Insurance claim; is this right??

[blade023]

So some of you may remember how I was involved in an accident back at the beginning of August, but just to recap; I was riding home in the dark after work when I had a cager cut accros my path turning into a pub car park. Due to concussion I don't remember it, but from what I've been told the most likely situation is that he turned across me too quick for me to react, while I was doing between 40 and 50 (this is a single carriage NSL road.)

Due to being mis informed, I phoned the first number I was given which happened to be an accident claim solicitors with this 'no win no fee' thing.

Fast forward to now, and I'm still waiting for some news of what's going on. The last I heard from them is the following:

• The third party (insurers) are awaiting release of the police report which was chased up a month ago.
• Police reports can take "a lot of time" to aquire.
• My solicitors have requested medical reports, which have to be released within 28 days.
• Once my solicitors have the medical reports they can push for more action from the third party insurers.
• "Most claims take 6 months or more to settle." That's a direct quote form the last conversation I had with the solicitors.

Now, I have no experience with accidents, claims and all these sort of things, but a friend of mine is saying that I'm being fobbed off by these solicitors and they're spouting a load of bs.

So I decided to post up on here to get some more opinions and maybe even suggestions of what I could do. The way it is, it'll be at least February next year before this is resolved, and if there's a chance I could get some compensation sooner that would really help.

I was lucky that I had a grand saved up after it happened, as I was able to buy another bike (which I need for commuting; I don't drive), but that money was my savings for a flat. I've managed to just about scrape together enough to put down a deposit and with extra holiday hours being put through I'll have enough to see me through the quiet period until I start raking in 70+ hours worth of earnings per week.

But to quote Noah Bennet (Heroes, loved that show) "Well that's less than ideal..."

So what do you guys think? Am I being fed a load of b.s.? Should I get someone else to take it on and get quicker results? Or is this normal for a lot of cases?

p.s. sorry for the slightly rambly post nature
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Current: VFR800 2008 13.7k and rising rapidly!
Sorn: 2003 FZS1000 30k(ish) looking to sell.

[Vincent]

My last, (and only), claim took 18 months in all....and it was quite straight forward. However, I was paid half the money up front after about 6 months. They can drag on from what I can see....I'm afraid.

See what others say.
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Space Is Deep

[Kickstart]

Hi

A long time since I had to claim for anything non trivial, and that took 6 months (3rd party, so me dealing with it all). By the sound of it your claim is a complicated by you not knowing what happened, while any injury claim will complicate it further.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[kernow24]

I had an accident shortly before you, end of July. Broken tib / fib in multiple places...

My claim is also going slowish, alhough I was told to expect this, by my solicitors, white Dalton.

As long as liability isn't in dispute, or even if it is, you should be able to get a settlement agreed ffor the bike, clothing etc before any settlement for personal injury is seen.

I got an initial offer for settlement for the bike a couple of weeks ago, declined it of course because the age a bunch of cheeky scamps, so counter offer submitted and should see settlement should be in the next eek or two, hopefully.

Liability is still in dispute with the 3rd party insurers, but this I'm told is normal, until they get hold of a police report, and see if they can pin anything on you.

Your solicitors should be able to get a similar settlement going, on a without prejudice basis, and make you aware that if liability is split, you may need to pay some back.

But, as they say, every accident is different.

The personal injury claim, if you've made one, is a whole different kettle of Fish, I've recently came out of a cast after 17 weeks, in a walking boot for a month or so and then physio after, because walking is currently extremely difficult. But I'm looking in to the new year before I'm able to walk properly without crutches hopefully.

Medicals should come shortly after, and depending on those, my solicitor says a settlement should be reached within 6 months of the medicals, or they'll start proceedings to end it quickly if the other side try to drag it out.
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[Minty]

Claims with bodily injury can take ages.

Depending on the injuries, this can sometimes be in your favour as you may receive 'full and final settlement' only to find out 6 months later that the surgeons were wrong, you are not going to gain mobility back to that limb and as such would have been entitled to a shedload more compensation.

Remember to ask for an interim payment if charges are racking up, i.e having to get cabs everywhere for work, hospitals etc.
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My fingers smell of your mum.

[Vincent]

[Ste]

Your solicitors should be getting their own medical reports done. On top of that they should have your medical records and the insurance companies solicitors will get their own medical reports done.

Your solicitors should be able to get you interim payments, this might not be possible until liability has been admitted.

A quicker or slower result shouldn't be the main factor in deciding which firm of solicitors you want to represent you. You're quite entitled to change solicitors if you want.

Claims with personal injuries can take years before it's appropriate for the claim to be settled.

My claim took 18 months to be settled and in hind sight that was far too quick, it should have been five years or longer. I was receiving interim payments whilst liability was still being disputed.

[dydey90]

I had a claim when my first car got written off, contacted the third party's insurers and sorted it out directly with them. Got my money inside of a week and they didn't have to pay any bullshit legal fees. Everybody's a winner.
Well, except the guy who hit me. He only had third party insurance and had to brush up the remnants of his Leon.
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This post is probably not serious and shouldn't be taken literally.
Past: CBR125,ER6f NINJA 650, ZZR600 Current: VFR750

[blade023]

Some interesting and very helpful points there guys, thanks for the input. It sounds like I need to get on the phone to my solicitors about interim payment possibilities, as it would definitely change my current situation from "should be able to manage with my new flat" to "what else do I need to furnish my new flat with?"

At least, that was the plan when I saved up the monies I had to spend on a new bike for commuting to work.

Incidentally (shameless pun intended..) I got off lightly with the accident and was lucky to walk out of A&E a few hours after I was more 'with it.' According to my brother, who's done a lot of nursing, I was acting like a dementia patient with no short term memory retention. The two questions I was asking repeatedly??

What's happened? (obvious one there)
What about the bike???!!!

I don't know how many times he had to answer those questions until the final time I asked; the first memory I have since leaving work that fateful night.
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Current: VFR800 2008 13.7k and rising rapidly!
Sorn: 2003 FZS1000 30k(ish) looking to sell.

[Golgarth]

My accident was in June, so far near on jack shit has happened. "they have x million days to reply" etc etc

Claims are slow.

[janner_10]

When I had my accident and liability was disputed initially.

I claimed for my bike from my insurance and got the cheque within 2 weeks minus the excess.

The missing excess and the claim for personal injury was through White Dalton - that took another 10 months, liability was admitted by his InsCo after about 7.

I wouldn't budget for a personal injury payout any time soon.
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Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1