Insurance problem - nonfault claim

[Bhud]

I would appreciate some advice on an insurance problem I have. Insured as fully comp.

In March, someone knocked me off my bike. They didn't stop at a give-way, and drove from a side road on the left straight into the side of my bike. I was uninjured but the bike was severely damaged. The damage to the bike is from the sides (it was impacted from the left, where the alternator cover was damaged) and fell hard to its right. Naturally, the headlight isn't broken or anything like that, so it was hit from the side. The driver's car had a broken bumper at the front.

I got the driver's details at the scene, and she admitted it was her fault. I took photos of the vehicles where they stood and got the name of a witness.

I contacted my insurance company and they passed me on to their nonfault claims department, which is really just a claims handler company. I filled out the forms and gave a detailed description of what happened. The claims handler wanted to take the bike away to be assessed for damage. I didn't sign any agreement with them, but let them take it away. The V5C is still in my name. I took pictures of the bike before they collected it. They also wanted to supply me with a hire bike for while the bike was in storage. I looked at the agreement and it said I would be liable for the hire bike charges (something like £80 a day) but, they assured me, they would recover these costs from the other side. I was skeptical, and said no thanks to the hire bike.

One week went by, and then two. I contacted the claims handler, and was told they had asked the other side to assess and respond to the case, and to come and inspect the damage to the bike. Now, bear in mind, every day that the bike is in storage, the claims handler charges £22, which is supposed to be charged to the other side when the claim is settled. A few calls and a couple of emails to the claims handler, and now 4 weeks have passed and still no news.

Until today. Today, I contacted the other side's (the at fault party's) insurer and reminded them to hurry up and get the ball rolling, or I would have to get a hire bike and add this to my claim against them.

One hour later, I was emailed by the claims handler company. They said, the other side had just told them they "strongly disputed" liability, but hadn't explained why, nor had they supplied their own version of events. They (the claims handler) attached a document to their email for me to sign "urgently". In short, this document does 2 things: 1) it makes me liable to pay the claims handler's storage costs; 2) it authorises the claims handler to appoint a solicitor to handle the case.

Naturally, I will not be signing this document as I have no intention of paying anyone's costs over an incident that was 100% another party's fault, and in the course of sorting this out I have always followed the instructions given by my insurance company. But it looks like they're bundling their willingness to progress my claim with a requirement to indemnify them for absolutely everything in case it doesn't go their way. That isn't on.

Question is, where do I go from here?
Should I appoint my own solicitor, and what happens to the bike now that it's in the claims handler's hands?

[Freddyfruitba...]

Bloody claims handlers.

I don't get how you've ended up in their clutches when, in the eyes of your insurers, you've done the right thing and put the whole issue in your insurer's hands.

Appointing your own solicitor sounds like a plan, but unless you find one willing to accept this on a no-win-no-fee basis (and I don't know, but don't those guys deal mainly with nice fat personal injury claims?) I would have thought you're just going to increase your potential cash liability if it all goes tits up? Can't you go back to your actual insurer, bollock them, and tell them to sort it out?
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KC100->CB100N->CB250RS--------->DL650AL2->R1200RS->R1250RS

[Bhud]

[kolu]

[Bhud]

[arry]

Carole Nash are your broker. Your insurer. .. dunno... but it doesn't sound like they know anything about the incident. So I shouldn't really blame them.

comprehensive cover purchased?

[arry]

Just seen you're comp and you've got no personal injury. Why are you going through a claims management co?

Carole Nash have sold you down the river here!

[Bhud]

Hi Arry, cheers for input.

I must apologise as I made a mistake, having got my insurers and previous years' policies mixed up.

I have Carole Nash TPFT, not comprehensive, on that bike. The underwriter is Ageas.

What happened was, right after the incident I emailed Carole Nash about it, describing it fully. The email bounced so I called them and filled them in on the details over the phone. They also supplied me with a working email address, so I followed up with a confirmation email with all the details. I sent them the photos, etc. Then Carole Nash sent me an email saying they were aware of the incident. They sent my details to the claims handler (4th Dimension). 4th D sent me a form to fill out which required me to describe the incident. They were really friendly and nice! They arranged a time to pick up the bike and also tried to get me to sign a credit agreement for a hire bike. Never in a million years would they claim back the charges for the hire bike, they said. They would write off the debt if the claim was disputed, they explained in a detailed and nice way on the phone.

Well, I said no, because the credit hire agreement clearly put the liability for those charges on me. But, as Carole Nash told me on the phone, I still had to let them take my bike so they could inspect it.

So what's been happening is a whole load of nothing... Carole Nash and 4th D are seemingly determined to make a pile out of my collision incident. Who knows what sorts of charges, engineers' reports, etc. they've been wracking up in the hope of making as much money as possible from the other side's insurer.

It's a mess and my instinct is to get the hell out of it. All these people milking the insurance system for what they can get, and I haven't seen a penny. I've had to chase them up the whole time, and the only time I saw any action was today, about an hour after contacting the other party's insurer to tell them to hurry up. I suppose they took one look at the claims handler's charges and baulked.

[Freddyfruitba...]

[MCN]

Letter to third party's insurer, copy to your broker.
Contact Citizens advice to arrange settlement through
Small claims court.
That might get a ball rolling.
I think polite notice is 7 days for someone to get their finger out.
That's 5 biz days and a weekend.
Don't fuck-a-bout. Go in with the boot.
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Disclaimer: The comments above may be predicted text and not necessarily the opinion of MCN.

[stinkwheel]

Meanwhile, your bike is rusting away in a yard somewhere.

From previous experience, there is no way on earth I would give an insurance company posession of my motorcycle. I'd make it available for inspection. Last time I had a claim, they left my bike in an outside yard for 3 months in winter then tried to knock back the value of the bike because it was rusty.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Ste]

4th Dimension are also known as Surrey Motorcycle Salvage.

https://www.surreymcsalvage.co.uk/terms-and-conditions

Your bike hasn't been listed on their eBay page yet?

https://www.ebay.co.uk/sch/surreymcsalvage/m.html

[Bhud]

Thanks guys. You're both absolutely right. I should never have given my bike over to them. I can't use the excuse of youth to be so unworldly as to trust in an insurance company or a claims handler.

I think the best course for me now is to take action fast. Rust isn't the worry, really. I've got one email from a few ago from 4th Dimension saying they had chased up the other party's insurer for an assessment. Since then, nothing up until today. So, the other side's insurer has had the chance to play ball, but it looks like they couldn't even be bothered to go and inspect the bike. Fortunately, I have photos. Photos of the bike at the crash scene, and photos of the bike before it was loaded into 4th D's van to go into storage. So I'll simply pursue the other party's insurer for the full nominal value of the bike. Letter before action, and follow through. Not my problem if they don't want to even inspect the bike.

[Bhud]

[arry]

Hate to say it mate but 4D get a terrible rap for sitting on repairs.

I reckon this one needs an unwinding and rebuilding job.

[A100man]

Sounds like you're doing the right thing. Ignore these arse wipes (4th D salvage or what have you) and become your own claims handler. Phone the other party's insure twice a day every day. Become they're worst nightmare, insist on hour by hour progress reports until they get you out of their hair.. As MCN suggests see if you can get CAB involved as an extra 'motivator'..
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Now: A100, GT250A, XJ598, FZ750

Then: Fizz, RS200, KL250, XJ550, Laverda Alpina, XJ600, FZS600

[Mr Hammers]

Have to say, in my last smidsy, 4th Dimension handled it all very well. Gave me good advice, kept me informed at every step. I actually took the hire bike - partly because it forces the 3rd party to get a move on when they know they'll be paying for it - and let them take mine away (possibly the wrong decision, but i also took plenty of pics before they did). Bike was returned with no more damage then it left with, and they sorted the whole thing out within a month.

My insurers were Bennetts, who have always been good. There's no way i'd get insurance without the legal protection these days..for the cost of a few quid it's saved me thousands in the long run.
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A Guide To Powerbands

[Easy-X]

Don't panic over the other party's insurance not admitting liability, it's nothing personal. The response is always "dunno what you're on about, our client wasn't even there!" even if they'd been sent a signed witness statement from the Queen

I had a month of the same before they grudgingly paid my Credit Hire company and then something like another 3 months before they coughed for the repairs. Much as the liability issue would, quite rightly, shit you up a bit it probably would have been better to take the hire bike if you feel the evidence you hold (which sounds 10x better than what I had) is solid.

If the driver of the car is the main policy holder, owner and named on the V5 then there's no real way I can see to wriggle out of it. "I lent it to a mate" etc. is where it all starts getting sticky (although let's not have this degenerate into another discussion about the validity of Third Party Insurance!)
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Royal Enfield Continental GT 535, Husqvarna Vitpilen 401, Yamaha XSR700, Honda Rebel, Yamaha DT175, Suzuki SV650 (loan) Fazer 600, Keeway Superlight 125, 50cc turd scooter

[stinkwheel]

[wr6133]

So 4th Dimension are also Surrey motorcycle Salvage..... so 4D handle the claim and then get Surrey Motorcycle Scamage to take the bike and store it?

They then rack up storage costs paying a company that is the actually them...... this company then ultimately also makes a load of money selling the salvage?

What a fucking scam. Bollocks to being told whiplash claims cause premiums to rise.

[arry]

[bugeye_bob]

[Mr Hammers]

[T.C]

[Easy-X]