Hit from behind by drunk driver.

felixpickle

Hi All

I was hoping to get some advice, I was stationary at traffic lights when a car went into the back of my scooter.

The car that hit me did stop, to cut a long story short after I was taken off in an ambulance he was breathalysed and arrested for blowing over 100

I have no broken bones and was released from hospital after x rays on my wrists confirmed no breaks. I am in a lot of pain though, my back, wrists, hips and shoulders are agony.

I called my insurance company today and eventually managed to get through to a call centre but I'm still waiting for a call back.

My bike is in a sorry state, it's only a cheap chinese scooter so they will probably write it off.

My bike is my only form of transport, any idea how long it will take the insurance company to sort things out? Will it take longer because the guy was drunk?

Can I claim for loss of earnings? How does it all work?

Any advice would be really appreciated, this was my first accident ever and I don't know how anything works.

Thanks in anticipation...

Felix

InsideInsurance

On what basis are you insured (ie comprehensive or Third Party Fire & Theft)?
Do you have legal expenses cover on your policy?

A total loss settlement can take anything from a little over a week to a couple of months to resolve depending on the insurer involved (assuming your comprehensively insured). The fact the TP was drunk itself should make no difference to the length of time for settlement but if you are TPFT cover only and he hasn't bothered to inform his insurers yet then things could drag on.

As to loss of earnings, it will depend on why you are losing earnings, is it because of the injury making it impossible to work or is it because of your loss of transport to get to work? You have a legal responsibility to take all reasonable methods to minimise your claim so if it is just a transport thing you cannot claim £100 a day loss of earnings if a bus could get you there and back for £5 a day.

If it is loss of earnings due to injury then you will be entitled to claim for that if you actually lose any earnings, most employers will pay you full pay however for a period of time before you go onto statutory sick pay. To claim this you will need to have payslips from prior to the accident to demonstrate your normal pay and then payslips over the period of sickness to illustrate the reduced pay. Alternatively a letter from your employer confirming the amount of lost pay due to sickness (if you get sick pay then you haven't lost anything until you go onto SSP and then youve only lost the difference between your normal amount and SSP)

lisyloo

OK, first two questions.
What level of cover do you have on your scooter? Is it fully comp or 3rd party F&T.
Did you also pay for the legal cover option?

You should be able to get everything back, but there are various ways to proceed - directly agaisnt his insurer, through yours (if fully comp) of through a claims management company.
Tell us what cover you have and you shyoudl get some advice.

In the meantime keep a record of all your expenses and keep receipts. e.g. taxis or parking at the hospital.

If you are in agony, then go and see your GP.
A&E at the hospital are there to deal with immediate trauma, but you will need to see your GP if you need on-going treatment.
I know some people don't like doctors but this is really important, not just for the claim, but also to make sure you do the rights things. If you do the wrong things you could get scar tissue which could cause you problems, so get advice. The sooner you see your GP the sooner you'll get physio or whatever it is you need.

Also of you helmet took a knock, it's now useless. They are made for one impact ONLY as they take a lot of the impact for you.
It's not safe to use it again.
When you dispose of it then put a hammer through it to make sure that no-one picks it up and uses it.

felixpickle

Thanks for replying.

I am fully comp, I didnt pay the additional for legal cover but believe I get free legal advice through my union.

I couldnt get an appointment at the GP today, hopefully I will get one tomorrow.

I don't think my helmet took a knock, there are no visible marks on it but to be completely honest all I remember is the waiting at lights and then Im stood up in the middle of the road wondering what had hit me.

I will get sick pay for a short time but why should my employer bear the cost of his drunken behaviour? I know if I feel like I feel at the moment I will not be able to work tomorrow.

I have an underlying medical condition - ME/Chronic Fatigue Disorder, which is why I got the bike in the first place. There is public transport in my area but it means a couple of miles walk each day, which I physically cannot manage. Taxis are expensive, I would be looking at paying around £25 a day. I simply cannot afford that

Quentin

You need legal advice over this - or consider using a claim handler - no win no fee. They will ensure all angles are covered for you.

Some will give you a welcome bonus just for instructing them - google cashback injury lawyers to see £300 - £500 is not unusual just for instructing them!

lisyloo

I am fully comp

You have 3 options.
1. Claim direct off the 3rd party. You will still have to tell your own insurer about the claim but it won't affect your no claims discount short term because you won't be making a claim. One of the downsides to this is that you might have to finance another vehicle/transport in the meantime yourself unless the 3rd party insurer is very obliging (which they might be).
2. You could claim off your own insurance. Pros for this are that it should get sorted out quickly. Cons are that you will lose NCD temporarily untill the money is recovered, this might still be affecting you at renewal. Another downside is that your "uninsured losses" which are your excess, time of work, compensation for injury etc. will not be paid and you won't get a hire vehicle.
3. Get a claims management company involved. They will probably supply a bike and should be able to take care of everything. This might be the best way to go in your situation where there is police evidence.

I didnt pay the additional for legal cover but believe I get free legal advice through my union.

That's good, but legal advice is not the same as legal help e.g. solicitors writing letters and taking your case on. Advice is just advice and they won't actually help you with your case I don't think.

I will get sick pay for a short time but why should my employer bear the cost of his drunken behaviour?

I understand how you feel but it's a seperate issue, because it's your employers loss and not yours.

There are some bike specific companies that might help like this one.
http://www.sorrymate.com/

InsideInsurance

If there is any chance of the helmet having hit anything then I would go on the side of caution and replace it as they are life saving equipement but is useless after one impact.

For your employer, unfortunately thats life, its the same as if you had gotten drunk and fallen over and broke a bone your employers sick pay would have to cover you for your own drunken behaviour. They are under no obligation to pay sick pay (SSP is ultimately paid form the public purse) and so if they do so to attract employees then they know the risks.

Mitigation of losses only requires a reasonable approach, if you are physically unable to make it via public transport then thats how it is. It may be worth speaking to your insurer or the TP's insurers about the option of a replacement bike whilst yours is off the road.

Be aware however that if it is a total loss then once settlement has been reached you are only entitled to continue to claim for either loss of use of the bike (or the cost of hiring one) for up to 7 days from the date you receive the cheque after which the other party is not liable (obviously if you are still too ill to work that is another matter). If you are sure it is a total loss it may be worth starting to look now for what you will replace it with.

lisyloo

I'd agree about the helmet.
Add the cost of a replacement onto your claim with any other gear that was damaged.
It's a lifesaving piece of kit and you shouldn't take a chance if you don't know what happened.
I would never encourage anyone to exaggerate, but this is literally a bit of lifesaving equipment that is only good for one use.

felixpickle

The insurance company has called me back, I now have to decide whether I claim on my insurance or the drivers insurance.

I really don't know what to do for the best, I just want it sorted out as quickly as possible, they indicated on the phone it would probably be quicker through my insurance.

The police have confirmed the driver was 4 times over the limit so I don't think liability will be an issue.

Any advice would be appreciate, the painkillers are making me foggy headed!

dacouch

Which Insurer are you with ?

HOw much is your excess ?

felixpickle

My excess is £150. I got the insurance through Devitt who hooked me up with NIG but the company that called me back were Plantec Holdings which as far as I can tell are an independent claims company.

I have read some bad reviews about Plantec so now I am even more confused!