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got hit & run, not a potato, what do?

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Tierbirdy
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PostPosted: 12:26 - 28 Mar 2017    Post subject: got hit & run, not a potato, what do? Reply with quote

As seen over yonder, I got twatted off last night.

So question is, what do?

Popo are already involved they were at the scene. Got the fuckers reg plate, though at the time I didnt realise theyd actually made contact with me, so I told the plod that what I thought happened was the 3rd party cut infront of me, and I had the choice to either definitely crash into the back of them, or brake hard and hope not to drop it.

I thought it was strange, Ive locked up wheels braking hard before and managed to recover it, this felt nothing like that, one minute I was upright, the next Im sprawled all over the road. On viewing my helmet cam footage, it shows they did clip my front wheel an thats why I dropped it.

Ive heard all sorts of horror stories about getting shafted for hire bike replacement costs, incompetant claims handlers, people saying to not bother with insurers nut go direct to a specialidst motorbike solicitor etc and dont really know what to do, Ive never done this before.

So what do I do? How do I minimise my losses and avoid these nightmare stories, and most importantly maximise my payout?

Im insured TPFT with Carole Nash. Ive started the claim with them already, Ive got legal cover too and theyve been in touch.
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woo
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PostPosted: 12:28 - 28 Mar 2017    Post subject: Reply with quote

guess you may be able to claim off the MIB but if your full comp you prob wont be able to as they may say claim off your policy
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owl
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PostPosted: 12:31 - 28 Mar 2017    Post subject: Reply with quote

Tierbirdy wrote:

Im insured TPFT with Carole Nash. Ive started the claim with them already, Ive got legal cover too and theyve been in touch.


woo wrote:
guess you may be able to claim off the MIB but if your full comp you prob wont be able to as they may say claim off your policy


Eh?
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Ste
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PostPosted: 12:32 - 28 Mar 2017    Post subject: Reply with quote

It's nothing to do with your own insurance. Thumbs Up
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owl
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PostPosted: 12:34 - 28 Mar 2017    Post subject: Reply with quote

Ste wrote:
It's nothing to do with your own insurance. Thumbs Up


this ..

my first guess would be finding out who the div is that decided to hit and run, second would be getting his insurance details, then probably press charges
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arry
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PostPosted: 12:36 - 28 Mar 2017    Post subject: Reply with quote

https://www.askmid.com/

Use the Roadside service; get insurer details, submit claim directly to TP insurer informing them that a) you have video evidence, b) their driver left the scene of the accident and are likely facing prosecution, c) you have not enacted any solicitors to work on your behalf at this moment in time and, subject to their swift acceptance of liability and their furnishing you with a hire vehicle, you won't be instructing solicitors at all, unless they start to dick you around with the personal injury element of your claim.
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Tierbirdy
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PostPosted: 13:02 - 28 Mar 2017    Post subject: Reply with quote

arry wrote:
https://www.askmid.com/

Use the Roadside service; get insurer details, submit claim directly to TP insurer informing them that a) you have video evidence, b) their driver left the scene of the accident and are likely facing prosecution, c) you have not enacted any solicitors to work on your behalf at this moment in time and, subject to their swift acceptance of liability and their furnishing you with a hire vehicle, you won't be instructing solicitors at all, unless they start to dick you around with the personal injury element of your claim.


Sounds like a good plan, though Ive already had to start the claims with them, is it still too late to try and strongarm them myself? Or should I just let CN's legal team get on with it?
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Rogerborg
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PostPosted: 13:02 - 28 Mar 2017    Post subject: Reply with quote

arry wrote:
informing them that a) you have video evidence,

I believe Andrew Dalton's advice on that is to let the other driver lie all the lies they're going to lie, then show how lying a liar they are.

What reckon you? Is that just over-complicating things?
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B5234FT
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PostPosted: 13:03 - 28 Mar 2017    Post subject: Reply with quote

Police are involved and have his reg plate?

In which case surely they will have taken a statement and any evidence (footage) and are currently getting in touch with the guy to charge him with failing to stop?

Surely also therefore you can pass on his reg to your insurer, as well as informing them of the accident and they will take it up with his insurer?

Sure, he may deny it, but then back to the police again....
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Tierbirdy
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PostPosted: 13:09 - 28 Mar 2017    Post subject: Reply with quote

B5234FT wrote:
Police are involved and have his reg plate?

In which case surely they will have taken a statement and any evidence (footage) and are currently getting in touch with the guy to charge him with failing to stop?

Surely also therefore you can pass on his reg to your insurer, as well as informing them of the accident and they will take it up with his insurer?

Sure, he may deny it, but then back to the police again....


Popo have taken a statement, my side was given above. I told them about my camera but said Id have to wait til I got home and review it first to see if it caught anything (e.g anything the other party insurance might use to make me like Im riding like a kitten murdering hooligan 10 mins prior). I havent given popo the other party's reg because at the time I didnt know Id captured it. I tried getting hold of them on 101 to update them but according to the local road collisions team it hasnt been put on their system yet, they said it normally takes 2-3 days.
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Andy_Pagin
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PostPosted: 13:20 - 28 Mar 2017    Post subject: Reply with quote

Rogerborg wrote:
arry wrote:
informing them that a) you have video evidence,

I believe Andrew Dalton's advice on that is to let the other driver lie all the lies they're going to lie, then show how lying a liar they are.

What reckon you? Is that just over-complicating things?
Probably best to give your insurers the whole picture and leave the legalistic skulduggery up to them. I suspect the police won't mention video evidence until after they've interviewed the TP under caution.
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Rogerborg
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PostPosted: 13:41 - 28 Mar 2017    Post subject: Reply with quote

Andy_Pagin wrote:
Probably best to give your insurers the whole picture

Nothing to do with OP's insurers.

Ambulance chasers, maybe, but I'd agree with arry that you might get a quicker resolution by bypassing them and going direct.

Unless OP's shoulder is spazzed, in which case it's lawyer-up time.
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arry
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PostPosted: 14:12 - 28 Mar 2017    Post subject: Reply with quote

Rogerborg wrote:

I believe Andrew Dalton's advice on that is to let the other driver lie all the lies they're going to lie, then show how lying a liar they are.

What reckon you? Is that just over-complicating things?


Can't really see what purpose it would serve. The indemnity decision is going to be decided by the video evidence ultimately; one person's version of events laid out factually correctly or incorrectly on purpose isn't going to change it.
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rpsmith79
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PostPosted: 14:51 - 28 Mar 2017    Post subject: Reply with quote

Rogerborg wrote:
Andy_Pagin wrote:
Probably best to give your insurers the whole picture

Nothing to do with OP's insurers.


Well it is, that is what you pay your insurance premiums for, let them do all the leg work, you are paying for that exact reason
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arry
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PostPosted: 14:52 - 28 Mar 2017    Post subject: Reply with quote

rpsmith79 wrote:

Well it is, that is what you pay your insurance premiums for, let them do all the leg work, you are paying for that exact reason


He's third party fire and theft, not fully comprehensive. His policy does not cover his damage; they won't handle the claim for him.
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rpsmith79
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PostPosted: 14:54 - 28 Mar 2017    Post subject: Reply with quote

arry wrote:
rpsmith79 wrote:

Well it is, that is what you pay your insurance premiums for, let them do all the leg work, you are paying for that exact reason


He's third party fire and theft, not fully comprehensive. His policy does not cover his damage; they won't handle the claim for him.


But he isn't trying to claim on his own insurance, he is using his insurance company to fight his claim against the car driver

How can he make a claim against the car owner if he only has a reg plate to go off
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arry
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PostPosted: 15:05 - 28 Mar 2017    Post subject: Reply with quote

rpsmith79 wrote:

But he isn't trying to claim on his own insurance, he is using his insurance company to fight his claim against the car driver

How can he make a claim against the car owner if he only has a reg plate to go off


For the sake of good order, I'll outline what an insurance 'company' is. It's the company providing the indemnity behind the paper. Then there's an insurance 'intermediary' or 'broker' who are the ones placing the client with the insurance company. Then there are legal expenses 'insurers' who provide access to a panel of chosen solicitors to recover your uninsured losses (those which the insurer will not pay for).

In this instance the insurance company are providing cover for third party, fire and theft, and legal liability to third parties - they do not provide cover for accident damage or personal injury to the insured person. They are not concerned with this incident. Their claims handling goes as far as to satisfy the heads of cover we've already outlined. This isn't one of them. The phone would go silent on the other end.

The insurance intermediary will have already, via the 'Legal Expenses provider', have fired up the National Accident Helpline batphone or similar by virtue of the lovely referral fee they'll no doubt be getting paid by the, obviously well qualified and extremely competent firm of choice. These dickwads are interested but only insofar as they want to make coin on fees. You're just as able to choose and instruct your own, more specialist, actually able solicitor and indeed that would be best advice. They will help him 'fight' his slam dunk case and ramp up their fees nicely, which will all effectively come out of his settlement money.

Or, he can decide not to use the mongs that the legal expenses provider, umm, provides, and go direct to the third party insurer (finding the details via AskMID as already pointed out) and then deal with them direct to find an amicable indemnity solution.

But for clarity again, his insurance company will not in any way shape or form provide any indemnity nor assistance in this matter.
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M.C
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PostPosted: 15:54 - 28 Mar 2017    Post subject: Reply with quote

First thing to do is post the video Wink Your insurer will probably refer you to their preferred solicitor (whoever's paying them the most), who will likely be shit. Find out who they're and then find your own. The only reason for using them would be if they have some sort of deal in place which benefits you. I believe ordinarily they want 25%, so if that's waived it might be worth dealing with a shit solicitor, alternatively people have proved on here you can negotiate before they take the claim on.

Hire bikes are a tricky area, but didn't you say your shoulder was dislocated? Ultimately they should be part of the claim, but they're an expensive scam, so you really don't want to be left with the bill for one. As you're not sure who the driver is, and if they're going to own up I'd be a bit nervous about having one.

Also be careful of storage fees. This in no way benefits you, they'll keep your bike somewhere charging the other party x amount per day, then tell you to come and get your bike. If you have somewhere to store it have it recovered to there, you can claim for the recovery fee.
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Tierbirdy
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PostPosted: 17:22 - 28 Mar 2017    Post subject: Reply with quote

Regarding the video, some people are saying not to post it online anywhere for ???REASONS???, so should I or shouldnt I? I know you want to see me hit the deck like a beached whale Laughing

Carole Nash have been superbly helpful so far, within an hour of phoning them everythings been started. Also legal/personal injury people have said I pay nothing tp them regardless of outcome, no win no fee and if I win 3rd party pays their fees and blood money %.

Hire bike seems to imply that as well, regardless of outcome, I dont have to pay. 3rd party pays, or comes out of my legal cover? Will need to get that clarified first. I dont particularly need one right away, but I will need it when Im fit to go back to work whenever that will be (docs reckon being optimistic 3-4 weeks perhaps?)
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M.C
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PostPosted: 17:33 - 28 Mar 2017    Post subject: Reply with quote

Someone has to pay for the hire bike, but I'm not sure you'll get one 3-4 weeks after. I think I received the cheque for my bike after a month, even though the claim took 18 months to settle.
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Rogerborg
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PostPosted: 18:02 - 28 Mar 2017    Post subject: Reply with quote

Tierbirdy wrote:
Carole Nash have been superbly helpful so far, within an hour of phoning them everythings been started.

What's been started? I'm struggling to think what they've done other than to pass your details onto an ambulance chaser, and perhaps try to rent you a bike at some eye watering daily rate.


Tierbirdy wrote:
Also legal/personal injury people have said I pay nothing tp them regardless of outcome, no win no fee and if I win 3rd party pays their fees and blood money %.

So, they've started out by lying to you. It's been very nearly 4 years to the day since ambulance chasers could bill the losing party. (tl;dr summary - they can't bill the other party, they can bill you up to 25% of your winnings).

They may have meant that your legal cover would pay them, but that's apparently not what they said.
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Tierbirdy
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PostPosted: 18:11 - 28 Mar 2017    Post subject: Reply with quote

Theyve arranged a company called Plantec to collect my bike and tell me its a write off (probably, nobody is going to want to restore a near 15 year old fazer surely?), same company will deliver a hire bike, and a new helmet (that I can keep, isnt that nice? Itll probably be a chinese unbranded special but free lid is free).

CN have said they (by they I assume whoever my underwriters are, Aviva I think? As far as I know CN are just a broker and liaison?) will be going after the other party's insurers as a no-fault (of mine) claim for cost of bike/gear/injury etc.

Mildly concerned about that no win no fee not allowed anymore thing though...

EDIT: ok Ive re-read the PI small print, what it says is that I do indeed have to pay their costs if I win, however they will also automatically seek to get that reimbursed by the other party as well. So I do pay, but I get it back (maybe?).
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Baggyman
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PostPosted: 18:28 - 28 Mar 2017    Post subject: Reply with quote

Tierbirdy wrote:
Theyve arranged a company called Plantec to collect my bike and tell me its a write off (probably, nobody is going to want to restore a near 15 year old fazer surely?), same company will deliver a hire bike, and a new helmet (that I can keep, isnt that nice? Itll probably be a chinese unbranded special but free lid is free).

CN have said they (by they I assume whoever my underwriters are, Aviva I think? As far as I know CN are just a broker and liaison?) will be going after the other party's insurers as a no-fault (of mine) claim for cost of bike/gear/injury etc.

Mildly concerned about that no win no fee not allowed anymore thing though...


Not who I would choose.....

https://beta.companieshouse.gov.uk/company/05512544
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Ste
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PostPosted: 18:29 - 28 Mar 2017    Post subject: Reply with quote

They're delivering you a random helmet? Laughing

Be very careful with signing paperwork for the hire bike because you do not want to end up being liable for the bill.

It's nothing to do with the broker or the underwriter of your policy. All your legal cover gets you is Carole Nash get paid for referring your case to some paralegal claims management monkeys. They've already shown you their professionalism by bullshitting you about how if you win then the third party pays their fees and they're in the process of stinging you with the hire bike paperwork right now. Thumbs Up

The road ahead is not clear.
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Tierbirdy
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PostPosted: 18:46 - 28 Mar 2017    Post subject: Reply with quote

Baggyman wrote:


Shocked I am strongly hoping its a different company... Ive been given www.plantecassist.co.uk

Ste wrote:
They're delivering you a random helmet? Laughing

Be very careful with signing paperwork for the hire bike because you do not want to end up being liable for the bill.

It's nothing to do with the broker or the underwriter of your policy. All your legal cover gets you is Carole Nash get paid for referring your case to some paralegal claims management monkeys. They've already shown you their professionalism by bullshitting you about how if you win then the third party pays their fees and they're in the process of stinging you with the hire bike paperwork right now. Thumbs Up

The road ahead is not clear.


Yeah this is getting stranger and stranger, this is why I need auntie BCF in my corner to explain all this! And yeah, random lid too as part of the deal Laughing
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