013    Post subject: Hulp! Claiming on car driver's insurance for RTC Reply with quote

Okay, ladies and gents, could use some advice. Eight weeks ago, I was cycling home in fairly busy traffic. The lane splits into two, I move into the (empty) right-hand turn lane as the straight-ahead lane sits busy and waiting at red lights. Guy pulls out of the middle of the said queue straight across me, knocks me off. Diagram here, sorry it's not Paint.

Anyway, I've been quoted £140 for fixing up the bike. The guy's not been particularly forthcoming and made vague accusations of my having been in 'the wrong lane' and 'not having lights' (not true). Got a detailed witness statement completely backing me from a car just behind us.

Now, where do I go from here? Do I just ring up his insurance company and say "give me some money please"? I've spoken to a free-advice kind of solicitor in a clinic at work, and he said that I'd be best off dealing with the insurers directly as hiring a solicitor would be a write-off. Reckon that'll work? Very much appreciate any advice.
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Yamaha RXS100 [returned to mate], 1982 Honda CM125 [stolen], 1982 Suzuki GS850G
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 11:09 - 15 Apr 2013    Post subject: Re: Hulp! Claiming on car driver's insurance for RTC Reply with quote

Yes, just contact their insurance company and you should be advised as to what you need to do.
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arry
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Joined: 03 Jan 2009
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PostPosted: 12:37 - 15 Apr 2013    Post subject: Reply with quote

Assuming no personal injury - I'd contact the third party insurers directly and explain that you've been in a collision with their insured whilst on a push bike for which you believe their insured is at fault for, and have incurred damages of £140 repairing your bike. They will likely ask you to fill in one of their accident report forms, of which you can then submit complete with your paint sketch, witness statements, pics, quote for repair etc. Generally speaking, for that sort of money, they'll be fairly quick about it as long as the insured has actually reported the incident and as long as he is cooperative.

If he's not cooperative and hasn't reported it, then you'll have to wait a while whilst the insurer gets a response from their insured, but eventually they'll just settle to you if he fails to respond, on the strength of the witness reports.
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alexlawriewoo...
Borekit Bruiser



Joined: 14 Jan 2013
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PostPosted: 13:30 - 15 Apr 2013    Post subject: Reply with quote

Cheers both, I'm glad it should be that easy. I couldn't see why his insurers would have any interest at all in some guy ringing up and asking for money!

Is it going to be a problem if I get it repaired before the insurance company confirms they're happy to pay? I was under the impression I should wait for the go-ahead from them first, and that otherwise they could get funny about it. But I'm working mainly on rumours here.
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arry
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Joined: 03 Jan 2009
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PostPosted: 13:48 - 15 Apr 2013    Post subject: Reply with quote

alexlawriewood wrote:
Cheers both, I'm glad it should be that easy. I couldn't see why his insurers would have any interest at all in some guy ringing up and asking for money!

Is it going to be a problem if I get it repaired before the insurance company confirms they're happy to pay? I was under the impression I should wait for the go-ahead from them first, and that otherwise they could get funny about it. But I'm working mainly on rumours here.


They'll be interested because they're legally obliged to pay for their insured's legal liabilities incurred in the use of a motor vehicle. The fact you've got such evidence to prove that their insured is indeed liable should leave it beyond doubt that they're going to concede liability and indemnify you for your damages.

You can go ahead and have the bike repaired BUT ensure that everything is photographed before it's touched, that you keep any invoices or receipts for repair parts and or labour, and that you retain any damaged parts for inspection. Effectively - as long as you've acted reasonably in repair, the costs involved are reasonable ie you're not overcharging, then the claim will be met in full.
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