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GeordieChambe...
Renault 5 Driver



Joined: 20 Mar 2013
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PostPosted: 21:26 - 12 Sep 2013    Post subject: Insurance claim help Reply with quote

Hi peeps, well this morning I had my first accident and have no idea what to do about it insurance wise,

At 5:45am I was riding to work, there was nothing on the road apart from a silver Vauxhall Astra in the distance. As I got closer he moved over to the right of our side of the road appearing to turn right in to a side street however just as I was passing him he suddenly turned left(with no indicator on) into the side of my bike which obviously sent me and my bike into the tarmac, Unfortunately there were no witnesses and I don't believe it was caught on any CCTV.

The police were called and took each of our details(both passed the breathalizer). So now I have his details, my bike has no indicators on the left, scraped front mudguard, dented and scraped fuel tank and all the chrome has been stripped from my rear suspension arm and on top of that I think I may have fractured my right foot where the car hit me.

Sorry about the long winded story but I have no idea how to make a claim, what is involved and whether it will be actually worth it. Any help or advice would be greatly appreciated.
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...
Brolly Dolly



Joined: 12 Oct 2009
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PostPosted: 21:49 - 12 Sep 2013    Post subject: Reply with quote

1) Call you insurance company
2) Say you want to make a claim
3) Tell them exactly what happened.

Then you wait.

AFAIK, a personal injury claim is almost always worth it if you are injured. Get yourself to a hospital and have your foot checked out.

If you have pictures of the scene, even better.
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GeordieChambe...
Renault 5 Driver



Joined: 20 Mar 2013
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PostPosted: 22:09 - 12 Sep 2013    Post subject: Reply with quote

Thanks just a bit nervous in case they accuse me of undertaking and try and hold me liable for it Sad
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-Matt-
World Chat Champion



Joined: 28 Apr 2013
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PostPosted: 22:20 - 12 Sep 2013    Post subject: Reply with quote

chambers85 wrote:
Thanks just a bit nervous in case they accuse me of undertaking and try and hold me liable for it Sad


Just prepare for that accusation so if/when it does come you can give a quick and firm reply. You did nothing wrong so make it known Thumbs Up
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 22:23 - 12 Sep 2013    Post subject: Reply with quote

Tell your insurers now, prevaricating about the bush isn't going to change the circumstances.

Sound like you both screwed up, but it happens, and that's what insurance is for.
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GeordieChambe...
Renault 5 Driver



Joined: 20 Mar 2013
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PostPosted: 22:42 - 12 Sep 2013    Post subject: Reply with quote

Yes but if I put a claim in and its unsuccessful what would be the consequences ie would I have my insurance cancelled, would I be liable to the damage to his vehicle, will my premium go up next year etc ?????
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Doovy
World Chat Champion



Joined: 21 Jul 2008
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PostPosted: 23:13 - 12 Sep 2013    Post subject: Reply with quote

chambers85 wrote:
Yes but if I put a claim in and its unsuccessful what would be the consequences ie would I have my insurance cancelled, would I be liable to the damage to his vehicle, will my premium go up next year etc ?????


You probably won't have it cancelled. Depending on the percentage of liability that is decided, you could very be liable to damaged to his vehicle. Your premium will probably go up as you would have a claim against your name.

This is all very 'if' and 'perhaps' of course. Sorry Crying or Very sad
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Chuffin Nora
World Chat Champion



Joined: 02 Sep 2013
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PostPosted: 23:31 - 12 Sep 2013    Post subject: Reply with quote

Yet, in case of the possibility that liability is loaded onto you, get thee to a solicitor forthwith that they might order a request to have the party of the third part's vehicle's indicators examined — and the rest of it while you're there — just to be on the safe side . . .er . . . which you evidentally weren't, I'm very sorry to say.


Good hunting.
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Chuffin Nora
World Chat Champion



Joined: 02 Sep 2013
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PostPosted: 23:32 - 12 Sep 2013    Post subject: Reply with quote

Yet, in case of the possibility that liability is loaded onto you, get thee to a solicitor forthwith that they might order a request to have the party of the third part's vehicle's indicators examined — and the rest of it while you're there — just to be on the safe side . . .er . . . which you evidentally weren't, I'm very sorry to say.


Good hunting.
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Pie-Roe
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Joined: 05 Feb 2007
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PostPosted: 23:53 - 12 Sep 2013    Post subject: Reply with quote

I would put it to you from recent experience that if you had fractured your foot, not toes, you'd be unable to walk on it without either crying like a girl or copious amounts of pills.

When you say he appeared, did he appear to indicate, or could it also appear he swung out to take the turn tighter?

With no witnesses and no CCTV it'll probably take a while.
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P.addy
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 00:11 - 13 Sep 2013    Post subject: Reply with quote

Pyro. wrote:
I would put it to you from recent experience that if you had fractured your foot, not toes, you'd be unable to walk on it without either crying like a girl or copious amounts of pills.


Depends how girly he is, my 5th metatarsal is fractured and I'm walking around all gravy like Laughing
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prawny1
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Joined: 28 Jun 2005
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PostPosted: 00:13 - 13 Sep 2013    Post subject: Reply with quote

Are you certain he was turning?

It sounds to me like you tried to undertake.
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Chuffin Nora
World Chat Champion



Joined: 02 Sep 2013
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PostPosted: 01:28 - 13 Sep 2013    Post subject: Reply with quote

Quote:
Are you certain he was turning?

It sounds to me like you tried to undertake.


Er. Well, no. Isn't it? At least not neressessily.

Or am I the only one who's noticed the growing trend for shitboxers to conveniently ignore the need for other road users, pedestrians included —
children (with or without parents/guardians) especially — to be made aware of the SBs' intentions to turn a corner.
Every where I go, deviant bastards failing to indicate. Drives me 'round the fookin bend.
I mean, how difficult can it be? (dunno, never driven one. I assume that all it requires is the flicking upward or downward of the relevant stalk, preferably appropriately-timed).
But I do know through long experience of riding that lack one discipline
and you're most likely to be lacking others, such as bike-awareness, to name but one.

Need I go on?

YES!

SHOOT THE FECKIN' LOT OF 'EM!!
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Ariel Badger
Super Spammer



Joined: 02 Dec 2006
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PostPosted: 07:58 - 13 Sep 2013    Post subject: Reply with quote

Take cash off the driver or put it down to experience. Insurance will rape you if you claim or even inform.
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 07:58 - 13 Sep 2013    Post subject: Reply with quote

chambers85 wrote:
Yes but if I put a claim in

At this point, you are not "putting a claim in". You are telling your insurer that you've been involved in an accident.

Unless you and Astraman have agreed to keep it between yourselves, and you trust him to do so, then you should let your insurer know now. As we've had pointed out (and arry has confirmed) insurers are now writing in contractual penalty clauses for failing to tell them immediately, as they themselves are now under a legal obligation to resolve minor cases much faster.

Your questions would be far better directed to your insurer, and you do really need to tell them about it right now.

Yes, you'll get bum pumped, but it'll happen anyway when Astraman's insurers get in touch with yours. Get your side of the story in early doors.
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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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totalllama82
Crazy Courier



Joined: 03 Jan 2011
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PostPosted: 21:15 - 13 Sep 2013    Post subject: Reply with quote

Call your insurers and log the incident ASAP. My missus managed to crash 2 of my cars on my policies and trust me, trying to settle out with the insurers ends badly.

People see this as a signal to go and get a quote for re-spraying their whole car, then start fannying around with courtesy cars and the likes taking you for a ride.
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kernow24
Crazy Courier



Joined: 15 Jun 2011
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PostPosted: 17:29 - 14 Sep 2013    Post subject: Reply with quote

Chuffin Nora wrote:
Quote:
Are you certain he was turning?

It sounds to me like you tried to undertake.


Er. Well, no. Isn't it? At least not neressessily.

Or am I the only one who's noticed the growing trend for shitboxers to conveniently ignore the need for other road users, pedestrians included —
children (with or without parents/guardians) especially — to be made aware of the SBs' intentions to turn a corner.
Every where I go, deviant bastards failing to indicate. Drives me 'round the fookin bend.
I mean, how difficult can it be? (dunno, never driven one. I assume that all it requires is the flicking upward or downward of the relevant stalk, preferably appropriately-timed).
But I do know through long experience of riding that lack one discipline
and you're most likely to be lacking others, such as bike-awareness, to name but one.

Need I go on?

YES!

SHOOT THE FECKIN' LOT OF 'EM!!


so either the cars intention to turn was clear or it wasn't, if you 'thought' he was going to turn right without indicating, then you undertook him, whilst his intentions weren't clear.

id say you should, quite rightly shoulder the majority of the blame, i mean who in the hell attempts to get past someone when they were obviously slowing down, without indicating which way they are planning to turn, its pure stupidity.

obviously going to go at least 50/50 or more towards the car drivers favor.

from the highway code...

104

You should also

watch out for signals given by other road users and proceed only when you are satisfied that it is safe
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P.addy
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 17:36 - 14 Sep 2013    Post subject: Reply with quote

Chalk it up to experience.

Don't go round a car if you aren't 100%

If you were 100%, you made the wrong choice.

See first comment on my post. Thumbs Up
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prawny1
World Chat Champion



Joined: 28 Jun 2005
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PostPosted: 18:23 - 14 Sep 2013    Post subject: Reply with quote

Chuffin Nora wrote:

Er. Well, no. Isn't it? At least not neressessily.

[/i]


People change their mind even when they have indicated, so passing on the n/s (undertaking) when the other driver was not indicating at all is bad driving on op's part.

Fair enough the bloke didn't indicate but you never know whether the guy driving is a bus/ lorry driver that is used to swinging out before a turn.

Without an indicator if the person "looks" to be turning you should not take chances.

My advice if you are not intending to claim is "don't inform your insurer at all" even if you don't claim for the damage they will count it as an accident if you tell them about it,

my brother had a minor bump last year, the other driver agreed to pay for the damage but my brother thinking he was covering his own arse told his insurance and explained that if the guy refuses to pay he may have to make a claim.

Come renewal time they held the accident against him even though he never ended up making the claim.
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hellkat wrote:

Some people are only alive cos its against the law to kill them.


Last edited by prawny1 on 18:26 - 14 Sep 2013; edited 1 time in total
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flat eric
Spanner Monkey



Joined: 23 Dec 2006
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PostPosted: 18:24 - 14 Sep 2013    Post subject: Reply with quote

I had a similar accident to you in 2012. the driver had indicated to turn left, and as I passed him on the right, he turned into me.

At first it was looking like 50/50 as he was a lying get, and said that he didn't indicate at all. and it was a case of my word against his. i was riding with my friend, but he wasn't an independent witness, so couldn't use his testimony. I had resigned myself to 50/50, but with 2 weeks to settlement, his insurance settled 100% in my favour. couldn't believe it.

This looks like the case for you my friend, as there are no witnesses. and it's your word against his. any solicitor will tell you to settle 50/50. as the judge will say this as well.

as you know there are dangers with under-taking and over-taking.

if you have a personal injury as i did, get it checked out straight away. but as it looks like a 50/50 case, you'll only get a small payout. but all the same, you get a few grand for your trouble.

unfortunately your insurance premiums for the next 5 years will be higher. i declared the accident on my car insurance renewal, and it went up £100. (this was before they settled 100% in my favour) How does that work? but that's how it is. higher bike insurance and car insurance.
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