Was riding bandit home yesterday when some pussy decided to shoot out a side road on me and BANG T-Bone. Hit the geezers door at around 30mph. Anyway bike went down on the side and put some scratches on the engine casing and the bar end but that was all. I suffered serious whiplash and bad back
Head,shoulders,knees and toes are also hurting a bit and me eyes and ears and mouth and nose. But mainly me head,shoulders knees and toes…Luckliy got helmet and leathers cover to sort all my ruined gear out.
Anyway he tried to offer me money at the road side to settle it said he didn’t want his insurance to go up… I said no mate thats no how it works is it. We quickly established he had insurance and exchanged details and to be fair given his occupation he was a decent member of society one would like to think… He told me “Sorry I didn’t look I no its my fault etc etc”. Have got 6 witnesses that saw what happend as there were a group of workers walking to the cafe at the time.Luckly 3 of them are bikers and saw the whole lot. Managed to get all there details etc.
The bike is only third part fire and theft and in the next morning his insurance rang me asking me to confirm what happend and if I had witness details etc. I told em to speak to my solicitors dealing with it.
Not up on this insurance game. Some hire firm rang me and offered me a hire bike which I said yeah ok i’ll have that. This hire comapny are sending a engineer round to inspect the damage on my bike? I don’t understand why if I am 3rd part? I have had a close look at the bike and think the forks are bent as the wheel is facing to the left of the mudguard and its quite noticable. Shame as its a newish bike. But makes me wonder why send an engineer round if its only third party? what if he writes it off? being third party on it how can they pay me out?? I’m confused. Can I buy it back? Hate insurance fooking confusing
Oh and before anyone asks…My crown survied so I am still the King…:laugh:
Look carefully at any “bike hire firm” contract - often they charge very high prices, and if for whatever reason the insurance company doesn’t pay out (e.g. they decide the guy’s insurance wasn’t valid because he didn’t declare something, happens more often than you’d think), you will be liable for the cost of the bike hire (and that pleasant sounding lady on the phone will now turn into a nasty solicitor chasing you for money).
Talk to the other guy’s insurance (or have your solicitor do it), have them pay directly for a loaner bike (don’t get greedy, go with the cheapest option that you feel is reasonable - showing good faith here can pay dividends), and have them fix the bike. You are within your rights to demand that they fix the bike, even if they decide that the cost means it’s not worth it.
if ive read that correctly you dont think your entitled to a hire vehicle ? well as the accident is not your fault and your the one that is inconvenienced you can claim for transport from his insurance company so go for it.
thrid party cover only relates to claims under your own insurance, so if it was your fault your insurance would only pay for the repairs to his car leaving you to cover your own repairs.
as for writing it off, an insurance company will write it off only of its beyond economical repair, so if the bike is only worth £1k and there is £600 damage they wont repair it and will write it off, you can still buy it back but it will remain on the insurance register in one of there categories.
you are claiming against him so it does not matter what type ofcover you have, yes they do need to send an engineer out to look at your bike which by the sounds of it will be a write off which they will then make you an offer, you can ask to keep the bike at the salvage price [ not that an ER5 is worth a lot] dont forget to go see the doctor will all your pains you have so it is recorded for after, bike claim should only take a month to sort out as they will not like the hire price rates to go on too long, injury claim will take about a year to sort out after they have sent you to see the doctor in Harley street
Definately get the other party’s insurance to sort out the bike hire, it’s in their interests as they will use their own approved provider which will keep their costs down, and it’s better for you as you know there won’t be nay nasty surprises at the end.
With the hire bike issue, I would concur with previous comments regarding hire bike costs. I have had clients who have entered into agreements with claims management firms for hire bikes and then been hit with bill for several thousands of pounds when the third party contested it as being unreasonable, which given the high costs they charge is not surprising.
Although you are the injured party, you have to be seen to mitigate your losses, and so simply hiring a bike for several weeks on the basis that the other side will pay does not always work like that.
I recently had to deal with a guy who was awarded £10,000 compensation, the hire bike costs was £12,000 and he became liable for 80% of those hire costs when the court threw out the cost of the hire bike because they were so unreasonable, and it did not help that the hire bike had been provided from day 1 but becuae of his injuries he was unable to ride for about 4 weeks, so there were hire charged being racked up for the period where it was just sat in his garage not bing used.
The claims management firms make their money through the hire costs and then the referral fee they get when they pass the case to a law firm (usually about £500 - £1,000) although the referral fees will be outlawed from next year.
You are better off choosing a personal injury law firm of your choice, getting the bike sorted by a local dealer of your choosing and if you can avoid the hire of the bike altogether.
As a by the by, if your case is settled within a couple of months for your injury, then you will have had your injuries seriously undevalued.
12 - 18 months for minor injury, 18 - 36 months for more serious injury and 3 years + for fatal and catastrophic injuries.
Yes, there are some nasty vehicle hire scams which insurance companies are party to. You hire a bike at enormous cost, their insurer refuses to pay, you get pursued for unpaid hire costs, your insurer walks away with a hefty commission for selling your details to the hire company! Sometimes they even get a % of the hire charges!
One of the big disadvantages of third party cover as opposed to comprehensive is that if you are third party no-one is acting for you, they are all acting for themselves trying to make cash out of your accident, and avoid any liability. If you are comprehensive with replacement vehicle cover etc, then everyone has an interest in resolving this to your satisfaction quickly to avoid their costs rising. If third party, once you have signed some credit hire agreement, then your insurer and the hire company have a mutual interest in delaying resolution as long as possible so the hire charges and commission get as high as possible.
You dont have to relay on the Insurance services or ambulance chasers, some of them are a bit unprofessional. If you know they were in the wrong, you could of course just take them to court for all of your costs.