Claim Question

LucyS

Hi,

I have a pending claim where a cyclist is claiming I knocked him off his bike and is claiming for whiplash and a fractured wrist.

I am disputing the claim as this wasn't the case and he actually came out of nowhere and hit my car but in panic I gave him my number out of goodwill and he gave me absolutely nothing and I didn't even moan about the scratching to my car as was more worried about him being ok.

He went off then decided he'd claim and somehow got hold of my address and sent his (later turned out to be) father in law round pretending to be a police officer of which was reported to police and is clainming there was a witness at scene when there wasn't.

Basically I have told all this to insurance and they are still saying they want to pay him out- I am still going to contest it but knowing sods law they will end up paying him out for all his lies.

They never claimed any excess from me from the start as I never asked for the repairs to be done to my car as they were superficial and I am not the type to just claim for no reason. I will fight this but will they ask for my excess if it finally ends in his favour? This accident happened in 2006.

Thanks

*MF*

Hi ...99.99% confident in saying that any excess under your insurance will relate to damage to your car, and not to a claim from a "third party", so as you didn't claim for any scratching to your car, and any payment would only be to the third party - you will have no excess to pay. Double check by reading your policy or ask the Insurers.

Guess this doesn't lessen your anger at the circumstances, but hope it helps in some way, ok?

geri1965_2

You definitely won't have to pay any excess.

What were the circumstances? He can't have "come out of nowhere"!

Oscar_The_Grouch

Hi Lucy

If you are worried about what your insurers are doing, ask to see any evidence they have received from the cyclist so that you can comment on it - they are acting for you so should not have a problem with this.

Hope everything goes ok.

davsidipp

Thanks people.

He is saying he was in the bicycle lane on the main road but there is no way as impact was a good 30feet into the side road!

My insurers are basically saying they are not disputing liability just the amoutn but want my full co-operation or something? Which I think is wrong as I have not admitted liability?

Hoping you guys will be right in that my excess wont need to be payed?

davsidipp

sorry logged onto my parents account by mistake-this is LucyS!

Quentin

If you don't want to rely on us guys, get your policy out and read up on when you have to pay the excess when you make a claim!

geri1965_2

It's very rare to have an excess that applies to the third party claim, but as Quentin says if you are not sure, then check the policy.

I recommend you just let your insurers get on and deal with the claim - they are the experts, and if you can't even tell them what happened then I don't see how they can defend it.

If there are any doubts as to whether the cyclist is telling the truth or not, then they will check his medical records. A fractured wrist is pretty serious and he must have had to attend hospital.

LucyS

I can tell them that he came out of nowhere and hit the car and it wasn't in the place he was trying to say. So just because of that they just pay him out, whata joke!

geri1965_2

But as I said before, he can't have "come out of nowhere". There is no such place as nowhere! If you are being as vague with your insurers as you are on here, then frankly I can understand why they feel like they don't have any chance of defending the claim, as you wouldn't make a very good witness should it proceed to court.

I'll ask you again - what were the circumstances of the accident? Were you a main road? Where did he come from (not "nowhere" - did he come from your left or your right?)

What is his version of events?

Nicole_B

Hi

Just to re-iterate what everyone else has said, the excess is only payable if you are having the damage to your car repaired.

With regards to the incident itself, normally YOUR insurance company will work in your best interests. If what you have told us you have also told them then there must be a reason why they are thinking of paying out to him.

Have you told the Insurance company the exact details like Geri1965 has said. Exact times, places, what happened next etc. The more you tell them the more they can fight your corner better.

Have you also told them about the father in law pretending to be a Police Officer?