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Advice after accident.

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Cadbury
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PostPosted: 22:29 - 17 Sep 2017    Post subject: Advice after accident. Reply with quote

Hi all,
On Friday when coming home from work, a taxi driver (on his first day on the job...) decided to not stop at a give way sign and came straight across my road...
No paint diagram sadly, but my resulting injury is a fractured forearm and a sore/ neck (that came about a day later) he admitted fault to me, witnesses and the police who were called to the scene,so hopefully that part of the process goes smoothly. If it were just my bike damage (probably a write off) then I'd be happy to deal with his insurance directly, but not sure how my injuries play into the mix?
Is it possible to handle that alone? Do I need to involve anyone to represent me? Is it advisable to do so anyway? Basically never had to deal with this kind of thing before so looking for a bit of advice really.
Does anybody have any recommendations for firms who are good/fair? I'm in Glasgow & after checking out white Dalton, they don't seem to cover Scotland?
Thanks in advance chaps and chappettes.
Oh, and a guy on (I think) an r6 stopped shortly after to offer assistance - cheers if that was anyone on here Thumbs Up
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M.C
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PostPosted: 22:43 - 17 Sep 2017    Post subject: Re: Advice after accident. Reply with quote

Cadbury wrote:
Is it possible to handle that alone? Do I need to involve anyone to represent me? Is it advisable to do so anyway? Basically never had to deal with this kind of thing before so looking for a bit of advice really.

I think you can gather your own evidence but you're probably better off going with a solicitor etc., although they'll want their cut, normally 25% but people have had success in haggling this fee down with straight-forward claims (eg: when liability has already been admitted). Don't know who to recommend, White Dalton seem to be the only ones people have anything positive to say about.
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Tracer1234
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PostPosted: 02:54 - 18 Sep 2017    Post subject: Reply with quote

Sorry to hear mate. Fingers crossed for smooth recovery to you and resolution of the imminent insurance nonsense.

The BCF experts are usually very helpful with this sort of thing and I expect them to be along shortly. In the mean time, my advise is simply; Spill Counter. Its an important part of the recovery process. Wink Thumbs Up
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woo
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PostPosted: 12:16 - 18 Sep 2017    Post subject: Reply with quote

try rider support services:

https://www.ridersupport.co.uk/
0208 246 4900
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thx1138
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PostPosted: 12:19 - 18 Sep 2017    Post subject: Re: Advice after accident. Reply with quote

Cadbury wrote:

No paint diagram sadly, but my resulting injury is a fractured forearm and a sore/ neck


Get well soon. Sad

And get paint diagramming, you've presumably got another arm to draw with. Thumbs Up
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Wonko The Sane
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PostPosted: 12:19 - 18 Sep 2017    Post subject: Reply with quote

I got hit from behind a few years ago while sat at traffic lights, no breakage, only whiplash, feeling stiff and a damaged bike.

Chap admitted fault at the scene and asked me what we did next, I advised him (after swapping details and taking a photo of the bike on the ground with his car behind it, number plate in shot) to phone his insurance company with my details and tell them what happened.

I then phoned his insurance company later in the day to tell them what happened

Both accounts matched and they began the process of resolving it for me.

Bike never got collected, I dumped it with my local mechanic as I was off on holiday, so they just took his assessment of it.

Courtesy car (my suggestion, 33bhp restriction and needing to use motorways would make it hard to get a bike suitable or so I thought) provided.

I was asked a few times how I was doing physically, after a few days back at work I felt I needed physio, was asked to go to the doctors and get referred by my GP, the insurance company then arranged private physio for me.

Once the course of physio was finished and the physio felt I was back to 'normal' they were happy to pay out for a bit of loss of enjoyment on the holiday (daughter was 1 year old and I couldn't really lift her much) and compensation for injury along with having paid out for the bike.

I was asked about my gear, but as the bike was knocked from under me and I had stayed stood up there was no need to replace it as it had not taken an impact.

I had informed my insurance that the incident had happened but was clear with them that I needed no action from them at the time.

Of course, if mr taxi driver denies being there then you'll need support from sorry mate / biker down / white daulton or whoever to chase it, but hopefully yours is a clear cut case and the insurance decides it's easier to just make it go away.
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Cadbury
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PostPosted: 12:48 - 18 Sep 2017    Post subject: Reply with quote

Thanks for the advice all, particularly Wonko, very helpful.

Spoke with the Taxi firm, they were apologetic towards me, seems like the driver did actually inform them it was his fault, hopefully my call with their insurers goes as smoothly.
I updated the spill counter, so now some juicy, juicy paint diagram. Red=Taxi, Blue=Me
https://preview.ibb.co/e8KvUQ/Capture_2017_09_18_10_00_32.png
For anyone who is familiar with the area (Glasgow) its a one way street, with good visibility and the give way marking/signage are all very clear, so fingers crossed it's all straightforward enough, hopefully won't need solicitors involvement, but cheers for the suggestions so far.
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arry
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PostPosted: 14:12 - 18 Sep 2017    Post subject: Reply with quote

woo wrote:
try rider support services:

https://www.ridersupport.co.uk/
0208 246 4900


Do they have a Scoootchland law expert?
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Tracer1234
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PostPosted: 14:24 - 18 Sep 2017    Post subject: Reply with quote

Hopefully all goes smoothly through. Sounds like it should do. Hows the the aches and pains? What speed were you travelling?
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Used to ride: 2015 Yamaha MT-09 Tracer (smidsy) 09 Triumph Street Triple (P/X'd) 08 Yamaha YBR (Sold)
CBT 04/14. A: Mod 1 & 2 13/04/15
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Cadbury
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PostPosted: 15:00 - 18 Sep 2017    Post subject: Reply with quote

Tracer1234 wrote:
Hopefully all goes smoothly through. Sounds like it should do. Hows the the aches and pains? What speed were you travelling?


New aches seem to be appearing daily, light bit of bruising & soreness on most of my limbs, left hand is pretty useless currently, I've got no thumb or grip strength without a fair bit of pain.
Nothing exceptional really speed-wise, it was somewhere around 20-25 for me, probably similar for the car.
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Cadbury
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PostPosted: 19:00 - 20 Sep 2017    Post subject: Reply with quote

Update: drivers insurance got in touch. He admitted 100% liability. Bike will be collected and assessed in the next few days, and I've got a call with their injuries department to discuss myself and my gear losses etc tomorrow.

Greatful that is has progressed as smoothly as I was hoping, thanks for everyone's comments. Thumbs Up


Last edited by Cadbury on 16:48 - 21 Sep 2017; edited 1 time in total
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T.C
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PostPosted: 16:30 - 21 Sep 2017    Post subject: Reply with quote

English law firms cannot operate in Scotland unless they have a Scottish licenced office.

Procedure for dealing with a personal injury claim is quite a bit different to dealing with crashes south of the border, but quantum (value of the injury) for both general damages and specil damages remains pretty constant.

You will need a Scottish based law firm if you decide to get legal representation, just avoid using a law firm recommended by your insurance company.
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Ste
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PostPosted: 16:45 - 21 Sep 2017    Post subject: Reply with quote

T.C wrote:
just avoid using a law firm recommended by your insurance company.

That, times at least one million!! Thumbs Up
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M.C
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PostPosted: 18:56 - 21 Sep 2017    Post subject: Reply with quote

Cadbury wrote:
Bike will be collected and assessed in the next few days, and I've got a call with their injuries department to discuss myself and my gear losses etc tomorrow.

I know I say this everytime but they don't need to collect your bike to assess it. If you have somewhere to store it and hope to (maybe) buy the salvage back I'd be hesitant about letting it go. If they store it for you they'll charge the other party, then at the end of it say oi collect your bike (it's of no benefit to you).

Ste wrote:
T.C wrote:
just avoid using a law firm recommended by your insurance company.

That, times at least one million!! Thumbs Up

I agree although they sometimes have an agreement in place that might leave you with more money. At least with a straight forward claim it might be an option.
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Cadbury
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PostPosted: 19:17 - 21 Sep 2017    Post subject: Reply with quote

M.C wrote:

I know I say this everytime but they don't need to collect your bike to assess it. If you have somewhere to store it and hope to (maybe) buy the salvage back I'd be hesitant about letting it go. If they store it for you they'll charge the other party, then at the end of it say oi collect your bike (it's of no benefit to you).

Thanks for that M.C. Having never had to go through insurance claims before I was unaware of this. Thumbs Up
However, it seems they have already pre-written it off solely based on my description of the damage. As in an email correspondence I received:
Letter from insurance wrote:
I understand that your vehicle is to be written off and have arranged for it to be collected by Copart. Please remove any personal belongings before it’s collected.

I thought it was a bit odd, but I had no plane of reference, and I gather copart are just a salvage auction company too. When talking on the phone the lady said 'as it's quite old it'll probably be deemed uneconomical to repair' (it' s an 06 plate...)
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Ste
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PostPosted: 19:25 - 21 Sep 2017    Post subject: Reply with quote

I'd reply saying something along the lines of if after the bike has been inspected it's written off, you want to keep the salvage and the value of it could be deducted from the settlement. Ask when would they like to come and inspect your bike.
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M.C
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PostPosted: 20:10 - 21 Sep 2017    Post subject: Reply with quote

The problem's they all seem to operate differently. Someone on here didn't want their salvage, yet they deducted the amount from their compo and left them with a crashed bike (that went to you know who Smile). How it works in an ideal world is after the assessors have been round they make you an offer, and if there's an option to keep the salvage you either take it or surrender the vehicle.

Apparently there are new salvage categories coming in next month, but under the old system Cat' C or D and you're fine putting it back on the road, Cat' A (which are normally burnt out shells) or Cat' B the bike has aids so don't touch it.

Whether it's worth putting back on the road depends on the salvage amount and spares availability. Just as an example they valued my bike at £3300, I kept it for £400 and spent £350 putting it back on the road. Of course if you never want to see the bike again, and are happy skipping off into the distance with your compo, let them take it.
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Rogerborg
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PostPosted: 20:27 - 21 Sep 2017    Post subject: Reply with quote

M.C wrote:
Someone on here didn't want their salvage, yet they deducted the amount from their compo and left them with a crashed bike (that went to you know who Smile).

You're thinking of his brother, Joseph Alberic Twisleton-Wykeham-Fiennes.

https://i.imgur.com/OG7gOaD.png
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T.C
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PostPosted: 09:53 - 22 Sep 2017    Post subject: Reply with quote

M.C wrote:
Cadbury wrote:
Bike will be collected and assessed in the next few days, and I've got a call with their injuries department to discuss myself and my gear losses etc tomorrow.

I know I say this everytime but they don't need to collect your bike to assess it. If you have somewhere to store it and hope to (maybe) buy the salvage back I'd be hesitant about letting it go. If they store it for you they'll charge the other party, then at the end of it say oi collect your bike (it's of no benefit to you).

Ste wrote:
T.C wrote:
just avoid using a law firm recommended by your insurance company.

That, times at least one million!! Thumbs Up

I agree although they sometimes have an agreement in place that might leave you with more money. At least with a straight forward claim it might be an option.


Most independent law firms will at least match the success fee charged by the panel law firms, and in most cases better it.

The 25% is the maximum that can be charged and there is no obligation to charge it at all. In many cases we charge 12.5% and others we take nothing at all.

Using panel firms usually means that the value is lower as well. By lower, I have seen 2 cases of 2 riders recently where the claim was settled by two different panel law firms in 2 seperate cases at a 60% & 80% below the real value of the cases and they stil lost 25% of the compensation because of the success fee.

Now they are having to sue for professional negligence to make up the shortfall.
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drbaig
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PostPosted: 09:58 - 22 Sep 2017    Post subject: Reply with quote

Cadbury wrote:
Update: drivers insurance got in touch. He admitted 100% liability. Bike will be collected and assessed in the next few days, and I've got a call with their injuries department to discuss myself and my gear losses etc tomorrow.

Greatful that is has progressed as smoothly as I was hoping, thanks for everyone's comments. Thumbs Up


Glad it is going smoothly for you.
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Cadbury
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PostPosted: 14:24 - 02 Oct 2017    Post subject: Reply with quote

Slight update - Bikes been deemed a Cat.B, so no chance of me buying it back really.
Had an offer for valuation too, which i'm happy with, so that side of the claim will be wrapped up shortly. Thumbs Up
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G
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PostPosted: 15:08 - 02 Oct 2017    Post subject: Reply with quote

Cadbury wrote:
Slight update - Bikes been deemed a Cat.B, so no chance of me buying it back really.

Yes there is.
And it can still go back on the road.
However more likely, be sold for parts etc - often seen people doubling their money straight away sticking it on ebay with this.

Though think the current market for parts themselves seems to be a little saturated - possibly related to current theiving gangs.
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arry
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PostPosted: 15:24 - 02 Oct 2017    Post subject: Reply with quote

G wrote:
Cadbury wrote:
Slight update - Bikes been deemed a Cat.B, so no chance of me buying it back really.

Yes there is.
And it can still go back on the road.
However more likely, be sold for parts etc - often seen people


Afraid not. DVLA closed that door when they scrapped (excuse pun) the VIC. They'll no longer issue a v5.
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Rogerborg
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PostPosted: 16:00 - 02 Oct 2017    Post subject: Reply with quote

What offence is being committed by, etc.

Cadbury wrote:
Bikes been deemed a Cat.B

Have they seriously not stopped using those obsolete fantasy categories?

Repairable, non-repairable, that's all that matters. And it only matters in as much as the DVLA will, as noted, get stroppy about issuing a new V5C.
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arry
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PostPosted: 19:27 - 02 Oct 2017    Post subject: Reply with quote

Rogerborg wrote:
What offence is being committed by, etc.
.


True story brother. But nobody having that fight unless it's really worth their while I guess.
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