Insurance Claim

[Jetblackonetenth]

Not sure this is the right place to post

My son had a car pull out on him on his nsr 125 he hit the right rear of the car with the front right of his bike, The guy has admitted responsibility and his insurance company have confirmed this

He has TPTF only not fully comp

He has let his insurance know and they have said they can deal with the claim. He has also been contacted by the other guys insurance who said they can deal with it.

Both are offering him a hire bike at no cost to him

It is a 2002 bike and the chances of getting new replacement parts for it is pretty slim

He is happy to repair the bike using second hand parts and his insurance co said this would be ok, he has not asked the other co.

The cost of s/hand parts would be about £500 bike is worth about £1K ??

Question is would it be better to deal with his own insurance company or the other guys insurance?

[Jetblackonetenth]

btw he is fine and not injured (he has no whiplash etc )

[Magic919]

He is not covered for this damage under his own policy. I'd suggest you deal with the TP Insurer.

[Jetblackonetenth]

That is what I thought would happen, I was not expecting his insurance company to dsay they could deal with it

[Magic919]

They are just farming it out to an accident management outfit.

[dapearson]

Jetblackonetenth said:

btw he is fine and not injured (he has no whiplash etc )

Good news!

If his insurance company were anything like mine were when i got knocked off 5 yrs ago, he may get a personal injury payout regardless.

I stated from the very beginning that i didn't want to persue an injury claim as i don't like the industry and the way it gets taken advantage of. As long as i was back on two wheels i didn't care. I had a sore ankle for a couple of days, that's all.

I then got a settlement of £1500 for peronal injury as a "without prejudice" payment, i'm guessing to stop me claiming for injury some years later. I rang the insurance company to complain that i had not claimed for injury and was told that this was standard.

I took the money, but felt dirty...

[southgate]

£1k bike, £500 of parts doesn't sound good if he wants to keep the bike.

If he does want to keep the bike, he could:

a) talk to insurers about a contract price to repair, i.e. insurance pay out a fixed (normally max) amount for work to be done.

b) buy back bike, once deemed a total loss.

Or get cash from 3rd party, buy 2nd hand parts and spanners for your lad, and let him learn a bit about his bike?

[SAS Tom]

I had my bike knocked over whilst parked. Got my insurers to deal with it and although they weren't that fast managed to get me a payout which was more than I'd paid for the bike just 2 weeks before it getting knocked over.

Most likely they will write it off then offer to let him buy it back if he wants it. Mine was valued at £80 to buy back with minor cosmetic damage so it could work out well for your son.

[LoonR1]

Use the drivers insurers. It'll be a hell of a lot easier as there won't be any middlemen trying to maximise their income at your expense.

[Prof Prolapse]

dapearson said:

I then got a settlement of £1500 for peronal injury as a "without prejudice" payment, i'm guessing to stop me claiming for injury some years later. I rang the insurance company to complain that i had not claimed for injury and was told that this was standard.

I took the money, but felt dirty...

So you then presumably donated the £1,500 to charity then?

Or did you not feel quite that dirty?

[LoonR1]

dapearson said:

Good news!

If his insurance company were anything like mine were when i got knocked off 5 yrs ago, he may get a personal injury payout regardless.

I stated from the very beginning that i didn't want to persue an injury claim as i don't like the industry and the way it gets taken advantage of. As long as i was back on two wheels i didn't care. I had a sore ankle for a couple of days, that's all.

I then got a settlement of £1500 for peronal injury as a "without prejudice" payment, i'm guessing to stop me claiming for injury some years later. I rang the insurance company to complain that i had not claimed for injury and was told that this was standard.

I took the money, but felt dirty...

Cool story bro. Shame it's not got a single piece of it in reality. No I surer can make a payment without you claiming. No payment like this can be made without prejudice.

You claimed for whiplash and got your payment whether you admit it or not.

[dapearson]

LoonR1 said:

dapearson said:

Good news!

If his insurance company were anything like mine were when i got knocked off 5 yrs ago, he may get a personal injury payout regardless.

I stated from the very beginning that i didn't want to persue an injury claim as i don't like the industry and the way it gets taken advantage of. As long as i was back on two wheels i didn't care. I had a sore ankle for a couple of days, that's all.

I then got a settlement of £1500 for peronal injury as a "without prejudice" payment, i'm guessing to stop me claiming for injury some years later. I rang the insurance company to complain that i had not claimed for injury and was told that this was standard.

I took the money, but felt dirty...

Cool story bro. Shame it's not got a single piece of it in reality. No I surer can make a payment without you claiming. No payment like this can be made without prejudice.

You claimed for whiplash and got your payment whether you admit it or not.

Wrong

[dapearson]

Prof Prolapse said:

dapearson said:

I then got a settlement of £1500 for peronal injury as a "without prejudice" payment, i'm guessing to stop me claiming for injury some years later. I rang the insurance company to complain that i had not claimed for injury and was told that this was standard.

I took the money, but felt dirty...

So you then presumably donated the £1,500 to charity then?

Or did you not feel quite that dirty?

I cleansed myself by buying a blackbird. I am not a saint

[Jetblackonetenth]

We have decided to let his insurance sort out the claim as although they may try and milk it they should at least have his interests in mind as well as there own.

It is still a hassle as he has had numerous departments ringing up to sort each part of the claim out. The one who phoned about his injuries was interesting as had to tell them quite a few times he had none.

Anyway they are dropping him a bike off on Friday and collecting his and said they will assess it within 48hrs so hopefully early next week he should know what will happen..

Whatever happens we would like the bike back as we have another project bike that the engine would be ideal for.

[LoonR1]

dapearson said:

Wrong

Go on then tell us who this overly generous insurer is who pays people who've never even attempted to make a claim from them for random special damages.

Love to hear all about it.

[dapearson]

LoonR1 said:

dapearson said:

Wrong

Go on then tell us who this overly generous insurer is who pays people who've never even attempted to make a claim from them for random special damages.

Love to hear all about it.

Calm down FFS!

All i know is, i didn't claim, but i got a cheque. Maybe my insurance company claimed on my behalf? Is that so unusual?

My memory is hazy, but i do know i didn't chase it myself and was angry about it at the time. Not so angry that i tore up the cheque though.

Sorry OP. Not an intended thread hijack

[LoonR1]

dapearson said:

Calm down FFS!

All i know is, i didn't claim, but i got a cheque. Maybe my insurance company claimed on my behalf? Is that so unusual?

My memory is hazy, but i do know i didn't chase it myself and was angry about it at the time. Not so angry that i tore up the cheque though.

Sorry OP. Not an intended thread hijack

Your insurance company can not claim for uninsured losses, you have only subrogated your insured rights amd losses to them ie your car.

You are the only person who can claim for any uninsured losses be they general or special damages. No insurer will simply send you a cheque on spec. It has no legal basis at all and you could simply bank the cheque and then come back and claim anyway. The idea that it was "without prejudice" is laughable, not least as if they did send you this then it would be completely with prejudice so that it prejudiced your right to make any further claim for injury.

Seriously, you need to stop now.

[Magic919]

Jetblackonetenth said:

We have decided to let his insurance sort out the claim as although they may try and milk it they should at least have his interests in mind as well as there own.

They won't. It's not his Insurer dealing with it. Watch out for credit hire on the replacement bike.

[Jetblackonetenth]

Magic919 said:

They won't. It's not his Insurer dealing with it. Watch out for credit hire on the replacement bike.

Please explain credit hire

[Magic919]

You sign for the vehicle and you are basically liable for the costs of they fail to recover it from the other party. It's not a free vehicle, it's conditional on them recovering the (usually inflated) costs from the other side.