Screw it... Update 14/08

[ColdInsomnia]

I'm in desperate need of advice... once again.


I was knocked off the Bandit back in early May. I was turning right from a main road into a side road, whilst a car was turning right from that same road, into the main road. As had already pulled out halfway across the road (though was stationary), I had to slow right down and do a sharp turn across the front of his car in order to enter the side road. As I was turning, he moved forward, and struck the rear right side of my bike. I bailed (I'm getting used to this shit), and the bike hit the floor hard.

The guy was helpful at the time, helped me wheel the bike to the side of the road. He gave me all his details, suggested a cash payment, and drove off. I rode the bike home, and upon getting my head straight I checked over the bike. The side plastics were badly damaged, and the left hand side engine casing had a large crack in it where the bike had struck the floor (The engine oil had sealed the gap during the ride home which had thankfully stopped any air getting inside).

Anyway, I phoned the guy up. He didn't believe me when I told him the engine casing was cracked (We didn't notice at the time, and since the car had hit the other side, I didn't think to check). So, knowing that he wasn't going to pay up in cash, I suggested taking it through the insurance. He agreed.

Anyway, my bandit was taken away to a local garage. A hire bike was delivered. That was two months ago. For the ENTIRETY of those two months, I received absolutely no information on the status of the claim. Bikers Legal Defence, whom are defending me, say that they've been trying to get hold of the third parties insurers (Swiftcover.com), but no to avail. They found it impossible to get through on the phone, and their letters have had no response.

Finally, last week the garage contacted me. They let me know that the third party insurers had contacted them asking for pictures of the damage to the bike. Obviously, I took this as notice that things were finally moving forward, and I was shortly going to get my bike repaired. Pictures were taken, and e-mailed.

Today, I've been informed, two months after the incident, that the third party insurers are disputing the liability.

Now I am royally screwed. The hire bike is being taken off me next week, and they won't extend the cover because of the liability dispute. My bike is no closer to being repaired. It's like the third party insurers are TRYING to piss me off. They could have told me there was a liability dispute TWO MONTHS ago. Things could have moved forward by now.

Instead, I am going to be bikeless next week. Even worse, I could have a claim against me, which will take my premiums to levels that I will not be able to afford in October. All for a crash that I was not responsible for. I have no witnesses (though there were literally dozens of people around at the time, not came to help... by the time I had my head sorted, everyone had moved on).

It's my word against his. And even if the claim DOES go in my favour, I'm still going to be without a bike for the duration that those bastards decide to make this claim last. I'm at the mercy of the third party insurers, who seem to be nothing more than a bunch of evil money-monkeys.




In short: A guy hit me off, I've been told liability is in dispute after two months of hearing nothing, I'm about to lose the hire bike and my own bike is still out of action.

Am I screwed?
____________________
Yamaha YB100 | Yamaha TZR125 | Yamaha XJ600S | Suzuki GSF600
"Our society is run by insane people for insane objectives. I think we're being run by maniacs for maniacal ends and I think I'm liable to be put away as insane for expressing that. That's what's insane about it."
John Lennon

[iooi]

I would say NO.

You had right of way as you were on the main road and he was at a give way junction. He should not have moved till it was safe to do so. Which from hitting you it clearly was not....

I would say his ins are trying to bully you into a 50/50 or even to give in. Get you legal lot booted into gear to get it sorted. Sounds like they are useless.... Fancy saying the other party would not answer the phone or letters.....

Did it get reported to the police ? Might help you a lot if it did. Do not know if you could go after 2 months, but at least they should give you a view point.

Could you not get your lot to foot the bill for repairs now and use that as the basis of the claim....

Do not give up, thats what they are hoping for.
____________________
Just because my bike was A DIVVY, does not mean i am......

[gmanxiii]

ah man, that sucks, ive been lumbered with BLD, they seem to take ages to get back to you, its now been 5 months since my accident and its only today that ive been told that they are disputing liability. Ive been told i should be able to get a hire bike though as ive not been able to ride due to my injuries.

Hope it gets sorted soon man.
____________________
I kills hondas

VFR400NC30 > ZZR600 > CBR600FX > CBR1000rr

[Ste]

Errr, 'Bikers Legal Defence' should be fighting your case for you. Drop them and go to a company who're competent. If the insurance company wants to dispute liability than Bikers Legal Defence should be dealing with it to make sure that the insurers do admit liability without needing to take it to court.

[ColdInsomnia]

Thanks for the replies.

No I didn't report the accident to the police... though it certainly would have been a good idea. Since no one was injured in the accident though, I was under the impression that the police would not be interested...?

I think that BLD are fighting against it. But I don't know how it's going to go. I know for a fact that I had right of way, as iooi said:

[iooi]

Time to be a bit loose with the truth...

YOU DID SIGNAL

and leave it at that, had you been a push bike would he still have done the same ?

Even if you had not signalled he would still have been at fault as he was moving out of a side road and you had right of way..
They are just looking for a way out.
____________________
Just because my bike was A DIVVY, does not mean i am......

[stinkwheel]

They are trying it on in the hope you'll give up. Have none of it. Do not accept or even imply you are going to accept any liability. Instruct your legal team to this affect.

They even tried it on with me when my accident was witnessed by a police officer and the other driver was charged with driving without due care and attention at the scene. They claimed the other driver was 'flashed out by another vehicle'. I replied with "So what?" (or words to that effect).

As for indicating. You gave a clear signal to indicate your intent to turn right. That is the sum total of what they need to know.

As has been said, the junction presumably had give-way markings on it. This means you have to give way to ALL traffic on the main road.
____________________
“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.

[Chriss]

Don't forget having to pay for the cost of hire, which often exceeds the cost of repairs.

Best of luck.
____________________
TheShaggyDA: I've got 3 or 4 pairs that predate my wife, so at least 11.5 years old.

[Skudd]

You have a phone and a PC. Phone / email EVERY day until they are so fed up of you they will sort it out pronto.
____________________
Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[st3v3]

[ColdInsomnia]

All the replies have really helped, I felt really down about the whole thing earlier... felt like I had no leg to stand on.

I'll ring my insurers tomorrow and confirm my intentions of not backing down. Someone mentioned that the road should have had give way markings, well it did, so yes, he should have given way to all traffic (including me).



One small issue remains. I'm quite confident that the claim will go my way... but I am still going to be without any transport at all.

Is there nothing to protect me from this... (for want of a better word) tactic? Disputing liability at the end of the hire period... It means that the hire cover cannot be extended. I'm bikeless until my own bandit is fixed.

I'm aware that I can take public transport and keep the receipts but to be honest... I don't really want to do that. Their client's negligence has put my vehicle out of action, and their own laziness has denied me any chance to repair it within the hire vehicles time.
____________________
Yamaha YB100 | Yamaha TZR125 | Yamaha XJ600S | Suzuki GSF600
"Our society is run by insane people for insane objectives. I think we're being run by maniacs for maniacal ends and I think I'm liable to be put away as insane for expressing that. That's what's insane about it."
John Lennon

[gmanxiii]

Im not too sure that bikers legal defence is a legal type thingy'ma bob... as they seem to be fobbing a lot of stuff to my solicitors... they've been described by my insurers and T.C as an accident management company if that makes sense? they make their money from charging to move and store a vehicle, damage assessments, repairs i think and hire vehicles.

ive not been too impressed by them so far.
____________________
I kills hondas

VFR400NC30 > ZZR600 > CBR600FX > CBR1000rr

[ColdInsomnia]

Small update for those interested (And another plea for advice).


After spending the entire week trying to reach my own solicitors (Rider Support), my claim handler explained to me that she had been off all week and had a large backlog of work that she had to get through... Nonetheless she contacted the 3rd parties insurers for me today.

They've blamed their inability to send an engineer to inspect my bike on the floods, my solicitor told them that if they were unable to inspect my bike before my rental bike is taken off me that I'll have to get another one hired from another company (Which, I'm assuming they'll be footing the bill for). Apparently, their answer to this was "Ok".

Does anyone know much about the legality of this whole charade? I understand that they have 3 months from the date of the claim in order to do... something? Which would mean they've got till about the 11th of August to accomplish something... Is it liability? Or must they send out an engineer by then?

Is there nothing I can do to speed this up? I just want my bike back on the road, I'm sick of rental bikes...

--- Whilst typing this, BLD have rung me to tell me that they're picking up the rental bike tomorrow. So, as of tomorrow, I am without transport.

All this hassle from being knocked off my bike, at SOMEONE ELSE'S FAULT, at 5mph!!!!
____________________
Yamaha YB100 | Yamaha TZR125 | Yamaha XJ600S | Suzuki GSF600
"Our society is run by insane people for insane objectives. I think we're being run by maniacs for maniacal ends and I think I'm liable to be put away as insane for expressing that. That's what's insane about it."
John Lennon

[hellkat]

[hellkat]

And continue to refuse to accept any liabiilty.

And insist that the liability was accepted by the driver at the scene of the accident. Did he say, "Oh, sorry, mate... didn't see you?"

If so, he's declared liability.

Possibly even the offer of cash is a declaration of liability.
Get your brief to look into it.

You may need witnesses to say they heard him declare liability and/or offer to pay you cash for the repair, else it may be considered to be your word against his.

But its surprising the people who are occasionally passing the scenes of accidents...
____________________
Not nearly as interesting in real life.

[Ste]

[Kal]

One of my friends had a car accident (hit by a bus) - the car was inspected a years and a half after the accident.

With it being their fault that you are losing the Hire Bike then you should pressure them to extend it until the case is settled.

'Harrasment' of the Insurance people handling the case or as I like to think of it Proactive contact does help.

I couldnt agree more with Hellkat, get any agreements with the Insurers in writing. Their memories can be truely shocking.

Also under no circumstances are you to admit anything. You were riding in complience with the Highway code. This nutbar is just trying to throw you to the lions to protect his NCB...

As an aside does anyone else remember when people did the right thing and weren't constantly trying to screw each other over for money?
____________________
Kal...
I Like To Hoon It Hoon It I Like To Hoon It Hoon It I Like To Hoon It Hoon It Ya Like To (HOON IT!).
1984 GB250 Clubman,1983 CB250N Superdream, 1999 GPZ500S

[DynamiteBoy]

[ColdInsomnia]

Just took the hire bike off me.

I'm now officially bikeless
____________________
Yamaha YB100 | Yamaha TZR125 | Yamaha XJ600S | Suzuki GSF600
"Our society is run by insane people for insane objectives. I think we're being run by maniacs for maniacal ends and I think I'm liable to be put away as insane for expressing that. That's what's insane about it."
John Lennon

[Jackyboy]

In short - "The European Communities (Rights against Insurers) Regulations 2002" say those words to the Third Party Insurers and then apply for a court hearing.
You'll have that claim settled in no time. PM me if you get more grief from them, I'll look at the case for you in depth
____________________
Insurance Beehatch Supremo- Direct any grumbles about repudiated claims my way
Yamaha SR125 - Scrapped 13/06/2006. Hyosung GT125R - Totalled 18/11/2006.
Honda VFR400R NC30 - Totalled 09/02/2007. CBR600F - currently in 1 piece...

[Kal]

Call your legal people. Get them to apply pressure. Do it now.
____________________
Kal...
I Like To Hoon It Hoon It I Like To Hoon It Hoon It I Like To Hoon It Hoon It Ya Like To (HOON IT!).
1984 GB250 Clubman,1983 CB250N Superdream, 1999 GPZ500S

[Jackyboy]

If it went up it means you were held liable for it. Premium wont increase for a non-fault allowed accident unless you have more than 6 in a 5 year period. Then the insurers wonder whether you know how to ride defensively.

[DynamiteBoy]

Just from car insurance experience (worked in admiral) - still went up, fault or not....price changed....
____________________
"I dont like my Job anymore - I dont think i'll go" OfficeSpace

Honda CG125 (sold) - Kawasaki GPZ500s (sold) - Kawasaki Zephyr 550 (sold) - Kawasaki er6n (current work horse)

[danclarkie]

Always best to get plod down, I know i once rang in a collision off duty to my local force who wouldnt attend because it was a non injury and details exchanged, which i found ridiculous! (what if one party had been drinking/was disqual/was driving due care/dangerously)
Get as many witness details at scene as possible, Independent witnesses are the holy grail. If the other party accept liability at the scene it could be worth getting that down on paper which they sign at the scene.( Most insurance companies tell their policy holders NOT to accept ANY liability at scene regardless of circumstance though)
Probably best to go to hospital unless your certain your totally un-injured, might have slightly dislocated something which is going to give you hell in 6 months time. Get as much as you can from the hospital regarding your medical state.
If police do attend get the Office in Case(OIC)'s collar number and station, ask for the Collision reference too.

I know this is locking the stable door after the horse has bolted but for future reference, Lots of petty collisions which you think are straight up and down get messy so if you have the paperwork behind you your in a stronger position.

As for the insurance compnay i would ring Swift cover and ask them whats happening, dont let them fob you off if they do ask to speak to thier supervision, threaten to put in a complaint against people if they are just fobbing you off.
Thats how i would do it anyway.

Just my
____________________
Bah Humbug

[Jackyboy]