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sjc
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Joined: 09 Oct 2015
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PostPosted: 19:18 - 05 Sep 2017    Post subject: Insurance claiming. Reply with quote

So I got taken out on Saturday morning and a little confused as to if I have a handle on everything I need to do.
I have reported it to his insurance he has admitted liability.
Been to the doctors been referred for physio which I believe I will be getting privately payed for by his insurer. Police have been informed.
Bikes getting collected Friday to be assessed.
And have had a loan bike delivered today for getting about on.
As I am self employed I have reduced my work load, but taking time off completely is a bit of a no go.
His insurers seem to be quite keen to make he process as smooth as possible is this the norm or is there some sort of catch I am missing.
I am going on holiday for a week at the end of next week. Is it ok to do this while in a process of claiming, I can't imagine I will be 100% healed by the time we go away but would rather not cancel the holiday if possible.
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Wonko The Sane
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PostPosted: 19:51 - 05 Sep 2017    Post subject: Reply with quote

When I got knocked off I dealt directly with the other chap's insurance who wanted to get things sorted swiftly as it's in their interest to do so and keep costs down.

they'll be paying quite a bit for the hire bike (I assume they offered and have accepted the costs for it) to the extent that the 3 weeks it took for my friend's claim to be settled they could have just bought her a new bike!

I had physio courtesy of the other chap's insurance for six weeks, after which I was deemed to not need further physio and a week or two later settled the personal injury side (don't let them rush this part as it can take a while for things to show and settle)
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sjc
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PostPosted: 20:00 - 05 Sep 2017    Post subject: Reply with quote

Wonko The Sane wrote:


they'll be paying quite a bit for the hire bike (I assume they offered and have accepted the costs for it) to the extent that the 3 weeks it took for my friend's claim to be settled they could have just bought her a new bike!

Yeah the hire bike was suggested by them. They originally offered a hire car but I declined that. very unsure about what should happen with the hire bike if they haven't settled by the time I go on holiday. I guess return it and they can provide another if needed when I return?
If holidaying is still a sensible option anyway
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Wonko The Sane
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PostPosted: 21:11 - 05 Sep 2017    Post subject: Reply with quote

have that conversation with them, in theory, they could say you don't need it during that time so they shouldn't have to pay for it.

The counter argument is "I'd have had my bike had I not been in the accident"

Depending on damage to your bike it may take longer or not. "I'm going on holiday and not taking the bike, did you want to collect it while I'm away?" puts the decision in their court.

My phone call was "I'm going on holiday the day after tomorrow so there's no point giving me a courtesy vehicle until I get back"

Got home and they'd not done anything (bike was at local garage) so sorted out a vehicle, I suggested a car as I'd not been riding that long and was still on a restricted licence so could have been tricky getting something I could ride that wasn't a 125cc (my commute at the time was mainly motorway)
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sjc
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PostPosted: 21:38 - 05 Sep 2017    Post subject: Reply with quote

Will see what happens on friday as I guess it could all be settled quckly in regards to the actual motorbike part. But yeah if that bit looks like it will drag into holiday time as well then they are welcome to the hire bike back while I am away I won't need it.
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MarJay
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PostPosted: 21:49 - 05 Sep 2017    Post subject: Reply with quote

If there's any question over the other parties liability, I'd return the bike immediately. You could end up being rinsed for the cost of the hire which will be extortionate. If you don't need the bike for work, send it back.

https://www.whitedalton.co.uk/motorbike-blog/2016/12/hire-bike-charges/
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M.C
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PostPosted: 00:14 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

sjc wrote:
Bikes getting collected Friday to be assessed.

Doesn't need to be collected, they can assess it wherever. They want it so they can charge the other side storage fees, then you'll get told to collect your bike at the end of it (it's no benefit to you). If you're hoping to (maybe) buy back the salvage don't let them take it.

Not sure about returning the hire bike and getting another. I believe you're meant to have the bike for about a month, so it's up to you if you want to tell them. Don't think I rode mine for the first week as I was still off work.
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CaNsA
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PostPosted: 02:38 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

sjc wrote:
I am going on holiday for a week at the end of next week.
I can't imagine I will be 100% healed by the time we go away but would rather not cancel the holiday if possible.


Don't cancel, but claim for loss of leisure time because you will not be fully enjoying your jollyday.

Quote:
Is it ok to do this while in a process of claiming


Fuck yeah.
It's the future innit mate.
Emails, mobile phones etc etc.
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sjc
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PostPosted: 07:20 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

M.C wrote:
sjc wrote:
Bikes getting collected Friday to be assessed.

Doesn't need to be collected, they can assess it wherever. They want it so they can charge the other side storage fees, then you'll get told to collect your bike at the end of it (it's no benefit to you). If you're hoping to (maybe) buy back the salvage don't let them take it.

Not sure about returning the hire bike and getting another. I believe you're meant to have the bike for about a month, so it's up to you if you want to tell them. Don't think I rode mine for the first week as I was still off work.

No question of liability he hit me head on, after pulling out of a junction around a bus with out looking. And he has admitted liability.
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sjc
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PostPosted: 07:25 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

M.C wrote:
sjc wrote:
Bikes getting collected Friday to be assessed.

Doesn't need to be collected, they can assess it wherever. They want it so they can charge the other side storage fees, then you'll get told to collect your bike at the end of it (it's no benefit to you). If you're hoping to (maybe) buy back the salvage don't let them take it.

Not sure about returning the hire bike and getting another. I believe you're meant to have the bike for about a month, so it's up to you if you want to tell them. Don't think I rode mine for the first week as I was still off work.

Its going to a garage that I picked and as far as I am aware they will be quoting for the damage and then seeing what happens from there. As its an older bike I would be surprised if it gets repaired. I would imagine they will want to bring it back to me for storage. Getting the impression they don't deal with motorbike accidents often.
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sjc
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PostPosted: 07:29 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

CaNsA wrote:
sjc wrote:
I am going on holiday for a week at the end of next week.
I can't imagine I will be 100% healed by the time we go away but would rather not cancel the holiday if possible.


Don't cancel, but claim for loss of leisure time because you will not be fully enjoying your jollyday.

Quote:
Is it ok to do this while in a process of claiming


Fuck yeah.
It's the future innit mate.
Emails, mobile phones etc etc.

One of my friends who works in insurance claims has told me as they have offered me physio already then they might be trying to do that instead of offering any compensation and to be very careful about anything I sign. Is claiming for loss of leisure time a thing, I mean I guess I aren't going to be as active on my holiday and won't be able to drink because of the medication, hadn't even considered it.
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andyscooter
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PostPosted: 07:53 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

sjc wrote:
[One of my friends who works in insurance claims has told me as they have offered me physio already then they might be trying to do that instead of offering any compensation and to be very careful about anything I sign. Is claiming for loss of leisure time a thing, I mean I guess I aren't going to be as active on my holiday and won't be able to drink because of the medication, hadn't even considered it.




that is normally only antibiotics that you cant drink with

or very strong pain killers
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sjc
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PostPosted: 08:22 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

andyscooter wrote:
sjc wrote:
[One of my friends who works in insurance claims has told me as they have offered me physio already then they might be trying to do that instead of offering any compensation and to be very careful about anything I sign. Is claiming for loss of leisure time a thing, I mean I guess I aren't going to be as active on my holiday and won't be able to drink because of the medication, hadn't even considered it.




that is normally only antibiotics that you cant drink with

or very strong pain killers
Codine? it says in the packet not to. Not that thats the be all and end all haha.
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DRZ4Hunned
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PostPosted: 08:44 - 06 Sep 2017    Post subject: Reply with quote

Don't drop the hire bike, it's very expensive. I'd never get one again.

Don't ask how I know Crying or Very sad
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sjc
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PostPosted: 08:54 - 06 Sep 2017    Post subject: Reply with quote

DRZ4Hunned wrote:
Don't drop the hire bike, it's very expensive. I'd never get one again.

Don't ask how I know Crying or Very sad
£50 excess same as my normal insurance. Not that I planned on crashing twice in a short space of time touch wood.
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DRZ4Hunned
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PostPosted: 09:08 - 06 Sep 2017    Post subject: Reply with quote

sjc wrote:
DRZ4Hunned wrote:
Don't drop the hire bike, it's very expensive. I'd never get one again.

Don't ask how I know Crying or Very sad
£50 excess same as my normal insurance. Not that I planned on crashing twice in a short space of time touch wood.


You're lucky to find a hire company with £50 excess, mine was £500. Waiting for a letter to fall on my mat any minute now.
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arry
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PostPosted: 11:22 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

sjc wrote:

One of my friends who works in insurance claims has told me as they have offered me physio already then they might be trying to do that instead of offering any compensation and to be very careful about anything I sign.


He should probably learn his trade a bit better before offering advice.

Physio limits the effect of injury and, as a result, you will receive less compensation as your injuries won't take as much toll on your life.

You will still be compensated - the figure will be less than if you hadn't had rehabilitation treatments because your injuries have been mitigated as a result. The amount you're compensated with is ultimately decided by a judge, if you're in dispute.

Anyone that thinks the money is worth more than their health is welcome to their crippling Laughing
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Val
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PostPosted: 12:54 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

sjc wrote:

His insurers seem to be quite keen to make he process as smooth as possible is this the norm or is there some sort of catch I am missing.
I am going on holiday for a week at the end of next week. Is it ok to do this while in a process of claiming, I can't imagine I will be 100% healed by the time we go away but would rather not cancel the holiday if possible.


Generally speaking insurers don't mind paying if the fault is clear.

Having said that get a proper motorcycle claim solicitors to handle all.

The reason is they know what to do - you don't.

More likely you have injury claim to do and they can do it better than you. If I am you I will speak to solicitors but will not do the injury claim right now. The reason is simple you really don't know how much physio and pain you will need to recover.

The injury claim will be based on the amount of recovery time and for sure will be few thousands.

Also the solicitors will advise you and will do holiday claim for you. Plus some money for you missing some work.

You have several claims here and it is not your fault so don't leave it. Make sure you do all your claims.
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T.C
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PostPosted: 16:31 - 06 Sep 2017    Post subject: Reply with quote

Quite often the other side will go for an early settlement because once you have signed a full and final settlement, you have no further redress if you are still suffering 12 months down the line unless you sue for professional negligence and the difference between your settlement figure and the real value of your claim.

Usually any settlements made in less than 12 months from date of crash are usually about 50% of the real value.

Also bear in mind that once liability has been admitted by the thord party insurers, they are obliged to offer and pay for private medical treatment as they are under a duty of mitigation to encourage a speedy and full recovery.

Also be aware of a part 36 offer being made. If you get what is called a part 36 offer, you have to accept or decline in a certain period of time, and they will often tie it up in legalise s that it appears you have no option but to accept the offer which then takes you back to the full and final settlement and suing for professional negligence route again.
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sjc
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PostPosted: 16:52 - 06 Sep 2017    Post subject: Reply with quote

Its all significantly more complicated than I originally expected thats for sure. I am should be getting physio assessment on Monday and to be honest as said by someone on here would much rather just feel better than worry about anything else. I guess the simple course of action would be to get a solicitor to look after it for me, that kind of feel like I am trying to exploit things though. I assume I would be ok to speak to a solicitor while this is going on though? Would much rather have stayed in bed on Saturday morning.
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Wonko The Sane
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PostPosted: 20:10 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

arry wrote:

He should probably learn his trade a bit better before offering advice.

Physio limits the effect of injury and, as a result, you will receive less compensation as your injuries won't take as much toll on your life.

You will still be compensated - the figure will be less than if you hadn't had rehabilitation treatments because your injuries have been mitigated as a result. The amount you're compensated with is ultimately decided by a judge, if you're in dispute.

Anyone that thinks the money is worth more than their health is welcome to their crippling Laughing


Just in case you're new around here (not sure if you are or not) when it comes to insurance, listen to this chap.

with regards to 'loss of leisure time' I was actually asked how it had impacted our holiday and said that my wife had had to carry our daughter all through the airport and manage the bags as I couldn't lift them (daughter was not yet 1 at the time) and it had taken me longer to get up in a morning due to being quite stiff from the injury.

To be honest, I think a week of lazing on the beach and swimming in the sea in Mallorca helped more than being in work, although it was annoying not being able to pick my daughter up or carry her.

Compensation wasn't much but enough to fund a short break somewhere (we put it in a savings account to do Disneyland when daughter is a bit older)
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sjc
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PostPosted: 21:19 - 06 Sep 2017    Post subject: Re: Insurance claiming. Reply with quote

Wonko The Sane wrote:
arry wrote:

He should probably learn his trade a bit better before offering advice.

Physio limits the effect of injury and, as a result, you will receive less compensation as your injuries won't take as much toll on your life.

You will still be compensated - the figure will be less than if you hadn't had rehabilitation treatments because your injuries have been mitigated as a result. The amount you're compensated with is ultimately decided by a judge, if you're in dispute.

Anyone that thinks the money is worth more than their health is welcome to their crippling Laughing


Just in case you're new around here (not sure if you are or not) when it comes to insurance, listen to this chap.

with regards to 'loss of leisure time' I was actually asked how it had impacted our holiday and said that my wife had had to carry our daughter all through the airport and manage the bags as I couldn't lift them (daughter was not yet 1 at the time) and it had taken me longer to get up in a morning due to being quite stiff from the injury.

To be honest, I think a week of lazing on the beach and swimming in the sea in Mallorca helped more than being in work, although it was annoying not being able to pick my daughter up or carry her.

Compensation wasn't much but enough to fund a short break somewhere (we put it in a savings account to do Disneyland when daughter is a bit older)
I am more of a lurker than a poster to be honest. The advice given on here so far has been really helpful, more so than the advice by friends so far, and have taken it all on board., I wasn't expecting compensation originally anyway as straight after the incident I felt fine. Shock wore off and then everything started hurting Rolling Eyes . Glad I didn't just shrug it off as I am sure the psysio will help to some degree, hopefully everything will heal up with a bit of time and as you say a week off is no doubt better than a week at work. Just don't think I will be as active on it as planned originally.
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M.C
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PostPosted: 22:05 - 06 Sep 2017    Post subject: Reply with quote

T.C wrote:
Also be aware of a part 36 offer being made. If you get what is called a part 36 offer, you have to accept or decline in a certain period of time, and they will often tie it up in legalise s that it appears you have no option but to accept the offer which then takes you back to the full and final settlement and suing for professional negligence route again.

The Part 36 rules are unfair IMO. I was told they were introduced as people were going to court just to see if they were awarded more money, as before there was no penalty for not accepting an offer? I couldn't understand why I was being made offers (and put under pressure to accept them) when I was still suffering from my injuries.

It then reached a point 6 months after an offer (which my solicitor refused to advise me on), where I was told to accept the offer late and incur wasted costs. Luckily someone on here* had mentioned about their case being settled the day before going to court, so I told them I would represent myself (they wanted me to pay for a barrister), and luckily the other side did make an offer the day before.

I was told the consequences of going to court and 'losing', as in not being awarded more than the previous part 36 offer, would have been having to pay the other sides costs, usually capped at the compo amount so in effect ending up with nothing. It felt like a twisted game show, particularly when all I'd done to be in that position was get knocked off my bike on the way to work.

*whoever you're I owe you a drink Smile
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Ariel Badger
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PostPosted: 00:35 - 10 Sep 2017    Post subject: Reply with quote

2 rules. Never believe a word a representative of an insurance company says to you, get it in writing,
Never tell the truth or put the truth in writing if asked by a representative of an insurance company.
They want your balls, they will get them either tomorrow or over the next five years.
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sjc
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PostPosted: 09:59 - 10 Sep 2017    Post subject: Reply with quote

well just to update, spoke to an engineer on Friday, bike has been written off and a settlement agreed for that and keeping the salvage as I am unsure what want to do with the bike yet.
So just everything else to sort out now. Sure they will be on the phone on Monday to me to go over the details of the bike settlement.
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