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Tracer1234 |
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Tracer1234 World Chat Champion
Joined: 13 Sep 2014 Karma :
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Posted: 01:05 - 12 Jun 2017 Post subject: Ball bag crash, + UPDATE! |
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So, as found here, I had a crash, that nearly made me lose half my man hood. But putting that nonsense to one side. I have a few questions that would be amazing to get some help on.
Details:
-As shown in that post, the Old man was 100% to blame, as admitted by himself, to me, the witnesses and again, to police, that i believe on body cam.
-Police said that its clear cut that it his fault
-There is dash footage
-Police said that there was no way i was speeding, backing up my story. Witnesses also said I was not speeding, backing up my story.
-Tyres had done no more that 500 miles.
-Police spent time with us both, swapping details etc etc.
-I have contacted insurance.
-Police said that there were three options. 1/ put it down as being an accident. 2/ send the man on a course, and make him do some sort of fitness to drive test as well as a letter from gp. 3/ points and probable loss of licence.
-It was agreed that option 2 was fair, also meaning that by accepting the course, he is admitting responsibility.
So any advice would be amazing, as well as these questions. would be good to know any traps to avoid and get ahead of.
1. Will it affect my insurance in the long term
1a. Any chance its NOT a write off.
2. Will there be any dispute when it comes to who's fault, despite the police involvement and opinion, as well as the road lay out etc etc
3. I got the bike about 6 weeks ago, how much am I expecting to get back?
4. Will i get money for helmet?
5. How long am i expecting to wait for all this.
6. Can i expect a hire bike?
7. Will I be able to retrieve bits such as mud guard extender, dust caps, phone holder etc?
Im sure there will be more questions that pop up along the way. Karma will be flowing for any help and advice as I really appreciate it.
Absolute gutted about it all tbh.
Thank you all. ____________________ Riding: Yamaha MT-09 Tracer Occasionally Riding: 08 Suzuki SV650, Potato: 2011 Yamaha YBR Custom.
Used to ride: 2015 Yamaha MT-09 Tracer (smidsy) 09 Triumph Street Triple (P/X'd) 08 Yamaha YBR (Sold)
CBT 04/14. A: Mod 1 & 2 13/04/15
Last edited by Tracer1234 on 22:53 - 08 Jul 2017; edited 1 time in total |
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CaNsA |
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CaNsA Super Spammer
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Tracer1234 |
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Tracer1234 World Chat Champion
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CaNsA |
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Stalk |
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Stalk Brolly Dolly
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 06:56 - 12 Jun 2017 Post subject: |
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What CaNsA said.
Claim for everything. It's not your fault, and you shouldn't be out of pocket one penny. Vehicle, gear, travelling expenses, any lost income, dem feels.
Deal directly with the geezer's insurer. It has nothing to do with yours unless you want to claim on your own comprehensive insurance first and recover the excess later, but then you're dealing with two lots of insurers.
Go via a claims management company if and only if the insurer(s) start giving you trouble. They're not free and not your mates and are likely to be staffed by incompetent pseudo-legals. If you do go with one, choose your own, ignore any clowns that your insurer tries to sell "refer" your claim to.
Press the 3rd party insurer to settle the vehicle and gear damage ASAP and separately from the medical side.
Medical might take years to settle. Get plenty of pictures. Don't assume things will just get better.
First offers are the start of negotiations.
It is an incontrovertible objective fact that Marmite tastes awful. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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wr6133 |
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wr6133 World Chat Champion
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Tracer1234 |
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Tracer1234 World Chat Champion
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wr6133 |
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wr6133 World Chat Champion
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P. |
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P. Red Rocket
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Tracer1234 |
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Tracer1234 World Chat Champion
Joined: 13 Sep 2014 Karma :
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Posted: 09:33 - 12 Jun 2017 Post subject: |
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Does the helmet go though the normal insurance then, or is that part of the nonsense with the solicitor as uninsured losses?
Main question, what would be the QUICKEST way of getting this sorted.
____________________ Riding: Yamaha MT-09 Tracer Occasionally Riding: 08 Suzuki SV650, Potato: 2011 Yamaha YBR Custom.
Used to ride: 2015 Yamaha MT-09 Tracer (smidsy) 09 Triumph Street Triple (P/X'd) 08 Yamaha YBR (Sold)
CBT 04/14. A: Mod 1 & 2 13/04/15 |
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P. |
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P. Red Rocket
Joined: 14 Feb 2008 Karma :
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Posted: 09:41 - 12 Jun 2017 Post subject: |
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Tracer1234 wrote: | Does the helmet go though the normal insurance then, or is that part of the nonsense with the solicitor as uninsured losses?
Main question, what would be the QUICKEST way of getting this sorted.
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Its a loss, it goes to their insurance. Not yours, yours can fuck off out the front door. You are rinsing this mugs insurance.
Quickest, there isn't a quick way. My claim for injury and such took 3 years, however you can request interim payments, easier if liability is proven.
You'll be given, or should be given a few forms, one of those will be losses, list absolutely everything. Whilst I'm not really the claiming type for little accidents, if someone clearly ignored me and fucks me up, I'd claim for everything. I've known people to borrow laptops with broken screens and claim they were in your bag and now the screens all fucked up... same with phones.
With the bike though, thats fucked. It snapped the fucking yoke Those forks must have been well and truly hit, that frame could have countless bent and fucked bits now. Cat B probably
Coming BBQ? Wanna see these semi-plums |
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mudcow007 |
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mudcow007 World Chat Champion
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Tracer1234 |
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Tracer1234 World Chat Champion
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Posted: 10:36 - 12 Jun 2017 Post subject: |
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Paddy. wrote: | Tracer1234 wrote: | Does the helmet go though the normal insurance then, or is that part of the nonsense with the solicitor as uninsured losses?
Main question, what would be the QUICKEST way of getting this sorted.
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Its a loss, it goes to their insurance. Not yours, yours can fuck off out the front door. You are rinsing this mugs insurance.
Quickest, there isn't a quick way. My claim for injury and such took 3 years, however you can request interim payments, easier if liability is proven.
You'll be given, or should be given a few forms, one of those will be losses, list absolutely everything. Whilst I'm not really the claiming type for little accidents, if someone clearly ignored me and fucks me up, I'd claim for everything. I've known people to borrow laptops with broken screens and claim they were in your bag and now the screens all fucked up... same with phones.
With the bike though, thats fucked. It snapped the fucking yoke Those forks must have been well and truly hit, that frame could have countless bent and fucked bits now. Cat B probably
Coming BBQ? Wanna see these semi-plums |
Thank you mate, I thought it would be a write off.
If I do go down the route of compo for belongings, injurys, helmets etc, will that slow down proceedings for getting the money for the bike. Do I keep these issues separate. Basically, I really want the bike side of things settled asap as I am not wanting to waste half the summer watching the nice weather go by. ____________________ Riding: Yamaha MT-09 Tracer Occasionally Riding: 08 Suzuki SV650, Potato: 2011 Yamaha YBR Custom.
Used to ride: 2015 Yamaha MT-09 Tracer (smidsy) 09 Triumph Street Triple (P/X'd) 08 Yamaha YBR (Sold)
CBT 04/14. A: Mod 1 & 2 13/04/15 |
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T.C |
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T.C World Chat Champion
Joined: 05 Nov 2003 Karma :
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Posted: 10:51 - 12 Jun 2017 Post subject: |
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Tracer1234 wrote: |
If I do go down the route of compo for belongings, injurys, helmets etc, will that slow down proceedings for getting the money for the bike. Do I keep these issues separate. Basically, I really want the bike side of things settled asap as I am not wanting to waste half the summer watching the nice weather go by. |
The damage/loss element of the claim can be settled quite quickly once liability has been admitted by the other side.
Bear in mind though that if the Police attended, it may be several months before a copy of the Police report is sent out as it will not be released until the file is closed, and the defendant insurers are allowed 3 months to make carry out theor own investigation before decding on whether to admit liability and even then they may deny liability until such time as the Police report is made available or the outcome of any court case is known.
If your case is being handled by a claims management firm, then there is a possibility that it has been placed on what is called Fast Track (Claims valued at less than £25,000) and you will have a legal executive handling it. Therefore they will go for a quick settlement and an under valuation
The injury element is treated seperately because that will take some time to determine a value, simply because until such time as you have made a full recovery, or you have recovered as best as you are likely to and a long term prognosis has been made in respect of future problems, no value can be placed on that part of the claim.
Also bear in mind that once liability has been admitted, and if asked for, the defendant insurers must pay for private medical treatment if required as they are obliged to mitigate their losses and assist in getting you back to a reasonable level of health as quickly as possible.
But the bottom line is that once liability is sorted and assuming that there is no contributory negligence to contest, the damage element of the caim can be sorted quite quickly.
It is the injury element that takes much longer, and assuming that you make a full recovery quickly, you are still looking at 12 - 18 months before settlement because if it is settled too quickly and you sign a full and final settlement but a year or more later you are still having issues, you cannot go back and say that you want more money unless you sue for professional negligence. ____________________ It is better to arrive 30 seconds late in this world, than 30 years early in the next |
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Freddyfruitba... |
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Freddyfruitba... World Chat Champion
Joined: 20 May 2016 Karma :
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Posted: 11:23 - 12 Jun 2017 Post subject: Re: Ball bag crash, help and advice please. |
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CaNsA wrote: | 7. Will I be able to retrieve bits such as mud guard extender, dust caps, phone holder etc?
Ask your insurer. |
I concur with CaNsA on all his replies above, but would have thought that regarding your 'bits' (well, your mechanical 'bits' at least ) the straightforward and simple answer is just to add the cost of new mud guard extender, dust caps, phone holder etc to your claim. The insurance co will own the bike once they've paid you out, and they won't just give you cart blanche just to go and retrieve bits off it (wheels, engine, seat, brakes, who knows!?) as that will obviously reduce the value of the wreck, so by asking, even if they do agree you're adding complexities which you don't need to do. Just keep it simple.
Can't believe you're worrying about your bloody dustcaps given the state of your nut... any news on that front? How are you doing? Do you know if you get to keep it yet? ____________________ KC100->CB100N->CB250RS--------->DL650AL2->R1200RS->R1250RS |
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Tracer1234 |
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Tracer1234 World Chat Champion
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T.C |
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T.C World Chat Champion
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155mph |
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155mph Nova Slayer
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P. |
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P. Red Rocket
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Exile71 |
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Exile71 Two Stroke Sniffer
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Wonko The Sane |
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Wonko The Sane World Chat Champion
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Tracer1234 |
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Tracer1234 World Chat Champion
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Tracer1234 |
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Tracer1234 World Chat Champion
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chickenstrip |
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chickenstrip Super Spammer
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Posted: 16:05 - 12 Jun 2017 Post subject: |
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Paddy. wrote: | 155mph wrote: | Check policy but I think you might have to report it to your insurers even if you are not intending to make a claim.. |
Why inform the cartel. No legal requirement to do so. |
If he claims from the third party's insurance, will his own insurers not be able to see that he has been involved in an accident from some sneaky database or something? ____________________ Chickenystripgeezer's Biking Life (Latest update 19/10/18) Belgium, France, Italy, Austria tour 2016 Picos de Europa, Pyrenees and French Alps tour 2017 Scotland Trip 1, now with BONUS FEATURE edit, 5/10/19, on page 2 Scotland Trip 2 Luxembourg, Black Forest, Switzerland, Vosges Trip 2017
THERE'S MILLIONS OF CHICKENSTRIPS OUT THERE! |
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Old Thread Alert!
The last post was made 6 years, 312 days ago. Instead of replying here, would creating a new thread be more useful? |
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