Motorbike accident - advice gratefully received

Motorbike accident - advice gratefully received

Author
Discussion

A993LAD

Original Poster:

1,637 posts

222 months

Monday 29th April 2019
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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

syl

693 posts

76 months

Monday 29th April 2019
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Try dealing with the other insurance company directly. If that doesn’t work out then I’d go with a claims handling company.

TooLateForAName

4,753 posts

185 months

Monday 29th April 2019
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syl said:
Try dealing with the other insurance company directly. If that doesn’t work out then I’d go with a claims handling company.
Thats what I'd do.
I would be claiming for replacement of all protective clothing that suffered. Helmet certainly.

croyde

22,945 posts

231 months

Monday 29th April 2019
quotequote all
Glad you are OK.

I had similar to you in 2003 except I was knocked out and suffered broken ribs, hand plus road rash. Newish bike was written off.

Beware the driver that admits fault at the time. They almost always change their mind.

My idiot actually started a counter claim against me saying it was my fault and tried to sue for damage on his car. I didn't even touch his car but his actions caused me to crash. Thankfully there were witnesses.

He was given 6pts 6 months later in court but I had to find a decent solicitor to sue him for my bike and loss of work.

Took 2 years and despite 'winning' you still have to declare a claim to your insurer who will kindly charge more come renewal.

I hope yours goes more smoothly.

longblackcoat

5,047 posts

184 months

Monday 29th April 2019
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Honestly, the best thing you can do is speak to someone with experience. Andrew Dalton (contact details below) is a barrister who secured me a really good payout when I was taken out by an idiot driver. He's a motorcyclist himself and has been doing this for the last couple of decades.

As well as a brand new bike, I got entirely new gear - leathers, helmet, gloves, return of excess etc - which I'd not have got otherwise. Plus some compensation (not a great deal, but I wasn't looking for a lot) for personal injury.

https://www.whitedalton.co.uk

TwigtheWonderkid

43,398 posts

151 months

Monday 29th April 2019
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A993LAD said:
2 - No blemish on my insurance record
That's not going to be possible. Even if it goes your way, you've had a non fault accident, that you will need to disclose for the next 3-5 years, and some insurers charge extra for that, and others don't.

akirk

5,390 posts

115 months

Monday 29th April 2019
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1 - should be fine - that is the basis of restitution - being put back to where you were previously - will possibly depend on how fussy you are as to whether you are happy, but in principle - yes

2 - never going to happen - by the wonderful nature of insurance company algorithms, they will argue that you are a higher risk now based on:
- you didn't anticipate / prevent the accident (there is an argument that everyone has an opportunity to stop an accident - right or wrong - but it is the argument that is used by autonomous car manufacturers etc.)
- you ride in an area with people who don't pay attention
- statistically, one accident = more likely to have a second

3 - very reasonable - but you might have to demonstrate that you have had something booked as a trip on the bike, you might win / lose this one

4 - absolutely - a company I owned years ago did testing on the protective nature of helmets post impact (i.e. how useful are they in a second accident) - the simple answer is that if you drop a helmet on a tiled floor from not very high - it is dead and will not meet standards in a subsequent accident - no way I would use the same helmet after an accident - it must be replaced

jondude

2,346 posts

218 months

Monday 29th April 2019
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If you have comp insurance you may as well go through your own insurers otherwise you are doing all their work for them and they will STILL hold it against you as a record on file and possibly raised premiums.

Let them repair the bike and deal with you then claim against the other insurers on your behalf. Once they have done this, your NCD is restored - but you still have the record and risk of higher renewal prices or quotes with other insurers.


anonymous-user

55 months

Monday 29th April 2019
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What Jondude said - assuming you've got full comp cover, claim off your own insurance and let them have the hassle of sorting it out with the other driver - that's what you've paid them for. Come renewal time it won't make any difference, you'll still have to list an accident/claim, your premium will (probably) go up, and there's nothing you can do about it.

I don't see the point of having cover and then having to deal with the third party's insurance, or employ a solicitor, or even worse, claims management company. The only benefit seems to be not having to hand over the excess (which you should get back anyway) and getting a replacement / hire bike, assuming you don't get that through your own insurance. But hiring bikes/ cars through claims management companies scares me anyway - if something goes pear-shaped part way through you could be on the hook for hugely inflated hire fees.

longblackcoat

5,047 posts

184 months

Monday 29th April 2019
quotequote all
Spumfry said:
What Jondude said - assuming you've got full comp cover, claim off your own insurance and let them have the hassle of sorting it out with the other driver - that's what you've paid them for. Come renewal time it won't make any difference, you'll still have to list an accident/claim, your premium will (probably) go up, and there's nothing you can do about it.

I don't see the point of having cover and then having to deal with the third party's insurance, or employ a solicitor, or even worse, claims management company. The only benefit seems to be not having to hand over the excess (which you should get back anyway) and getting a replacement / hire bike, assuming you don't get that through your own insurance. But hiring bikes/ cars through claims management companies scares me anyway - if something goes pear-shaped part way through you could be on the hook for hugely inflated hire fees.
The difficulty I've had with bike accidents is that although you'll get your bike repaired well (assuming your insurer and repair place are competent), you'll be (considerably) out of pocket with regards to your riding gear and helmet. Last time I had to replace that lot it was not far shy of £2k - Arai, good gloves, knackered one-piece suit, rucksack, boots - and I'd be surprised if your insurance covers that. A replacement bike whilst yours is being fixed isn't cheap, and again may well not be covered. Finally, there may well be a personal injury claim, which, again, your insurance company will not be interested in.

That's why I'd use a legal firm.

croyde

22,945 posts

231 months

Monday 29th April 2019
quotequote all
When I had my accident posted above, in 2003, I was fully comp but the legal guy given my case must of been in a room full of 16 year olds trying to practice law.

Obviously the good 'ol insurance company went as cheap as possible. He was useless and I had to continually chase him.

After a few months I handed it over to a legal team in the City of London and paid something like a £400 premium in case the case went against me and I would have to pay their costs.

It was worth it as they fought a good fight. The final payout was the cost of my bike, the money lost for 2 months off work and a little something for pain and damages to me.

It helped fund my purchase of a brand new 987 Boxster.

KungFuPanda

4,334 posts

171 months

Monday 29th April 2019
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Even if you’re insured fully comp, your insurer will only deal with the repairs to your motorcycle.

They won’t deal with any uninsured losses ie helmet, clothing, loss of earnings, hire, personal injury etc etc.

Personally, I’d hire your own solicitors or claims management firm off your own back. Go for a motorbike specialist. Google White Dalton.






mad4amanda

2,410 posts

165 months

Monday 29th April 2019
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Mcams are the answer to all you questions do it now!

Chrisgr31

13,484 posts

256 months

Tuesday 30th April 2019
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I thought the theory was that by using the 3rd Party insurance company direct without going through an Accident Management Company they were more likely to be helpful as it saves a fortune.

21TonyK

11,533 posts

210 months

Tuesday 30th April 2019
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OP, as soon as you mention Admiral I stopped reading. IME have no contact with that complete and utter shower of sh8t yourself. Complete bunch of sh8sters who left me sorting out a non fault claim for nearly a year.

Either go through your own insurance co. if you think they are any good or a claims company. I used AnniesDad on here several years ago in connection with a car claim, painless and handled very professionally.

Bungleaio

6,332 posts

203 months

Tuesday 30th April 2019
quotequote all
KungFuPanda said:
Even if you’re insured fully comp, your insurer will only deal with the repairs to your motorcycle.

They won’t deal with any uninsured losses ie helmet, clothing, loss of earnings, hire, personal injury etc etc.

Personally, I’d hire your own solicitors or claims management firm off your own back. Go for a motorbike specialist. Google White Dalton.
My policy includes for £1k of gear cover, I paid a little extra for this when I took it out with Hastings direct

stubert_

88 posts

84 months

Wednesday 1st May 2019
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Had mine in 2011, a mini pulled out of a side road and launched me over the bars and the mini into a cartwheeling heap on the road.

It took nearly 2 years to sort out but that was mainly because of my injures.

White dalton are great, they specialise in Motorcycle claims and handled my case brilliantly, The pay out for the bike was sorted in about 3 weeks IIRC.

Your own insurance will probably want to give the claim to one of their pet companies who know bugger all about motorbikes so I would avoid using them.

All my kit was paid for by the mini drivers insurance but as it wasn't brand spanking new I didn't get the full value, My lid was a couple of years old and the jacket and armoured jeans where about 6 months old etc. Something to do with wear and tear IIRC. I didn't particularly mind as I had paid nowhere near RRP for them and thats what they based the original price on. My phone and SatNav got trashed as well so they paid out on them too.

Hope it gets sorted for you.

TwigtheWonderkid

43,398 posts

151 months

Wednesday 1st May 2019
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stubert_ said:
All my kit was paid for by the mini drivers insurance but as it wasn't brand spanking new I didn't get the full value, My lid was a couple of years old and the jacket and armoured jeans where about 6 months old etc. Something to do with wear and tear IIRC.
Betterment, I think the technical term is.

A993LAD

Original Poster:

1,637 posts

222 months

Wednesday 5th June 2019
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Hi folks,

A quick update on this for anybody who was interested.

I think I came out of it quite well all things considered.

It was a major inconvenience being without my bike for a few weeks when the weather was good but on the plus side my injuries were minimal and I guess that's what really counts.

As far as the insurance claims went it was all very easy, mainly because the car driver called her insurers first thing the next morning and admitted complete liability.

As a result I received an incoming call from Admiral insurance the day after the accident offering to be very helpful indeed in sorting things out.

They wanted to pick up the bike and take it to their preferred assessment/repair centre - 4th dimension innovation....

4th Dimension Innovation Ltd
www.4th-dimension.co.uk

Luckily I had been warned about these people by someone on pistonheads (if you check out their reviews on Google you wouldn't let your bike anywhere near them) so I declined the offer and said I wanted the bike assessed by my local Honda dealers.

Admiral had no problem with this and quickly contacted Honda to arrange for my bike to be collected and assessed. The estimate for repair was huge (£9k - although almost entirely cosmetic) so Admiral quickly wrote off the bike and we were haggling about the payment.

In short the option I went for was a payment of £7k plus letting me keep the bike. It is now classified as Category N so I can put it back on the road - which I have now done. Cat N will obviously reduce its resale value but I had no plans to sell it anyway.

They also paid up quickly for my bruised ankle as well as my helmet/jacket and boots.

So it was a bit of a ball ache but I was generously reimbursed for my losses.

I should also mention that I was very impressed with the solicitors White Dalton. I contacted them before I got the call from Admiral and they said they would be very happy to represent me, gave me a clear indication of the likely claim value and timeline. But they also said that as it was such a clear-cut case on liability it was likely that I would get a call from Admiral quite quickly making me an offer to avoid getting lawyers involved. They even said if they offer you £xx you might want to consider taking it as our costs will be 25% of any claim. As it turned out they were right, which meant they didn't get my business but I would certainly recommend them and they seemed like very decent people to deal with.

croyde

22,945 posts

231 months

Wednesday 5th June 2019
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Nice to hear satisfactory ending. Did it cost much to get it roadworthy?

£9k in repairs, gulp! What was the bike?