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Crash, insurance payout etc

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NTFH
L Plate Warrior



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PostPosted: 12:51 - 26 Jul 2015    Post subject: Crash, insurance payout etc Reply with quote

Hi, I was involved in a crash recently where the 3rd party admitted full liability. I was on a brand new bike having only had it for 3 days before it got written off. I've contacted the place where it's getting repaired and they have said its a write off and that third parties insurance company will be in touch soon. I was wondering if any of you have had a similar experience with the bike being on finance and the first payment not even taken yet will the insurance pay the outstanding balance? Also, when I go to get my next bike and need a deposit would they pay that? It's unfair that I would be out of pocket for something that wasn't my fault. Cheers.
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Pete.
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PostPosted: 13:04 - 26 Jul 2015    Post subject: Reply with quote

Tricky one. My gut feeling is that you'll get market value for a used bike in perfect condition. Did you get gap insurance with your finance?
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SlimRick
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PostPosted: 13:17 - 26 Jul 2015    Post subject: Reply with quote

Did you take out gap insurance? I think you'll be out of pocket otherwise.
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Ste
Not Work Safe



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PostPosted: 13:29 - 26 Jul 2015    Post subject: Reply with quote

Isn't gap insurance for when you're claiming from your own insurance?

If you're claiming against somebody else's insurance then isn't that meant to put you in the same situation as you would be had the crash not happened?

You say the third party admitted liability, have the insurance company admitted liability?
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MCN
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PostPosted: 13:43 - 26 Jul 2015    Post subject: Reply with quote

Depends on insurers but I have had retail value for a bike I 'dropped'.
It's a headache to realise you can lose-lose in insurance claims.
Another claim I made was fully settled i.e. it was a non fault un challenged claim where the third party's insurance paid for damages.
My insurance broker Hastings decided to load my next policy.
I had a full day of fighting the bastirts over than one to get the loading removed.
It can affect all policies and I have several vehicle to insure.
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Pie-Roe
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PostPosted: 14:38 - 26 Jul 2015    Post subject: Reply with quote

I don't know for sure, but I'd be arguing for the full price of a brand new bike, or to settle the finance.
You can't be better off, but you should be in the same position.
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iooi
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PostPosted: 15:55 - 26 Jul 2015    Post subject: Reply with quote

Had the bike not been on finance, then I would have expected them to simply supply a new bike.
But given its on finance. They will have to pay that off in full.
Which puts you back where you were.
You may then have to argue the point on the deposit.

But given you must/should have been FC, even though they admitted liability. It might have been better to let your ins deal with this.
End of the day. You will still have to declare a claim.
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G
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PostPosted: 16:00 - 26 Jul 2015    Post subject: Re: Crash, insurance payout etc Reply with quote

For insuring your own vehicle, I know some policies do specify that for a period (maybe 6 months) they'll cover the full cost of a new vehicle.
Suspect you've got a good case for that.

Also, request a quote for buying the salvage back - likely to end up quids in selling that.
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CaNsA
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PostPosted: 16:08 - 26 Jul 2015    Post subject: Reply with quote

<story time>

Had a Speedfight 2 100cc scooter many moons ago.
Bought it brand new.
Got stolen after 4weeks because Liverpool.
Insurance offered 2/3 of the price I paid for the scooter because "it is no longer brand new and market value states xxxx pounds."
Can't remember where I found the info from but.... The "asset" is (or was) considered brand new until it is 3months old and any insurance payout should cover the full price paid for the asset minus any excess in the event of a total loss.
I went back to my insurers and they paid out the full paid price minus my excess.

</story time>


Last edited by CaNsA on 16:10 - 26 Jul 2015; edited 1 time in total
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MCN
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PostPosted: 16:09 - 26 Jul 2015    Post subject: Re: Crash, insurance payout etc Reply with quote

G wrote:
Also, request a quote for buying the salvage back - likely to end up quids in selling that.


Special attention should be paid (no pun) to that bit.
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NTFH
L Plate Warrior



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PostPosted: 17:00 - 26 Jul 2015    Post subject: Reply with quote

Cheers for the responses. The bike was worth £5899 and the damage came to £4400 how do they work out the salvage price?. I informed my insurer already who put it down as a no claim and her insurers have said they are fully liable. I will be pretty gutted and feel quite hard done by if they don't settle the outstanding finance! If I did get the salvage I'm not sure what I would make out of it as the forks are damaged and apparently there is a crack to the frame and something to do with the steering column. I'm not very mechanical in fact not at all and wouldn't know about repairing it to sell it on.
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Dave70
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PostPosted: 17:38 - 26 Jul 2015    Post subject: Reply with quote

I was in a similar situation a couple of years back, the difference being that my bike wasn't written off but, was within a couple of hundred pounds of beinother

What I was advised hy my insurance broker, for speed of getting things sorted, was to claim on my insurance and get them to recoup the costs from the other party. Within 2-3 days they told the shop/garage to go ahead with the work. Thumbs Up

Damages for injury and gear took a while longer, around 3 or 4 months iirc, as this could only come from the other parties insurance.

So if you are in a hurry to get back on the road, it may be useful to go down this route and get another bike sorted and pay things off completely when the other parties insurance coughs up.
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Wonko The Sane
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PostPosted: 21:28 - 26 Jul 2015    Post subject: Reply with quote

NTFH wrote:
Cheers for the responses. The bike was worth £5899 and the damage came to £4400 how do they work out the salvage price?. I informed my insurer already who put it down as a no claim and her insurers have said they are fully liable. I will be pretty gutted and feel quite hard done by if they don't settle the outstanding finance! If I did get the salvage I'm not sure what I would make out of it as the forks are damaged and apparently there is a crack to the frame and something to do with the steering column. I'm not very mechanical in fact not at all and wouldn't know about repairing it to sell it on.


I wouldn't bother with the salvage in your situation

often it's only £200 ish, and taking the bike apart, anything not usable weigh in as scrap, the rest put on e-bay and you can make more than what you paid for the wreck.

however, you're needing to cover the finance from the insurance payout (you may not see the money, it may well go direct to the finance company to pay off as technically it's the finance companies bike as you've not paid off)

you'll then need to go sit down with a dealer and get approved for finance on another bike.
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NTFH
L Plate Warrior



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PostPosted: 15:59 - 27 Jul 2015    Post subject: Reply with quote

Hi, just a quick update, the insurance company are offering me £4799 and telling me I need to salvage and sell the bike for £1100 to make up the total of £5,899 which is the retail price. The total price including finance is nearer £6500 which leaves me £600 + £100 deposit out of pocket.

I will be £700 out of pocket for something that wasn't my fault. I thought that they had to level it so you are not worse off than when the accident happened? I'm really frustrated. Is there any legalities which I can mention or are they in control here?

Thanks for your help so far
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CaNsA
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PostPosted: 16:03 - 27 Jul 2015    Post subject: Reply with quote

Whats the excess on your policy?
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NTFH
L Plate Warrior



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PostPosted: 16:13 - 27 Jul 2015    Post subject: Reply with quote

Excess is £250 on my policy but it is her insurance company that are paying out not mine.
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CaNsA
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PostPosted: 16:16 - 27 Jul 2015    Post subject: Reply with quote

Refuse the offer.
Tell them you want the full value of the brand new bike.

You shouldn't be out of pocket because she fucked up.
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iooi
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PostPosted: 16:38 - 27 Jul 2015    Post subject: Reply with quote

NTFH wrote:
H Is there any legalities which I can mention or are they in control here?

Thanks for your help so far


Refuse the offer.

FOS
When you refuse. Say what exactly you want them to do to put you back where you were..
So that is pay off the finance, refund the deposit, and cover the damage to any clothing etc.
You do not want the bike back....

If they refuse. Say that you are raising a complaint. They then have a max of 8 weeks to resolve to your satisfaction. Or issue a deadlock letter.
Which then allows you to go to FOS and let them adjudicate on your case.
Given the way FOS look at these. It should work in your favor. So long as you are only looking at being back where you started.

Oh and FOS does not cost you, but does cost the Ins co win or lose. Given the difference you have quoted its a no brainer for them to resolve Thumbs Up
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Alpha-9
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PostPosted: 17:09 - 27 Jul 2015    Post subject: Reply with quote

They should pay out the full value of the bike plus any costs

I put my bike value for the YBR higher than I paid for it on the quote and got that rather than how much it was actually worth

Save any public transport receipts too as you can get that back Laughing
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Dave70
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PostPosted: 17:31 - 27 Jul 2015    Post subject: Reply with quote

Alpha-9 wrote:
Save any public transport receipts too as you can get that back Laughing


As far as I am aware, you can claim back all expenses that have occurred because of the accident. That includes phone calls and stamps, should you need to post anything.

Her insurance company are taking the mickey. Stick to your guns and hold out for every penny it's cost you.

Also, cheeky b'stards telling you to sell what's left of the bike to make up the difference. Middle Finger Would be my response to them.

Have you got any legal representation op? If you don't get what you're due sharpish, it may be worth getting some. Any percentage they take could be made up for by claiming for your gear that got damaged, if need be. Wink
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Pie-Roe
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PostPosted: 17:34 - 27 Jul 2015    Post subject: Reply with quote

I have a claim for around £180 for my time, over the last two and a half years for various phone calls, gathering information etc.

Basically anything can be claimed for if it can be justified and proved.
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Alpha-9
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PostPosted: 17:34 - 27 Jul 2015    Post subject: Reply with quote

Dave70 wrote:
Alpha-9 wrote:
Save any public transport receipts too as you can get that back Laughing


As far as I am aware, you can claim back all expenses that have occurred because of the accident. That includes phone calls and stamps, should you need to post anything.

Her insurance company are taking the mickey. Stick to your guns and hold out for every penny it's cost you.

Also, cheeky b'stards telling you to sell what's left of the bike to make up the difference. Middle Finger Would be my response to them.

Have you got any legal representation op? If you don't get what you're due sharpish, it may be worth getting some. Any percentage they take could be made up for by claiming for your gear that got damaged, if need be. Wink

Yeah all of that

If you've not got legal aid try:

Quote:
Katarzyna Zych

Litigation Executive

Fletchers Solicitors



Phone


01704 515500

Email


katarzynazych@fs.co.uk

Web


https://www.fs.co.uk



Fletchers Solicitors
Dukes House
34 Hoghton Street
Southport
Merseyside
PR9 0PU

She did my case and was a pleasure, sounded hot too. No win no fee generally, they'll claim back their expenses from the enemy insurers
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Pie-Roe
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PostPosted: 17:46 - 27 Jul 2015    Post subject: Reply with quote

Alpha-9 wrote:

She did my case and was a pleasure, sounded hot too. No win no fee generally, they'll claim back their expenses from the enemy insurers


This isn't true anymore. If you are insured with MCE, Fletchers don't charge because of some kickback or something. Aside from that, you'll lose 25% of personal injury fees.
You don't lose anything for event losses like bike, gear and time off work though I believe.
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CaNsA
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PostPosted: 18:04 - 27 Jul 2015    Post subject: Reply with quote

Don't forget to claim for "Loss of leisure time"

Equates to something like the hourly rate you get paid at work.
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Alpha-9
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PostPosted: 19:03 - 27 Jul 2015    Post subject: Reply with quote

Pyro. wrote:
Alpha-9 wrote:

She did my case and was a pleasure, sounded hot too. No win no fee generally, they'll claim back their expenses from the enemy insurers


This isn't true anymore. If you are insured with MCE, Fletchers don't charge because of some kickback or something. Aside from that, you'll lose 25% of personal injury fees.
You don't lose anything for event losses like bike, gear and time off work though I believe.

Explains why they pushed for personal injury so much Thinking
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