Had an Accident & then bike was stolen

Hi All
Im after a little bit of advice really i had an accident on the way to work back in may on the A13 car pulled into my lane without looking knocked me off & wrecked my bike.
Police arrived on scene advised me that it would cost £400 to recover my bike i told them that was fine id pay but they then said that they managed to get it back on two wheels and put it in a layby on the A13 and their recovery agents would not pick it up from there.
At the time i didnt argue it anymore as i was worried about what injurys i might have done to myself fortunatly not too bad a broken shoulder and 6 ribs.
Anyhow i got my wife to phone the insurance company and tell them where the bike was that night but unbeknown to me they didnt attempt to recover it until 5 days later by which time it had vanished, they paid out straight away for what i thought was the accident minus my excess.
Im in the middle of a personal injury claim but they are now saying i cannot recover my excess as my insurance have classed it as a theft & not an accident as apparently they cant claim against the 3rd party if they dont have the bike ?
I can now kind of understand this but they say if i had a photo of the accident scene it would be different just wondered if this is right and has anyone else had any experience of this happenning to them
Thanks in Advance Daniel

Interesting one. Assuming the 3rd party was deemed to be fully responsible for the initial collision, their insurers would be responsible for any damage done to the bike. However, if the bike was stolen before an assessor had the chance to inspect it, how do they know the value of the damage and therefore what redress you would be due?

Possibly you have a claim against your insurer if they were made aware of the situation but didn’t respond for 5 days?

I assume your insurer paid out the value of a non-damaged bike ?

Sounds like a situation in which a specialist solicitor should be consulted. you could try white dalton; they seem ok.

I guess it rests on if someone else was liable for the bike disappearing- the answer to which I don’t know.

Ring White Dalton and get advice from experts.

RSS (Rider Support Services) on 020 8246 4900 have been pretty good for me with bike claim. They are motorcycle specialist solicitors too. Ask for Michael Wheatley, say I referred you to him, and you’ll get free tea/coffee from him when you go to his London based office.

Ask police what records they have as most will take pictures .also any witnesses or other party will have pictures .plus do a google search for news reports as someone may have submitted a mobile phone picture etc

On the injury and loss front I can’t see why you can’t claim for all your losses including the lost bike. They are all the direct consequence of the actions that knocked you off. As above. See a specialist solicitor. Sounds to me like your insurer was trying to quickly wash their hands of their error in not recovering. You don’t want a theft on your insurance record if it was not your fault the bike went missing as it could affect who will insure you in future.