Motorbike accident - advice gratefully received
Motorbike accident - advice gratefully received
Author
Discussion

A993LAD

Original Poster:

2,150 posts

252 months

Monday 29th April 2019
quotequote all
Hi folks,

After years of riding defensively I got taken out by a car turning right in front of me yesterday evening.

I'm pretty much okay apart from some bruising and aches and pains in my hip and ankle but my bike is very much worse for wear with damage on both sides and a smashed front light/fairing plus possibly bent forks.

The driver was very apologetic, admitted that she hadn't seen me at all as she was looking into the road she was turning into. Police were called along with an ambulance by some bystanders so they took statements and the driver again readily admitted it was entirely her fault for not paying attention. A witness who was in the car behind her also gave me his details and offered to be a witness stating it was completely her fault and he couldn't believe she hadn't seen me riding towards her.

It was Sunday afternoon so I got the bike transported back to my house.

So the good thing is I survived a motorcycle accident and I'm grateful for that.

But I would like to go about the insurance claim in the best possible way to get a decent outcome. Ideally I would like to achieve the following:

1 - Bike repaired or replaced to original condition

2 - No blemish on my insurance record

3 - Possibly a replacement bike whilst mine is not available. It's not my main mode of transport but as I do quite a bit of biking at weekends and was planning some trips over coming weeks it seems a bit unfair but I don't have a bike.

4 - Possibly a replacement helmet - I have a fairly new Shoei GTAir and whilst it doesn't look to have sustained any damage I did fly over the bike handlebars and roll down the road and the paramedic claimed it should be replaced just in case.

Grateful for any tips on the best way to achieve these goals as quickly/painlessly as possible.

Should I contact my insurers and try working through them but expecting them to back off any claim against the other party or should I just deal directly with the insurers for the driver of the car that caused the crash (Admiral)?

Also, I know there are a number of claims management companies but I don't know enough about whether they are just a rip-off or really valuable in representing an injured party?

Can I call my local Honda dealer (who I already use and trust) and asked them to pick up the bike and assess the repair bill or do I have to let my insurance company make the assessment?

I remember when my wife had an accident in our family car, our insurance company got their own repair people to come and assess it and then do the repair and we were never happy with the work that they did - it became clear they were working down to a price following pressure from the insurance company rather than doing the best quality job and some of the paint stripped off the panels that they had repaired when I was pressure washing the car. Also the panel gaps were never as straight on the repair as the original panel gaps on the rest of the car.

Any thoughts gratefully received as I guess I need to crack on today sorting this out.

Actually that's a thought, do I get any compensation for having to deal with all this when I should be working or having fun?

Cheers

will also post in legal forum


Zakalwe

194 posts

92 months

Monday 29th April 2019
quotequote all
You and your insurers have the upper hand, they should do much of the work for you. I’d get your local garage to take the bike in and explain to them the situation, they can give the quote and invoice to the insurers before the other party has a chance to organise alternatives. You won’t be blemish free on your record unfortunately, even though it’s a non fault claim - statistics show that you’re more likely to make another claim now, so your premium will go up. Keep receipts for absolutely everything, new helmet, gear - you’ll need new stuff anyway so buy what you’ve always wanted and hand the receipts over to the insurers to claim it back. Get yourself medically checked over, do it private if you have to. Keep the receipts. Alternative work transport will cost more than biking, so keep petrol receipts for your car, train fares, taxis to the doctor, you name it. You want to suffocate their insurer with a mountain of paperwork so they just give up and hand over what you ask for

Freakuk

4,860 posts

182 months

Monday 29th April 2019
quotequote all
Firstly, glad you are OK that's the main thing.

I was involved in something similar a few years ago, although the outcome was far worse, bike written off and me with busted back and two broken legs, the driver drove off and eventually returned but claimed I was riding like a maniac when they saw me, but still decided to turn in front of me when I was filtering!!

Needless to say the insurer paid out for the bike fairly quickly, I was laid up for 7 weeks in casts then about 3 months of physio. In that time I had contacted sorrymate.com to sort my injury claim, plus loss of earnings, all of my gear etc etc.

I was riding again as soon as I could, but the case went to court and I was awarded a decent pay out, but it took around 18 months to get there.

Different circumstances for you, but just trying to provide a worse case scenario.

SBDJ

1,335 posts

235 months

Monday 29th April 2019
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A993LAD said:
2 - No blemish on my insurance record
I'd have thought this was impossible - you'll have to declare a non-fault claim once settled in your favour. Even worse, you'll have to declare it as a fault claim until that happens.

A non-fault claim can still (and often will) load your premium frown

dern

14,055 posts

310 months

Monday 29th April 2019
quotequote all
You should be getting your insurers to sort this out for you, that's what you've paid your premiums for.

Donbot

4,194 posts

158 months

Monday 29th April 2019
quotequote all
dern said:
You should be getting your insurers to sort this out for you, that's what you've paid your premiums for.
I'd recommend speaking to the other persons insurer directly first. You and the 3rd party have an interest in sorting this out quickly and cheaply. In my (and others) experience using your own insurer tends to drag things out a lot (especially if a management firm gets involved).

neutral 3

8,666 posts

201 months

Monday 29th April 2019
quotequote all
Get your ins co to deal with it.
Get the bike back to your place and keep it there.
Let the ins cos engineer come to you to inspect it.
Also if possible, get your local ( good ) motorcycle shop ( brand specific ideally ) to do a repair estimate on it, but you may have to take it to their premises, as they most likely won't come out to you. If you do, get the bike back to your place.
Keep receipts for All of your expenses, inc travel to medical apts etc etc.
Thoroughly examine All of your riding kit for damage and photograph the damage.
Claim for your lid, even if you can't see any visible damage.
Good luck.

I was hit from behind at the beginning of November.
I got photos of the bike lying on the floor in front of their car, plus the driver. The other driver did not report the accident to her ins co.
They wrote to her in early December via recorded delivery and she swerved the letter.
Her ins co cancelled her policy, from the date she took it out, due to her being in breach of the policy, by not declaring the accident.
At the end of December, her ins co were sending an investigator to bang on her door. I have no idea if they got hold of the shister.
Her ins co have made a ridiculously derisory £ low offer for the bike, so it's now going to court, which is going to take ages.
I need this agg like I need a hole in the frigging head, but that, is rip off ins cos for you.......

joema

2,755 posts

210 months

Monday 29th April 2019
quotequote all
Tell your insurers ASAP and ask them what to do. Do not deal with the third party. They are only interested in reducing their liability.

You may end up with a slightly increased premium (not enough to worry too much about) but you can always shop around. I don't think it's ever really affected me.

TwigtheWonderkid

49,211 posts

181 months

Monday 29th April 2019
quotequote all
neutral 3 said:
I was hit from behind at the beginning of November.
I got photos of the bike lying on the floor in front of their car, plus the driver. The other driver did not report the accident to her ins co.
They wrote to her in early December via recorded delivery and she swerved the letter.
Her ins co cancelled her policy, from the date she took it out, due to her being in breach of the policy, by not declaring the accident.
At the end of December, her ins co were sending an investigator to bang on her door. I have no idea if they got hold of the shister.
Her ins co have made a ridiculously derisory £ low offer for the bike, so it's now going to court, which is going to take ages.
I need this agg like I need a hole in the frigging head, but that, is rip off ins cos for you.......
1. Her insurance company cannot cancel her policy from the date she took it out because she hasn't reported an accident that occurred after that date. So that's utter nonsense.
2. Proof that it's utter nonsense is the fact that they've made you an offer at all. Why would they, if they weren't on cover?

Esceptico

8,897 posts

140 months

Monday 29th April 2019
quotequote all
joema said:
Tell your insurers ASAP and ask them what to do. Do not deal with the third party. They are only interested in reducing their liability.

You may end up with a slightly increased premium (not enough to worry too much about) but you can always shop around. I don't think it's ever really affected me.
I wouldn't worry too much. I have had two no fault accidents in the past few years (lady drivers in Range Rovers). Their insurance paid in full. Shopping around I got big decreases in my insurance last year, particularly on the bike, so I can't say I noticed any impact from the no fault claims.

Biker 1

8,606 posts

150 months

Monday 29th April 2019
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black-k1

12,808 posts

260 months

Monday 29th April 2019
quotequote all
I've not read the link above yet but I'm sure it'll give good advice.

While you do need to let your insurance co. know you've been involved in an accident they won't be interested beyond that unless you intend effectively claiming on your own policy from them then them getting the money back from the other parties insurance co. This is not an option if you don't have fully comp.

My advice is to claim directly, in person, against the 3rd parties insurance co. If she's admitted liability, and doesn't change her mind, then it'll be a walk in the park.

Whether your bike is fixed or written off will be up to the insurance company. they have cost vs. bike value calculations they use to make those decisions.

Remember to claim for any and all gear damaged in the crash. Your helmet will need replacing even if there is no external sign of damage.

It's up to you if you decide to make a personal injury claim or not. Either way, keep a detailed log of any/all pain and discomfort. If you do decide to claim it'll be good to have all the facts to hand.

After all that, I'm glad to hear you walked away. It is, the only important thing!

dibblecorse

7,649 posts

223 months

Monday 29th April 2019
quotequote all
TwigtheWonderkid said:
neutral 3 said:
I was hit from behind at the beginning of November.
I got photos of the bike lying on the floor in front of their car, plus the driver. The other driver did not report the accident to her ins co.
They wrote to her in early December via recorded delivery and she swerved the letter.
Her ins co cancelled her policy, from the date she took it out, due to her being in breach of the policy, by not declaring the accident.
At the end of December, her ins co were sending an investigator to bang on her door. I have no idea if they got hold of the shister.
Her ins co have made a ridiculously derisory £ low offer for the bike, so it's now going to court, which is going to take ages.
I need this agg like I need a hole in the frigging head, but that, is rip off ins cos for you.......
1. Her insurance company cannot cancel her policy from the date she took it out because she hasn't reported an accident that occurred after that date. So that's utter nonsense.
2. Proof that it's utter nonsense is the fact that they've made you an offer at all. Why would they, if they weren't on cover?
They can and they will have done, what they cannot do is rescind the Third Party cover her policy entitles her too, thats why he has an offer, because he is a Third Party and they are stuck with that element, the rest they have cancelled from inception, well within their rights although still liable for any other Third Party claims that may arise.

I'm not as knowledgable as the young Loon of this parish was but I did do a number of years working in Motor Insurance.

TwigtheWonderkid

49,211 posts

181 months

Monday 29th April 2019
quotequote all
dibblecorse said:
TwigtheWonderkid said:
neutral 3 said:
I was hit from behind at the beginning of November.
I got photos of the bike lying on the floor in front of their car, plus the driver. The other driver did not report the accident to her ins co.
They wrote to her in early December via recorded delivery and she swerved the letter.
Her ins co cancelled her policy, from the date she took it out, due to her being in breach of the policy, by not declaring the accident.
At the end of December, her ins co were sending an investigator to bang on her door. I have no idea if they got hold of the shister.
Her ins co have made a ridiculously derisory £ low offer for the bike, so it's now going to court, which is going to take ages.
I need this agg like I need a hole in the frigging head, but that, is rip off ins cos for you.......
1. Her insurance company cannot cancel her policy from the date she took it out because she hasn't reported an accident that occurred after that date. So that's utter nonsense.
2. Proof that it's utter nonsense is the fact that they've made you an offer at all. Why would they, if they weren't on cover?
They can and they will have done, what they cannot do is rescind the Third Party cover her policy entitles her too, thats why he has an offer, because he is a Third Party and they are stuck with that element, the rest they have cancelled from inception, well within their rights although still liable for any other Third Party claims that may arise.

I'm not as knowledgable as the young Loon of this parish was but I did do a number of years working in Motor Insurance.
You are wrong on both counts. It's very difficult for an insurer to void a policy from inception. It can only be done in exceptional circumstances, in line with ABI directives on the matter. Failing to report an accident after inception or failing to cooperate with your insurers after having an accident is not one of those reasons. They cannot retrospectively cancel for that reason.

Secondly, when they are able to void a policy from inception, under the special circumstances when they are allowed to do so, they can, in some cases avoid the tp claim, leaving the tp to claim from the MIB

NITO

1,336 posts

237 months

Monday 29th April 2019
quotequote all
Donbot said:
I'd recommend speaking to the other persons insurer directly first. You and the 3rd party have an interest in sorting this out quickly and cheaply. In my (and others) experience using your own insurer tends to drag things out a lot (especially if a management firm gets involved).
^ Absolutely this in the first instance for the best outcome imho.

EagleMoto4-2

669 posts

135 months

Monday 29th April 2019
quotequote all
NITO said:
Donbot said:
I'd recommend speaking to the other persons insurer directly first. You and the 3rd party have an interest in sorting this out quickly and cheaply. In my (and others) experience using your own insurer tends to drag things out a lot (especially if a management firm gets involved).
^ Absolutely this in the first instance for the best outcome imho.
I would go this route too. I was rear-ended on my bike while waiting at a junction over 2 years ago, and the guy that hit me accepted full responsibility so went straight to his insurer. He was with Aviva and they paid out a decent price on the bike when it was found to be beyond economical repair. They even offered me the use of a hire bike.
Your situation is slightly different in that the other person might have a change of heart after they get home and talk to friends and relatives, who may persuade them to not accept blame and try to say it was 50/50 etc. Still, I would phone their insurer and make the claim against them.

mikal83

5,340 posts

283 months

Monday 29th April 2019
quotequote all
Same as me but years ago. Driver thought they could just nip across infront of me........nope, I slammed into the rear wheel at about 40 mph. I dont think I actually braked it was that fast. My insurance paid out for all new clothing, helmet and correct value of bike. The driver got 3 points and a 120 quid fine. What a deterrant!

garypotter

2,073 posts

181 months

Monday 29th April 2019
quotequote all
EagleMoto4-2 said:
NITO said:
Donbot said:
I'd recommend speaking to the other persons insurer directly first. You and the 3rd party have an interest in sorting this out quickly and cheaply. In my (and others) experience using your own insurer tends to drag things out a lot (especially if a management firm gets involved).
^ Absolutely this in the first instance for the best outcome imho.
I would go this route too. I was rear-ended on my bike while waiting at a junction over 2 years ago, and the guy that hit me accepted full responsibility so went straight to his insurer. He was with Aviva and they paid out a decent price on the bike when it was found to be beyond economical repair. They even offered me the use of a hire bike.
Your situation is slightly different in that the other person might have a change of heart after they get home and talk to friends and relatives, who may persuade them to not accept blame and try to say it was 50/50 etc. Still, I would phone their insurer and make the claim against them.
As above, keep records of all calls, letters sent and DO replace your helmet, also jacket gloves boots etc if they are damaged.

neutral 3

8,666 posts

201 months

Tuesday 30th April 2019
quotequote all
TwigtheWonderkid said:
1. Her insurance company cannot cancel her policy from the date she took it out because she hasn't reported an accident that occurred after that date. So that's utter nonsense.
2. Proof that it's utter nonsense is the fact that they've made you an offer at all. Why would they, if they weren't on cover?
I have a very good firm of solicitors on it and can assure you that her ins co have cancelled her policy due to the reason that I stated.....


Edited by neutral 3 on Tuesday 30th April 01:11

neutral 3

8,666 posts

201 months

Tuesday 30th April 2019
quotequote all
Biker 1 said:
Interesting article on the subject:
https://www.whitedalton.co.uk/motorbike-blog/2019/...
DONT touch this Lot with a frigging barge pole...