Insurance Claim Help/Advice

[wasp78]

Hi folks, 1st post and its looking for some advice.

Exactly six months tomorrow I was knocked off my CBR on the dual carriageway outside Edinburgh airport by a yank tourist. Off work for a few weeks, bike written off, all my gear destroyed, some nasty swelling around the knees and been left with a permanent scar.

Anyways, to the question. When I put this through my insurers I got the value of my bike back minus excess and got their lawyers to deal with the rental company's insurer (he was in a rental).

Initially I was told that third party insurers legally have 90 days to investigate any incident. This is now six months down the line and I have yet to receive any compensation or the return of my expenses and excess. When I recently spoke to my insurers they have said that as third party insurers are apparently ignoring all correspondence they are going to start court proceedings.

Has anybody had any experience of such a claim going to court or one as cut & dry (police put other driver at 100% fault) take so long? I feel like I am continually being fobbed off. Any advice please?

Thanks,

Al

[Rogerborg]

[M-C]

Its my understanding that legal action's (normally) to speed up the claim, seems strange if they're genuinely ignoring all correspondence.

Regarding timescale I've heard of clear-cut cases (when someones been rear-ended) taking a year to settle when liability's been disputed.

My accident was last April & I've got a trial date of early May.

[wasp78]

Thanks for the replies guys.

Just to clarify it was lawyers appointed my insurers.

Reassuring (in a non offensive way haha) to know that others have had to wait a considerable time for a payout. Suppose I will just have to wait it out and hope it gets sorted for the European summer trip.

In a bit of a mood today as some cager in the filter right lane clipped my mirror at around 15mph this morning causing me to lose balance and drop my 8 month old W800

Don't even think he realised he got me as he carried on his merry way - it's been a bad few months lol

[M-C]

[T.C]

Your claim comes under what is called the fast track scheme which is for minor injuries of £25,000 or less.

It is dealt with on the portal scheme and legal fees are capped at £500 + VAT if liability is admitted.

Once the letter of claim has been sent to the third party, they do indeed have 3 months to carry out their own investigation before responding, and then depending on whether liability is admitted determines whether the case remains in fast track or is upped to multi track which is the point where fees become uncapped.

Even though your injuries were relatively minor, if you settle inside 12 months from the date you made a ful recovery or date of crash (whichever the sooner) it usually means that your claim is beig udervalued, and if in 18 months time you still have ongoing problems and you have settled your claim, it means that your only option is to either accept the low amount and put it down to experience, or sue your solicitors for professional negligence (there is a time limit of 7 years for this) and you sue for the difference between what you settled for and the true value of your claim.

Panel solicitors often sit on claims simply because you are one of many, and even though you are in Scotland where the rules are a little different, the principal of handling a claim is the same as in England.
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[M-C]

[T.C]