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Insurance Nightmare
Hi all,
I was recently involved in a collision whereby I was turning right at a junction, at night, and a young lad on a moped went into the rear passenger side of my car.
Witnesses have made statements to the police confirming that he was speeding across the junction, he had earphones in his ears listening to music and was carrying a McFlurry. I also believe his headlight was not on, otherwise I would have easily seen him, but I doubt that the witnesses would have seen this.
My car has been written off by my insurance company but I am getting conflicting information and advice from the insurance company and the police officer.
My insurance company have told me that it is more than likely I am responsible and will have to admit liability, whereas the police officer has advised me not to on the grounds of the witness statements and an investigation into him being charged with driving without due care and attention.
Can anyone please advise me on what I should do next, as it seems like I am fighting a losing battle?
I was recently involved in a collision whereby I was turning right at a junction, at night, and a young lad on a moped went into the rear passenger side of my car.
Witnesses have made statements to the police confirming that he was speeding across the junction, he had earphones in his ears listening to music and was carrying a McFlurry. I also believe his headlight was not on, otherwise I would have easily seen him, but I doubt that the witnesses would have seen this.
My car has been written off by my insurance company but I am getting conflicting information and advice from the insurance company and the police officer.
My insurance company have told me that it is more than likely I am responsible and will have to admit liability, whereas the police officer has advised me not to on the grounds of the witness statements and an investigation into him being charged with driving without due care and attention.
Can anyone please advise me on what I should do next, as it seems like I am fighting a losing battle?
0
Comments
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So you were turning right, pulled out then he hit you on the rear right or left side of your car?
Sounds like it was your fault to me. I thought that all motorcycles have their head light on the whole time unless the blub was blown? How fast do mopeds go nowadays, thought they barely do 30mph? If this was a 30mpg road then there should of been street lights, if it was pitch black at a 40-50-60mpg limit then I doubt he was speeding.
You may be able to settle split liability if the witness statement says he was speeding, earphones and eating an ice cream with no headlights but it may be a struggle."Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!0 -
Foxy-Stoat wrote: »I thought that all motorcycles have their head light on the whole time unless the blub was blown?
Depends how old it is for that. New ones yes but not all the older ones. Still if it was possible to see him carryign a McFlurry he can't have been that badly lit or travelling too fast.
If it was a moped then you are probably lookign 50mph tops and that's if it was derestricted. A 125 scooter will hit 60+ no problem.
Still OP, if the police are looking into it then you may have to wait until all that is resolved before the insurance sign off. My mate was knocked off his bike by a woman who ran a red light. Took months for her to be charged with driving without due care and attention and he didn't get paid out until that was resolved.
5t.What if there was no such thing as a rhetorical question?0 -
He hit me on the rear left side of my car.
It was a 30mph limit so there was street lighting, but I looked ahead of me for oncoming traffic and can categorically say that I did not see him.
He was riding a 125cc moped which, in my experience, can reach speeds of around 60mph quite easily. Looking at the state of my car after the collision, it is quite possible he was doing around that speed.
Is the police officer wrong in telling me that my insurance company shouldn't be admitting liability, or are Admiral not backing me up enough?0 -
Depends how old it is for that. New ones yes but not all the older ones. Still if it was possible to see him carryign a McFlurry he can't have been that badly lit or travelling too fast.
If it was a moped then you are probably lookign 50mph tops and that's if it was derestricted. A 125 scooter will hit 60+ no problem.
Still OP, if the police are looking into it then you may have to wait until all that is resolved before the insurance sign off. My mate was knocked off his bike by a woman who ran a red light. Took months for her to be charged with driving without due care and attention and he didn't get paid out until that was resolved.
5t.
No-one saw him carrying the McFlurry, but it was in the middle of the road after the collision and he kept asking where it was whilst the paramedics where checking him over! Seriously!
What seems extremely unfair to me is that say, hypothetically, he only has TP cover. His moped would be written off with my insurance company stumping up for that. In the same breath, he could also be charged with driving witout due care and attention.
Is it just me or does that defy logic?0 -
Sorry OP sounds like you pulled out in front of him, speeding or not.
The fact he had headphones in isn't an issue. I ride with ear plugs in. You should have been able to hear him, not the other way round.
You've said you didn't see him and the SIMDSY (Sorry Mate I Didn't See You) is the most common form of accidents for bikes. People look for a car, don't see one, pull out and BANG!
You may remember this advert http://www.youtube.com/watch?v=SXI8-_9FrB4 so bikes are easily missed, especially with the big A-Pillars cars have these days. You can lose a bike behind one.
You may find any damages he claim get reduced due to speed etc but I can't see how the primary fault will not be with you.
5t.What if there was no such thing as a rhetorical question?0 -
......Is the police officer wrong in telling me that my insurance company shouldn't be admitting liability, or are Admiral not backing me up enough?
The police officer was wrong to get involved in discussing the liability issue with you (he isn't paid or trained to do that), and you are wrong to be thinking he was an authority and can advise correctly on how insurers should be dealing with claims against their clients!
As the cyclist's claim could be a big one (as injury is involved), it isn't in Admiral's interest to be "not backing you up".
Whatever the impact of the speeding you allege, the claim will go down as a fault claim against you (possibly split with the third party, but this won't help you save your NCD (if you have any to lose), or having your future premiums loaded with this on your history.
So little point you stressing too much over whether ot not your insurer has to pay for the motor bike repairs - as they will have to pay out something, (if not the lot), irrespective of whether or not the third party has any insurance cover.
Read up in your policy what happens after a write off, as some policies end, and others only allow a short time to continue with the policy by insuring any replacement car on it.
Check with your insurer before buying any new car that it will be acceptable to them - otherwise there will be more expense as you would have to take out a new policy if they don't like the car you buy.0 -
Whatever the impact of the speeding you allege, the claim will go down as a fault claim against you (possibly split with the third party, but this won't help you save your NCD (if you have any to lose), or having your future premiums loaded with this on your history.
Basic summary of what I said. Only extra thing I'd add is you may have your NCD protected in which case you won't lose it but remember it is only a discount applied to the base premium so even with full no claims the premium will rise because of the claim.
5t.What if there was no such thing as a rhetorical question?0 -
Was the guy injured in any way. If not, I seriously doubt he was travelling at 60mph, hit you dead on on the side of your vehicle and was able to walk away. Regardless, you should never admit liability in the first instance, not until all the facts are in.He was riding a 125cc moped which, in my experience, can reach speeds of around 60mph quite easily. Looking at the state of my car after the collision, it is quite possible he was doing around that speed.
Is the police officer wrong in telling me that my insurance company shouldn't be admitting liability, or are Admiral not backing me up enough?0 -
Was the guy injured in any way. If not, I seriously doubt he was travelling at 60mph, hit you dead on on the side of your vehicle and was able to walk away. Regardless, you should never admit liability in the first instance, not until all the facts are in.
I have been informed that the 3rd party has injured his knee, but at the scene the paramedic said that it is just bruising.
He wasn't able to just 'walk away' as he was obviously hurt and my first thoughts at the time were for him as I have had my fair share of mopeds / bikes.
I am just annoyed that I was misled by Admiral, by them saying that if he is prosecuted with driving without due care and attention and the witnesses confirm that he was speeding, it could add more weight to my argument. Now they are saying, probably rightly, that those are police matters and are nothing to do with them :mad:0 -
Even if the moped rider was speeding and/or wasn't paying as much attention as they should have (and prosecuted for it), you still should not have cut across their path. simples.
Sorry but it's a hard lesson to learn.We need the earth for food, water, and shelter.
The earth needs us for nothing.
The earth does not belong to us.
We belong to the Earth0
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