So as some of you may know already, my treasured Maytona was wiped out by a shitty Kia Karan this time last year. Since then it’s been an ongoing battle with the third party (Hastings) to progress with the personal injury claim.
My case is coming closer to being settled, however, after speaking to my solicitors today and receiving a counter offer from the third party, it has be brought to my attention that my gear was excluded in their offer.
The reason for this, I am told, is because the third party have requested bank statements to prove I purchased the gear! All of my gear was purchased online and I submitted invoices to them with all the details including my name and address.
I’m not happy sending bank statements to a third party as not only does it feel like an invasion of privacy but it’s also totally unnecessary for them to have. I’m already having to send photos of my damaged gear.
Has anybody got any advice on this issue? Do I need to go back to my case handler and see if she can get someone more senior to argue against this?
Print out paper copies of the bank statements and use a black magic marker to draw a line through all the transactions that are unrelated to the purchases, as well as the account number and sort code.
Just show your name, address and the specific transactions.
I was thinking of doing just that, but I’m still not happy with it. They’re looking for any way they can to get out of paying a penny extra (typical I know) they even refused to fund my physiotherapy (although I can claim that amongst my settlement)
It doesn’t matter who purchased the gear - if it was a gift, you’d still need to replace it.
@monkimark my sentiments exactly, it’s just infuriating. I’m thinking I need to get my case handler to pass it to a senior solicitor there as I get the impression she’s just accepting their requests far too easily…
I don’t see what the bank statements would prove that an invoice wouldn’t anyway - the invoice presumably has your card details (with most of the numbers blanked out) and your name as the card holder along with a description of what you bought.
The bank statement just says a certain amount of money went out to a company on a certain date and half the time the company is not clear from the statement anyway.
Can you not go online onto your bank account and specify a search for outgoings? EG, I buy from halfords, then I search halfords in my statements and it comes up with halfords only transactions?
Having said that, all the posts above are what I’d feel like too…
Oh it’s easy enough to do (with the exception of the jacket which was a gift) but I don’t like that they’ve asked me.
As I thought and monkimark has said, the bank statement won’t prove anything that the invoice doesn’t already prove. I feel like it’s deliberate to stall and try to wriggle out of paying out for my gear.
It’s just such a joke
Have a look at the fine print of your policy- it is usual for you to have to provide receipts or a bank statement to prove the loss occurred.
No point getting angry or annoyed at this- it will only upset you and have zero effect on them.
Look at it from their perspective- without receipts or other proof what is to stop people from inventing fake items or overcharging?
There might be other stuff going on with delays and such but asking for proof of purchase is just business as usual for them.
Good luck, I hope you get it sorted.
Surely your solicitors should be doing all this for you. Are you using solitors that are specialists in motorcycle claims?
I don’t think you need to show them how much you paid for the clothing, just how much it retails at. As you 've said your jacket was a gift, simply quoting how much it would cost to replace ought to suffice. Unless you’ve had alterations made to your clothing, then you may need to prove the additional cost of that.
As for your physiotherapy costs, don’t forget to add the cost of your travel to those sessions, and any impact that may have on your work, like taking time off to attend the physio.
They’re just building evidence that’ll stand up in Court should the third party’s insurers dispute any parts of the claim.
If sending in documents that contain sensitive information such as bank statements showing account numbers and sort codes that you don’t want to reveal don’t black out the numbers/codes remove them by cutting out with a pair of scissors, nail scissors will be perfect for the job
If the claim is going through the other person’s insurance, it shouldn’t matter what the fine print of you policy states should it?
Just to avoid any confusion, this is a personal injury claim going through the third party so my policy has no bearing on it.
@Aceman this is RSS that you recommended, I know you’ve had good experiences with them but I doubt I’ll ever use them again, it hasn’t been easy and straight forward.
My solicitor definitely wants enough evidence to hit back hard at the other side but shes already told me I won’t get 100% of the cost back for the gear as its “used” (because I’ve used it that is) which confuses me because it should be compensation to cover the cost of the replacement…
I get this all the time from clients.
Written estimates of like for like replacements is quite acceptable. The third party will/might try and stall, but at the end of the day it was due to the negligent behaviour of their client that put you in this position in the first place.
They might also try and argue for a deduction for wear and tear and this again can be subjective, but hang onto your old damaged kit and tell your legal representative and third party that it is available for inspection and they can also see that the replacement estimates are like for like.
If it is old kit, than be prepared to take a bit of a hit for wear and tear, if it is newish and good condition, then it should be a new for old replacement.
Thanks TC that’s exactly what my solicitor said. But he gear was all new and it must have been about the 4th time it was worn (at a push!) and my solicitor warned they’d try to deduct money for wear and tear. I’m taking pics to send to show it was in good condition and near perfect.
My biggest concern is the competence of my solicitor. When the case was originally taken on, a senior level solicitor dealt with it to ensure it went in my favour and he was very good and wouldn’t take any BS. He then passed it to another solicitor when the third party admitted liability. And as nice as she is, she’s getting taken for as much as a ride as I am and it’s frustrating me.
There are a couple of options available to you. Ask to speak to her supervisor or a senior member of the team and explain your concerns, or, ask them to obtain a statement from your supplying dealer explaining how kit works and how long it is likely to last.
I quite often, in my capacity as an expert provide a statement about kit which supports the new for old policy on the basis that kit does not have a shelf life of a few months but several years. The other side cannot then defend their policy on the grounds of safety as they know that they could be held liable if they do not replace and another crash and injury occurs, especially where the kit is new and hardly used.
I have only seen a reduction made once for wear and tear and that was a 15 year old helmet.
Thanks for your input TC it’s really helpful!
I think the statement will be ideal as they are trying to deduct the cost of replacement on the basis of wear and tear; all my kit on the day was less than a year old except for my gloves which were just over a year old. My lid was 2 months old😓
So along with that issue, the other concern is bank statements and of course, the jacket which was a gift.
The gift thing is just a red herring. How you obtained, purschased or aqquired your kit has nothing to do with anyone but you. They do not need to see your bank statement or anything else other than a written quote for replacement.
The reason for a like for like quote is to prevent someone for example with a £20 Lidl special claiming for a £500 Arai. If you were wearing an Arai, then the quote/estimate should be for an Arai. If you were wearing RST leathers (for example) then the quote/estimate should be for RST leathers.
Bank statements have nothing to do with either your solicitor or the third party as far as your kit is concerned, the only time it may be required is if you are claiming for loss of earnings, overtime and other personal financial losses.