Urgent help please

[lotusmark2]

Hi Guys, sorry to drop in and ask a question straight of but I need advice.

I was legally filtering through traffic on my bike and way side swiped but a car cutting from outside to inside lane.

I am fully comp insurance as is he and he proclaimed to all at the scene that it was his fault.

I have told my insurance company and they have kicked into gear to give me a loan bike, estimates etc but my question is should I be claiming of the other guys insurance and not touching mine or am I better to let it take its course and let my company claim off his (and me claim back my excess and NCB)

Total dullard about these things so advice very welcome...

Oh and most importantly I am fine, just a few bumps and bruises thanks to wearing the right kit.

Cheers
Mark

 

[pammy]

Glad you're OK. You should claim off yours then let them pursue his for the loss including the uninsured losses. Do you have any legal protection and what does your policy cover as some don't actually cover chasing uninsured losses - ie your excess etc.

 

[lotusmark2]

Thanks for the reply hun, I have a seperate company BLD, who will persure all uninsured losses FOC on my behalf. They are also the ones loaning me the bike (again at no cost)
Biggest bugger is the excess and NCD as the law always seems weighted against bikers

 

[BTB 500]

What Pam said. You should get the excess back as an uninsured loss.

he proclaimed to all at the scene that it was his fault.

Did you get the name & address of any witnesses?

 

[lotusmark2]

What Pam said. You should get the excess back as an uninsured loss.



Did you get the name & address of any witnesses?

Hi Bill, Yep names, address and phone numbers have been passed to my insurance company. 2 sets of witnesses

 

[pammy]

Not if the evidence is to the contrary which in your case it would appear to be.

If they're doing this for you then you might not need to claim - it depends if his company accept the liability quicky and authorise the repairs etc which they might not. That's where you might come unstuck. You still have to declare the accident to your insurance even of you don't claim. It's where knowing the detail of all the cover comes in to play

Hope you are all doing OK - love n stuff - xxx

Did you involve the police? You have minor injuries so it should have been reported.

 

[lotusmark2]

Cheers hun, apart from this, all is going well. 2 weeks and counting until he is due to pop into the world!

 

[pammy]

I know - was just checking when D day was

Fingers crossed

xx

 

[CE230]

Hi Bill, Yep names, address and phone numbers have been passed to my insurance company. 2 sets of witnesses

I had a similar* incident back in April, the driver apologised in front of a witness but his insurers have only offered a 50/50 settlement and the witness does not respond to my solicitor. I'm not happy about that as I am still undergoing treatment for shoulder impingement syndrome brought on by the idiot.

* Filtering past stationary traffic when he indicated and pulled out of the line of traffic at one and the same instance. No side road for him to turn into but believe he was going to make a U-Turn. Low speed off but landed on shoulder hence the injury.

Hope your claim is more straightforward.

 

[Howard]

My car was written off last month , by a donkey who rammed me from behind ...

He proclaimed to all and sundry that he had fallen asleep ...

I claimed off my insurance , they will recover it off him , i have also claimed for the uninsured losses of my excess , garage time to get the boot open to retrieve my belongings and transfer of my personal plate ( reasoning that i wouldn't have been shelling out for a transfer had he not written my car off ) ...

Was a bit of wrangling over value of my car , but seems to be sorted now.

Sorry to hear about your accident Mark , and good luck.

H

 

[lotusmark2]

Cheers guys.
Out of interest, what is the calculation for a "write off" is it repair greater than market value or is it a percentage of market value??

 

[partsspecialist]

I had almost the exact thing happen to me, it settled 50/50. A lady pulled out of her place of work(turning right) and knocked me off my bike, but I had put myself at an extra risk by filtering down the outside and not sitting in the que.

 

[lotusmark2]

I had almost the exact thing happen to me, it settled 50/50. A lady pulled out of her place of work(turning right) and knocked me off my bike, but I had put myself at an extra risk by filtering down the outside and not sitting in the que.

Thats what really gets me. Filtering is legal, knocking someone off is not so why were you held to 50/50!!!
From reading, most filtering accidents look to happen at junctions rather than a dead straight dual carridgeway so fingers crossed!!
so did this 50/50 mean you lost your NCB and only got half of your excess back???

 

[partsspecialist]

It means i only got half of any claim i put in, Injury, bike repair etc. I didnt lose NCB as i didnt claim off MY insurance.

 

[lotusmark2]

ooooch so you had to pay for half the repair!!!!!

 

[Howard]

I think the write off point is 60% of current market value ....

The repair quote for mine was £14k , car was only worth £6.5k ...

 

[lotusmark2]

Cheers Howard, based on that mine should not be a Write off but with Harley Davidson Labour rates you never know!!!!

 

[Ade B]

Happened to me earlier this year - there's a post on it somewhere..

In my case they deemed it a clear cut no fault claim and my insurance claimed against the driver - I had three witness's details although I don't believe they were followed up and I reported the incident to the police afterwards to get a crime no.

All I paid for was a £100 excess as someone drove over my hire bike when it was parked up down the road from my office It was almost worth it as they replaced the VFR with a Fireblade..

I even got a bit of cash back for a new helmet and a teeny bit of compensation for a scuffed knee..

The company carted my bike off (I rode it home), dropped off the hire bike, got the bike assessed by the other party's insurance and then delivered mine back to me a few weeks later all clean and shiny..

All pretty painless. I have still to renew my insurance for next year but have been told it won't affect my NCB or excess, but we'll see.

Glad you are OK, its all a hassle but you can at least console yourself (as I did) that you sustained no damage..


Ade

 

[st13phil]

I had a similar* incident back in April, the driver apologised in front of a witness but his insurers have only offered a 50/50 settlement and the witness does not respond to my solicitor.

Dunno whether your solicitor is aware, but an Appeal Court case in 2006 Davis v Schrogin overturned the automatic presumption of 50/50 responsibility for motorcycle filtering accidents that previously existed (Powell vs Moody, etc) and upon which the third-party's insurers may be relying. A more readable interpretation is available here. Basically, the ruling said that the motorcyclist could not be held partly responsible if the rider had no chance of taking avoiding action.

 

[CE230]

I am aware of that ruling Phil and have asked my solicitor to make the third party's solicitor aware of it too.