Cabbie knocked me off my R6

Off-topic
1

Hi guys,

Few days ago, a black cab driver knocked me off my new R6 at London Bridge by pulling out of a stopping area onto my line without putting on a signal and taking my right of way. I smashed into him and flew off my bike with my head into a van standing on the right lane. Luckily I wasnt going fast as I came just 20m earlier from a red light, but despite got a broken finger, whiplash and bruises all over, and even worse a pretty damaged bike.

I called my insurance broker principal insurance and they have now mandated Bromiley Holcraft Solicitors to work on my case from a legal side whil Plantec Holdings will evalate the damage on my bike and repair it eventually (once liability has been determined)

Now, obviously whoever you will speak to I assume they will act in their own interest not neccessarily in yours. So the first question is are Bromiley and Plantec really the best you can get? Or should I ask my insurer to mandate other parties? I heard White Dalton being good solicitors, but when I mentioned it to principal insurance they knew them and menioned Bromiley would be better. For someone being new to the insurance world, one is just as good as the other.

Second, I was offered a replacemen bike for the time that my bike is getting evaluated and repaired. I was hesitant to acccept it but principal insurance assured me it would be at no extra cost, the worst case scenario could be it ends up 50/50 and I have to pay a capped amount of GBP 600 for the rented bike, so I agreed as I feel the other party should definitely compensate me for not having a bike because of his fault. However, now I have my doubts whether I should really take it on as I dont want to incure any potential extra costs for myself. Would you recommend it? Principal insurance said they consider it as a 100% case for me…

I will go to court if the other party will not offer 100%. I want my baby back in perfect condition and compensation for the injuries and time of not having a bike while the sun is shining and I could be out there.

I would much appreciate if you guys could share your experiences and drop perhaps a few lines of advise.

And watch out for cabs and busses!! I could give a lot of other examples where other ppl got knocked off their bikes and bicyclces by those reckless drivers.

All the best
BK

2

If you’ve got it in black and white that you’ll pay max £600 then you have to decide if it’s worth that to have a bike while the claim is sorted.

Judging by other people’s experience it could be a while without a bike otherwise.

3

Oops, double bubble.

4

Hi mate,

I wouldn’t take the rental bike unless you can afford the £600, White Dalton are very good and best to deal with an independant as they have there interests at heart which is getting your case settled ASAP.

They always say its 100% in your favour until the penny drops, i had a case 1.5 years ago where a lorry cut across 2 lanes and knocked me off my VFR, clear cut his fault, got my bike declared a write off and got paid for that minus my excess as i was fully comp, but 1.5 years on and after he got 6 points for driving without due care and attention due to his and witness statements my insurance company still have not settled my claim, saying his insurance company are being “difficult”

SO cover yourself mate and get independant advice SMIDSY are also supposed to be great.

Good luck, hope you get on the road soon

Rixxy

5

Welcome to LB.
Sorry to hear about your off.

I’ve had a good experience with White Dalton, they all ride and speak in language that I was able to understand - not ‘legalese’! :wink:
Remember though, you won’t get compensation for ‘lack of good riding days’. If you used the bike to commute or for work, you might be entitled to compensation though (keep travel tickets and receipts just in case).

6

I’ve used Dunne and Gray twice. They were brilliant both times. I have no complaints. The claim gets delt with very swiftly. If you are not happy about the service you are getting you can get rid of one solicitor and change.

In regards to your bike I advise you get it written off. Take all the trick parts off it and switch it back to stock then get another bike. The reason being is the resale value of the bike is a lot lower onces it has a CAT C or D on the log book.

7

If it all goes wonky, if you have the charge in writing and you can afford the £600 for the bike, take it…In my experience your insurance company will not offer this unless they think they can win and generally use the full charges (about £70 a day) to beat the other insurance company over the head into settling quickly.

Looking at your accident and the way you described it, its defo the cabbies fault…I have been involved in 2 similar “u-turn” incidents…one from non moving traffic and one where the driver u-turned from a parking space with no indication…won both hands down.

bit of advice “get” a witness if you havent got one…he may try and get another cabbie to back him up!(thick as thieves them lot)

Johno

8

Yes you will as it has affected your social life. If the deterioration of your social life leads to something like depression then you will be awarded compensation. How much is questionable.

9

Deleted

10

Sorry to hear you had an accident.

Like others here I recommend you get the details
regarding the hire bike, especially the capped cost,
in writing otherwise you could end up with a nasty bill.

Have you got witnesses?

Many years ago a car pulled out from a row of parked cars
directly in front of me. Then attempted a U turn!
I hit the brakes and swerved but crashed into the car.

The driver said sorry etc at the time but then sent their
insurers a statement that they had been driving along
the road, indicated right to pull into a driveway and I
had driven into them :ermm:

Lucky a witness contacted the insurance company and
and the car driver was eventually found to be 100% to blame.

11

@DanielGT & T.C. - granted, I’m not speaking from the standpoint of one who knows the exact rules regarding this, not many people here actually do, but to claim that you suffer from depression becuse you can’t ride your bike in the sun (or whatever) is being bloody cheeky.

on ‘Loss of Amenity’, Wikipedia (yes, I know, not the be all and end all, but a good starting point) has this to say:
‘General damagesGeneral damages, sometimes styled hedonic damages, compensate the claimant for the non-monetary aspects of the specific harm suffered. This is usually termed ‘pain, suffering and loss of amenity’. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of enjoyment of life, etc.[3] This is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges in the United Kingdom base the award on damages awarded in similar previous cases.’

All I can say is good luck. The loss of a loved one is never easy to bear :wink:

12

A lot of people get depressed by a simple thing like work/working. Everyone has a different threshold. Its a bit like pain. I personally don’t think tattoos hurt but then I know people who say they nearly collapsed with pain. I’m not trying to be cheeky by saying they don’t hurt, I’ve just got a high pain threshold.

Edit: Also, to add… In both of my claims I had a mental assessment done in both cases.

13

sorry to hear this mate got taken out by a careless cabbie myself.

14

Sorry for the OP. What a way to find the forum :frowning: Good speedy luck with having the claim settled.

One thing that I hate is professional drivers that drive without care and consideration. These guys should be made to go on some awareness course, like drive around london for a month at peak times on a bike/scooter :angry: I know cabbies sometimes spend ages on a scooter learning the Knowledge.

15

Who mentioned anything about claiming for depression? For this you would probably have to go down the PTSD route which is a very difficult injury to prove or disprove.

In a personal injury case as I have mentioned before, the claim is divided into two sections.

General Damages which is the value of the actual injuries sustained, plus a payment for pain and suffering. However as an example, if the injured party has been maintained in an induced coma because of the severity of those injuries, then the pain and suffering payment would only kick in when the person is out of the coma and providing there is still an element of pain and suffering.

All injuries have a low, middle and upper value and are classified as minor, moderate and severe, the most severe cases being a catastrophic brain injury, paraplegia and tetraplegia where the values are around (the last time I checked) £280,000

At the bottom end of the scale, a broke tooth was around the £600 mark.

For a solicitor to be able to claim back their costs and fees, the value of the claim has to be over £1,000

Then there are the Special Damages. Special damages covers all the out of pocket expenses, travelling to hospital or doctor appointments, any special care needs, loss of earnings, and loss of amenity which can include not being able to ride a bike, and this could also lead to what is called Travel phobia where someone has not suffered PTSD but has a genuine fear or concern about getting back on the bike or getting behind the wheel again post accident. If motorcycling is a hobby that they are no longer able to pursue, or it has been put on hold whilst they recover, then this can be claimed for under special damages.

This is one of the reasons as to why PI claims can take so long to sort out because the special damages can be difficult, long winded and drawn out.

But in cases where there is a suspected head injury (going back to your point regarding depression) then the claimant solicitor has a duty of care to bring in a case manager and also refer to a CBT (Cognitive Behavioural Therapist) specialist

16

Guys thank you so much for your comments so far, I really appreciate it!

TC who is the best solicitor from your experience? Do you think it will be a problem that Bromiley have been mandated already?

I will ask Principal Insurance to provide to me in black/white that maximum will be GBP600 for a replacement bike, because so far it was only agreed on the phone.

Do you guys have any opinion on Plantec Holdings who will evaluate the damage and repair the bike + perhaps provide the replacement bike? I understand the most important part in the process will be to choice the best solicitor but I also want to make sure that the right guys get the hands on my bike, its basically new and has only 800 miles on it.

I’m glad someone mentioned the dropped resale value of the bike and to perhaps get it written off. How would that actually work? Does the decision depend on Plantec Holdings? Would I get the full market value of my bike and to keep it?

Thanks again!!
BK

17

If you PM me, I will be happy to advise.

You are not obliged to go with Bromley Holcroft, all they have done is pay the insurance company a referral fee to take on your case so that you can join their conveyor belt.

Even if you committed to using them, there is still nothing to prevent you switching further down the road, all that happens is that whoever takes over conduct of your case gives the previous solicitors an undertaking that they (the new firm) will pay their reasonable costs at the conclusion of the case.

18

Its so easy to get a bike written off. If there is a scratch on the tank they will say you need a new tank rather than a respray. Put it this way if every single piece of fairing has a scratch on it your looking at a write off on an R6 and the way you described the accident it wouldn’t surprise me if the forks are gone as well.

19

I had a hire bike from Plantec when I had my off, they were great. Luckily the other company forked out for the hire as it was 100% their fault. It can get expensive if not. But a cap of £600 is reasonable and the other side will then want to settle quickly if it’s their fault as the charges will be racking up. If the thing drags on for weeks as they can, then at least you have access to transport and don’t miss any biking.

20

Yup! I threw mine down Brands. Scuffs/chips down one side, all cosmetic, nothing major. Repair bill from dealer - £6,000. WTF!