Need help with insurance after accident
Discussion
Hi,
Over the past year I've moved and my commute became a long traffic jam over 14 miles. I already have my full bike licence and so bought a scooter to make the commute more manageable. I really enjoyed it and it saved me an hour a day and quite a lot of money to boot.
Three weeks ago I was on my way home and stopped behind a car waiting for a pedestrian to cross a zebra crossing. After a second or two stopped, I was hit from behind by another car. The car behind was touching the car infront and my scooter went underneath the two. Luckily (I think!) I was hit hard enough to be thrown over the car instead of underneath. I hit a railing at the side of the road and dislocated my shoulder and have soft tissue damage to my back, neck, ankle and groin (Thankfully not that tissue!)
Now I've bored you I'll get to the point! My insurers have told me my bike is a total loss and value it at £1950. I bought the bike for £2550 3 and a half months ago. I've told the insurers about my concerns of being vastly out of pocket through no fault of my own and they reassured me they have a policy where, if a vehicle is under 12 months old with fewer than 12000 miles they replace the vehicle with a brand new one. Clearly, this took a weight off my mind as I'd be put back into the position I was in prior to the accident. A few days later I called for an update and was told again the procedure for a new bike and to expect the matter to be resolved in a week or two.
A few days later and I've now been told by the insurers that they'd made a mistake and they only provide a new vehicle for car policies not motorcycles. Clearly, I'm annoyed that the reality is I'm going to be vastly out of pocket when I've done nothing wrong and am in huge pain on top!
I'm just looking for advice really, am I right to be annoyed at this mistake? How shoud I handle it?
On a side note, the insurers have said the bike is worth £1950 and if I can provide advertisements proving I can't get the bike for this they'll reconsider the offer, (I didn't ask whilst on the phone as there were millions of things going on in my head!) how do I value a bike like this? Mine had 0 previous owners, 1200 miles and only three months old. Clearly a 1200 mile bike with 0 previous owners can't exist and anything being sold with 1200 miles is far older.
Any help appreciated, I'm all over the place at the mo!
Over the past year I've moved and my commute became a long traffic jam over 14 miles. I already have my full bike licence and so bought a scooter to make the commute more manageable. I really enjoyed it and it saved me an hour a day and quite a lot of money to boot.
Three weeks ago I was on my way home and stopped behind a car waiting for a pedestrian to cross a zebra crossing. After a second or two stopped, I was hit from behind by another car. The car behind was touching the car infront and my scooter went underneath the two. Luckily (I think!) I was hit hard enough to be thrown over the car instead of underneath. I hit a railing at the side of the road and dislocated my shoulder and have soft tissue damage to my back, neck, ankle and groin (Thankfully not that tissue!)
Now I've bored you I'll get to the point! My insurers have told me my bike is a total loss and value it at £1950. I bought the bike for £2550 3 and a half months ago. I've told the insurers about my concerns of being vastly out of pocket through no fault of my own and they reassured me they have a policy where, if a vehicle is under 12 months old with fewer than 12000 miles they replace the vehicle with a brand new one. Clearly, this took a weight off my mind as I'd be put back into the position I was in prior to the accident. A few days later I called for an update and was told again the procedure for a new bike and to expect the matter to be resolved in a week or two.
A few days later and I've now been told by the insurers that they'd made a mistake and they only provide a new vehicle for car policies not motorcycles. Clearly, I'm annoyed that the reality is I'm going to be vastly out of pocket when I've done nothing wrong and am in huge pain on top!
I'm just looking for advice really, am I right to be annoyed at this mistake? How shoud I handle it?
On a side note, the insurers have said the bike is worth £1950 and if I can provide advertisements proving I can't get the bike for this they'll reconsider the offer, (I didn't ask whilst on the phone as there were millions of things going on in my head!) how do I value a bike like this? Mine had 0 previous owners, 1200 miles and only three months old. Clearly a 1200 mile bike with 0 previous owners can't exist and anything being sold with 1200 miles is far older.
Any help appreciated, I'm all over the place at the mo!
Apologies if this is a stupid question, but why are your insurers making you an offer? Surely it's the third party (and their insurers) who drove up your chuff who should be paying out? In which case, your excess and the terms of your insurance policy seem largely irrelevant.
The third party should be compensating you in such a way as to put you in the position you were in pre-accident. That should include repalcement bike, kit, medical bills, lost income etc etc.
As I've suggested previously, this seems like a classic case for using a decent solicitor or claims manager. Annie's Dad on here does this, I believe, and always seems to be recommended. You need someone good, who knows the ins and outs, to argue your case for you.
The third party should be compensating you in such a way as to put you in the position you were in pre-accident. That should include repalcement bike, kit, medical bills, lost income etc etc.
As I've suggested previously, this seems like a classic case for using a decent solicitor or claims manager. Annie's Dad on here does this, I believe, and always seems to be recommended. You need someone good, who knows the ins and outs, to argue your case for you.
Gruber said:
Apologies if this is a stupid question, but why are your insurers making you an offer? Surely it's the third party (and their insurers) who drove up your chuff who should be paying out? In which case, your excess and the terms of your insurance policy seem largely irrelevant.
The third party should be compensating you in such a way as to put you in the position you were in pre-accident. That should include repalcement bike, kit, medical bills, lost income etc etc.
As I've suggested previously, this seems like a classic case for using a decent solicitor or claims manager. Annie's Dad on here does this, I believe, and always seems to be recommended. You need someone good, who knows the ins and outs, to argue your case for you.
Thanks very much for the reply. The third party should be compensating you in such a way as to put you in the position you were in pre-accident. That should include repalcement bike, kit, medical bills, lost income etc etc.
As I've suggested previously, this seems like a classic case for using a decent solicitor or claims manager. Annie's Dad on here does this, I believe, and always seems to be recommended. You need someone good, who knows the ins and outs, to argue your case for you.
I've never been in this position before having never had an accident, let alone a pretty bad one.
My understanding was exactly what you say; the third party pay me out. My own insurers are saying different, they pay me out, minus the £600 excess and then I claim my losses back through a solicitor from the third party. It seems a very convoluted way of working but that's what my insurer are proposing.
Another concern i didnt put in the OP but has now been touvhed on is that when I'm payed out minus the £600 excess I then could have to wait up to 90 days for the excess from the third party. In the mean time the courtesy car has gone back (I was given a courtesy car as I'm currently not able to ride a courtesy bike) and I'm no where near the position I should be in until a long time after.
Speak to this guy:
http://pistonheads.com/gassing/profile.asp?memberI...
His profile includes a link to his company. Well worth a call, not least because (as you said in your OP) it's quite natural that you'll be all over the place at the moment. You've got better things to focus on than doing battle with the insurance industry.
I've no idea what fee arrangement these types of outfit work on, but my guess is that in a clear "no fault" case like this, the third party's insurance will pick up your legal advice costs.
http://pistonheads.com/gassing/profile.asp?memberI...
His profile includes a link to his company. Well worth a call, not least because (as you said in your OP) it's quite natural that you'll be all over the place at the moment. You've got better things to focus on than doing battle with the insurance industry.
I've no idea what fee arrangement these types of outfit work on, but my guess is that in a clear "no fault" case like this, the third party's insurance will pick up your legal advice costs.
Gruber said:
Speak to this guy:
http://pistonheads.com/gassing/profile.asp?memberI...
His profile includes a link to his company. Well worth a call, not least because (as you said in your OP) it's quite natural that you'll be all over the place at the moment. You've got better things to focus on than doing battle with the insurance industry.
I've no idea what fee arrangement these types of outfit work on, but my guess is that in a clear "no fault" case like this, the third party's insurance will pick up your legal advice costs.
Thanks gruber, I have legal cover and Carpenters solicitors have already started on the case for me to claim back stuff like my lid and jacket which was cut off me while I was being treated. I doubt I'd be able to instruct someone else too. Good to know for the future though. http://pistonheads.com/gassing/profile.asp?memberI...
His profile includes a link to his company. Well worth a call, not least because (as you said in your OP) it's quite natural that you'll be all over the place at the moment. You've got better things to focus on than doing battle with the insurance industry.
I've no idea what fee arrangement these types of outfit work on, but my guess is that in a clear "no fault" case like this, the third party's insurance will pick up your legal advice costs.
Edited by anonymous-user on Monday 22 October 17:45
DIY answer is to find multiple adverts for the same bike, and submit those to the insurer as proof that you couldn't get back on a very similar bike for their offer.
How much are you being pushed by the solicitor to claim PI, at this stage? Your insurer has presumably been paid by the legal firm, on the assumption that they will get a nice slice of that pie. Have you been offered a credit hire bike?
How much are you being pushed by the solicitor to claim PI, at this stage? Your insurer has presumably been paid by the legal firm, on the assumption that they will get a nice slice of that pie. Have you been offered a credit hire bike?
sebdangerfield said:
Thanks very much for the reply.
I've never been in this position before having never had an accident, let alone a pretty bad one.
My understanding was exactly what you say; the third party pay me out. My own insurers are saying different, they pay me out, minus the £600 excess and then I claim my losses back through a solicitor from the third party. It seems a very convoluted way of working but that's what my insurer are proposing.
Another concern i didnt put in the OP but has now been touvhed on is that when I'm payed out minus the £600 excess I then could have to wait up to 90 days for the excess from the third party. In the mean time the courtesy car has gone back (I was given a courtesy car as I'm currently not able to ride a courtesy bike) and I'm no where near the position I should be in until a long time after.
Sounds like your insurer are trying to avoid their responsibilities.I've never been in this position before having never had an accident, let alone a pretty bad one.
My understanding was exactly what you say; the third party pay me out. My own insurers are saying different, they pay me out, minus the £600 excess and then I claim my losses back through a solicitor from the third party. It seems a very convoluted way of working but that's what my insurer are proposing.
Another concern i didnt put in the OP but has now been touvhed on is that when I'm payed out minus the £600 excess I then could have to wait up to 90 days for the excess from the third party. In the mean time the courtesy car has gone back (I was given a courtesy car as I'm currently not able to ride a courtesy bike) and I'm no where near the position I should be in until a long time after.
Nope, they've sold the claim on to a firm of rottweilers and undoubtedly part of their responsibilities are that the solicitor claims everything they can to maximise the amount of work that they get to bill - either as part of a fixed fee for general and special damages or, if I know the firm, their post-issue of proceeding costs if the defendant insurer doesn't admit everything on day 21 after the letter of claim is sent.
CYMR0 said:
Nope, they've sold the claim on to a firm of rottweilers and undoubtedly part of their responsibilities are that the solicitor claims everything they can to maximise the amount of work that they get to bill - either as part of a fixed fee for general and special damages or, if I know the firm, their post-issue of proceeding costs if the defendant insurer doesn't admit everything on day 21 after the letter of claim is sent.
Exactly this and then the Insurance Companies have the cheek to put premiums up and blame the Personal Injury brigade when they are all involved in the scam.randlemarcus said:
DIY answer is to find multiple adverts for the same bike, and submit those to the insurer as proof that you couldn't get back on a very similar bike for their offer.
How much are you being pushed by the solicitor to claim PI, at this stage? Your insurer has presumably been paid by the legal firm, on the assumption that they will get a nice slice of that pie. Have you been offered a credit hire bike?
Thanks for the reply. I've looked at adverts for a replacement bike but I'm not sure what I replace it with? I know it sounds stupid but the bike is 3 months old, no previous owners and 1200 miles. To put me back into the same position I need to find a bike that's never been owned but has 1200 miles on it! What should I look for? I wouldn't be happy going from owning a brand new bike three months ago to then be riding a two owner bike after the insurers pay out. How much are you being pushed by the solicitor to claim PI, at this stage? Your insurer has presumably been paid by the legal firm, on the assumption that they will get a nice slice of that pie. Have you been offered a credit hire bike?
I have a hire car from the insurers. I can't currently ride a bike so they've given me a car. The solicitors have put real pressure on my for the PI. I have lots of injuries obviously but when I told them I wanted to just claim for my kit (lid, jacket etc.) after it was cut off I was told they'd only claim for everything.
magnum555 said:
CYMR0 said:
Nope, they've sold the claim on to a firm of rottweilers and undoubtedly part of their responsibilities are that the solicitor claims everything they can to maximise the amount of work that they get to bill - either as part of a fixed fee for general and special damages or, if I know the firm, their post-issue of proceeding costs if the defendant insurer doesn't admit everything on day 21 after the letter of claim is sent.
Exactly this and then the Insurance Companies have the cheek to put premiums up and blame the Personal Injury brigade when they are all involved in the scam.Righty ho. In the absence of the venerated Loon:
- You'll be wanting a shiny new bike, thankyou very much. That's what you had, mileage notwithstanding, so gather the adverts together for one of those. Feel free to include an RRP uote from the nice man who sold it to you.
- If the injury requires treatment, consider claiming for it. If it doesn't, it isn't an easy route to a free all-inclusive fortnight in Cancun.
- On the assumption the earlier recommendation was for Anniesdad, get in touch with him for a chat. I suspect he wouldn't mind ten minutes just walking you through things, as it sounds like you are being rushed through things.
- Your solicitors sound like a bunch of
s.
randlemarcus said:
Righty ho. In the absence of the venerated Loon:
Thanks randlemarcus, - You'll be wanting a shiny new bike, thankyou very much. That's what you had, mileage notwithstanding, so gather the adverts together for one of those. Feel free to include an RRP uote from the nice man who sold it to you.
- If the injury requires treatment, consider claiming for it. If it doesn't, it isn't an easy route to a free all-inclusive fortnight in Cancun.
- On the assumption the earlier recommendation was for Anniesdad, get in touch with him for a chat. I suspect he wouldn't mind ten minutes just walking you through things, as it sounds like you are being rushed through things.
- Your solicitors sound like a bunch of s.
I'm starting to get stressed by this now, I've googled the firm and they really do look s
te. So I should look at bikes which are 3 months old and 0 owners? This would put me back on a bike similar to what I had. Discount the fact they'll be lower milage? Sorry if I've misunderstood.
I'll speak to the chap at Honda who sold it me to see what he can do.
randlemarcus said:
Ideally, you want a shiny new bike. Submit the ads for those, and, if you are feeling kind, for pre-registered zero owner bikes.
In your place, I'd be talking to the third party insurer, but not sure if you would be treading on toes at this stage.
Thanks again, I'll get together some ads tomorrow. In your place, I'd be talking to the third party insurer, but not sure if you would be treading on toes at this stage.
I hope this gets sorted!
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