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Should I use a Claims Specialist or my Insurer?

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Eldoctordub
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Joined: 14 Nov 2017
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PostPosted: 17:00 - 14 Nov 2017    Post subject: Should I use a Claims Specialist or my Insurer? Reply with quote

Hi

Some nice person ran out from in front of a lorry and straight into my path without looking whilst I was moving past a row of stationary traffic. I was about to turn right so was actually slowing down.

Suddenly she was there and despite me hitting the anchors, we collided and I couldn't hold the bike so down it went on the off side. Usual damage: broken brake lever, fairing cracked and basically a goner, dent in exhaust can.

Initially she said, Oh I'm so sorry. But then of course once she'd talked to hubby, changed her mind and it seems it was all my fault.

Fortunately the lorry driver has given me his details and said he'd be a witness and that it was her fault. Although she wouldn't give me her name, the incident happened right outside her house so I know where she lives!

Do I go through my insurer and therefore invite them to hike my premium next year, or is it worth using one of these No-Win-No-Fee merchants?

Any advice gladly received.

Ta

Els
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arry
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PostPosted: 18:54 - 14 Nov 2017    Post subject: Reply with quote

Pics / custard.

I'd say you'd have some liability attached to you on your brief description of circumstances and as a result, the big question is what is she going to do about it?

If she's suddenly developed spinal injuries as we type, then I'd be putting this through insurers.
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Jewlio Rides Again LLB
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PostPosted: 18:59 - 14 Nov 2017    Post subject: Re: Should I use a Claims Specialist or my Insurer? Reply with quote

Eldoctordub wrote:


[...] the lorry driver has given me his details and said he'd be a witness and that it was her (pedestrian) fault. [...]


I don't think it works like that, somehow.
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Eldoctordub
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PostPosted: 19:28 - 14 Nov 2017    Post subject: Reply with quote

Thanks for replies. I'm still pondering which way to go TBH. If it weren't so annoying probably be laughing.

It was one of those situations whereby this woman's husband said, 'I'm going to call the police.' So I said, Go on then let's call the police and see what they say.' And at that point he went back inside his house!

I assumed, possibly naively, that if I have an independent witness to corroborate what I'm saying then I'm in a strong position, but reading the replies that would not appear to be the case.

If repairing the bike wasn't going to be such a huge cost, I'd probably just get on and do it off my own bat, but this is quite an expensive prang.

It would appear that you can run out into the road without looking and not be held liable?!

You live and learn
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Jewlio Rides Again LLB
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PostPosted: 20:29 - 14 Nov 2017    Post subject: Reply with quote

It isn't that they're not liable as such, it's that you are still liable to an extent.

https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2013/262.html&query=Paramasivan&method=boolean
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Rogerborg
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PostPosted: 20:37 - 14 Nov 2017    Post subject: Reply with quote

arry wrote:
Pics / custard.

So much this.
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M.C
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PostPosted: 20:46 - 14 Nov 2017    Post subject: Re: Should I use a Claims Specialist or my Insurer? Reply with quote

Eldoctordub wrote:
I was moving past a row of stationary traffic.

Filtering? Work of the devil when it comes to liability Sad
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Eldoctordub
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PostPosted: 23:39 - 14 Nov 2017    Post subject: Reply with quote

[quote="Jewlio Rides Again LLB"]It isn't that they're not liable as such, it's that you are still liable to an extent.

https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2013/262.html&query=Paramasivan&method=boolean[/quote]

Hi

Interesting read. Essentially it's down to the specifics of the event and each incident is different. Unlike the case you quote, whereby there was some discussion as to whether the car driver should have seen the boys at the side of the road, in my case this woman ran out from in front of a lorry which completely obscured her from view. The first I knew was when she was about 6 feet in front of me, right in my path. Her stopping like the proverbial rabbit in the headlights didn't help either.

It seems it's all down to apportioning blame and frankly I'd rather an insurance company pays for 50% of the repairs to my bike instead of me coughing up the whole lot. Mind you, I'll end up paying the whole bill eventually when they bump up next year's premium. Insurance, eh: it's a legal requirement and not a solution if you need help.

As for filtering: if you can't filter, what's the point of having a bike for commuting?

Also, because she was a pedestrian should I be contacting my insurer at all? Surely this is a matter for a solicitor?

Thanks

Els
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Rogerborg
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PostPosted: 00:02 - 15 Nov 2017    Post subject: Re: Should I use a Claims Specialist or my Insurer? Reply with quote

Eldoctordub wrote:
Usual damage: broken brake lever, fairing cracked and basically a goner, dent in exhaust can.

Let's see some pictures then.
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arry
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PostPosted: 08:57 - 15 Nov 2017    Post subject: Reply with quote

Eldoctordub wrote:


Interesting read. Essentially it's down to the specifics of the event and each incident is different. Unlike the case you quote, whereby there was some discussion as to whether the car driver should have seen the boys at the side of the road, in my case this woman ran out from in front of a lorry which completely obscured her from view. The first I knew was when she was about 6 feet in front of me, right in my path.


The fact your view was so obstructed yet you continued to carry such speed that you were unable to stop will be criticised.

Eldoctordub wrote:


It seems it's all down to apportioning blame and frankly I'd rather an insurance company pays for 50% of the repairs to my bike instead of me coughing up the whole lot. Mind you, I'll end up paying the whole bill eventually when they bump up next year's premium. Insurance, eh: it's a legal requirement and not a solution if you need help.


Doesn't work like that. You would claim for your damage from your comprehensive policy, and receive the cost of repairs less your policy excess.

As for the bill getting added to your premium - the very solicitors you're thinking of employing would be putting in costs north of £5k. How much do you think you'll be out of pocket next year by?

Still, I'm sure you've got a tin of custard handy.
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UnknownStuntm...
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PostPosted: 09:07 - 15 Nov 2017    Post subject: Re: Should I use a Claims Specialist or my Insurer? Reply with quote

Eldoctordub wrote:
blaaarb

This thread is bullshit.
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Monkeypony
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PostPosted: 12:48 - 15 Nov 2017    Post subject: Reply with quote

Assuming you're fully comp and NCB protected...

If the damage to your bike will cost you less than a few hundred quid, fix it yourself and move on. Won't be worth the additional cost of declaring an at fault accident for the next 5 years.

If more than a few hundred quid, claim for the repair from your insurance and move on.

If fully comp but not NCB protected, you'll have a slightly more difficult decision to make.

If not fully comp...

You can try to get money from ped lemming, but you will most likely lose. Fix it yourself and move on.

Either way, you're going to be out of pocket, so suck it up, and move on. And maybe learn from it and adjust your riding slightly, or not.
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Orennayar
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PostPosted: 13:28 - 15 Nov 2017    Post subject: Reply with quote

Same stuff happened to me 2 years ago. Pedestrian walked between stopped traffic without looking/with headphones on while I was filtering up on the opposite lane. I swerved but she hit the topbox with her shoulder and fell. I managed to stay up though so no damage to the bike.
An idling ambulance happened to be there exactly when that happened so they stopped and called the cops etc... they told me she had no major injury, only a bruise. When the popo arrived I just told them what happened, some dude that was passing by gave a statement saying she was wearng headphones, didn't look and I wasn't speeding etc.. I declared it to my insurer, they told me cool story bro and I didn't hear about it until a year after when the lady decided to claim on my insurance for injuries/ptsd/cancer claiming I was speeding and went through a red light (lol). I told them to do their job and go check my statement with the police. Never heard anything since then and they don't seem to have any claim recorded so I guess it didn't go through.
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T.C
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PostPosted: 10:43 - 17 Nov 2017    Post subject: Re: Should I use a Claims Specialist or my Insurer? Reply with quote

Eldoctordub wrote:


Do I go through my insurer and therefore invite them to hike my premium next year, or is it worth using one of these No-Win-No-Fee merchants?

Any advice gladly received.

Ta

Els


Unless you were injured you will not be able to get a case funded under a conditional fee agreement (no win no fee).

Even in a damage only claim, the value of the claim has to be worth £5,000 or more in order to be abe to claim back legal costs.

A claims management firm such as Plantec may be prepared to assist (and they are very good) or you can leave it in the hands of your insurers to use one of their panel law firms.

For those whp may not be aware, the MoJ have decided that from October next year, only injury claims worth £5,000 or more will be eligible for funding under a no win no fee or legal expenses scheme, claims worth lesss than £5K will have to be dealt with by individuals a a private litigation case and Solicitors costs for low value claims will drop from the current £800 to £500 per case for fast track cases (claims worth less than £25,000) and where liability is not contested.
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Rogerborg
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PostPosted: 11:58 - 17 Nov 2017    Post subject: Re: Should I use a Claims Specialist or my Insurer? Reply with quote

T.C wrote:
[If your bike is damaged, roll around clutching your knee and squeal for an emergency ambulance chaser, or you'll get nothing]

Message received.
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