2 lots of (legal) Advice required

Slavo · Spanner Monkey Joined: 07 May 2004 Karma :

Following my accident last month, I have since had an accident repair damage report done. The 3rd party's insurance company had assessed the bike. Since then they had "lost" the report made by their engineer.

A person from the 3rd party's insurance company phoned my home telephone number from fowler's (where it was for the report) after I took it away.

I took it away on advice from my solicitor as Fowlers were going to charge £10 per day to store it. I had to pay for the estimate and also collection of the bike from my house to fowlers.

Well the insurance person (I think it was the engineer) asked my girlfriend questions about the bike. They asked:

Did I personally collect the bike from fowlers.

Did I personally pay the outstanding balance, and asked again if I had paid this personally.

Is the bike at my home address now

Am I right in thinking that they are not allowed to contact me directly as they must go through my solicitor? My girlfriend answered all these questions as I was in work.

Secondly, I have received a letter from my solicitor which reads as follows:

Stu_666 · Brolly Dolly Joined: 27 Jun 2004 Karma :

Well, I used to work in a Solicitors doing uninsured loss recovery stuff (its going back a few years now so the old nogging is trying to remember!) but that seems like a pretty standard letter Solicitors used to do. Basically, unless they're Solicitor/insurance company states something along the lines that they're client accepts full liability for the accident, never assume that liability isn't contested. I also used to find that third party valuations were sh*te in terms of the value of the vehicle so would try for as much as I could i.e as your Solicitor says in the letter, try and get advertisements of bikes for sale which are similar to yours.

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

I would say that they have said nothing about liability, merely what would be paid out should they accept liability.

Realistically how much is the bike worth?

All the best

Keith
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Slavo · Spanner Monkey Joined: 07 May 2004 Karma :

In the state its in now.... I'd say about £1000

In the state it was, I paid £2000 for it.

The damage is cosmetic.

I will not be contesting the valuation.

dibbster · Nearly there... Joined: 15 Apr 2004 Karma :

silent · Scooby Slapper Joined: 10 Apr 2004 Karma :

Dude make sure they know about personal injury if you are claiming for it. Also tell your soliciter about the phone call that your girlfriemnd dealt with, the most I ever had in my 2 accidents was the other insurers sorting out with me and an engineer to value the bike, and in my experience their valuations have been pretty fair, as they are impartial by law.

Dont assume that you have won until you get a letter saying so, it depends on the soliciter, my current/recent one is friendly and honest and was willing to say that I would win, but that was off the record, that is probably what the soliciter is infering, they think almost certainly that you should win but they aint willing to say it officially.

I think I have answered the 2 questions if you followed what I said... oh yeah and hassle the soliciter if they dont seem proactive, make them work and try to befriend them, thats been my tactic, it keeps them on their toes and on your side.

regards

Andy

p.s. sorry to hear its technically a write off.

Slavo · Spanner Monkey Joined: 07 May 2004 Karma :

Further to my letter received yesterday, I have received another today. This time it's much better news!

silent · Scooby Slapper Joined: 10 Apr 2004 Karma :

Glad to hear it mate, but dont say it aint going to take long until you have the money...insurance companies can still be a pain in the butt... although once they admitted liability in my case money came through quite quickly, however I am still tryig to sort out the personal injury...

Andy

Slavo · Spanner Monkey Joined: 07 May 2004 Karma :

Yes, I fully understand that the personal injury claim can take years. My Grandad had a bump up the rear in his car and it took ages.

I'm in no hurry for that though.

Fat Controller · Two Stroke Sniffer Joined: 24 Mar 2004 Karma :

Do a quick check on auto trader to see what other bikes are going for of same age condition and mileage - exclude the private adds and go about mid way at least on prices in the dealers ads. If the offer is too low for the bike print the examples out and ask for more.
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