Payslip/Insurance claim issue.

LAEllis

My insurance company has replied to my comments (about sufficient evidence and ageneral update) he has stated that the other insurance company is still offering

£35 and "do it yourself"

he said they have made no comments regarding loss of earnings, and court proceedings will have to start.

I dont mind going to court, with the amount of evidence i have for the earnings do you guys think i'll have any issues?

Also, they are disputing that the bike fell and that the damage is from that crash,they state that the time it took for me to get the damage report (4+ mnts) is too long (despite the fact that i couldn’t get down the stairs let along take the bike to get it looked at/organise someone to pick it up) i have a physio report stating my injuries will be significant for about 6 months.

They guy who hit me has said it didnt fall, and that i said i'd repair it myself...both of which is utter *****.

any advice on what my options are? is it likely i'd be found favourably in court? i dont trust my insurance company to give me decent advice and will be ditching them asap.

InsideInsurance

Courts are always slightly a toss of a coin. In the civil court they work "on the balance of probability" rather than "beyond reasonable doubt" and so it basically comes down to who is most believable

To work out your chances you need to look at all the details of the incident but also the parties involved. Teenage lad with mates -v- mature woman with small children, the courts are more likely to believe the family woman.

LAEllis

rear smash at a t junction, Motorcycle 24/25 yr old working male on commute (me, work for government) vs 35/40+guy in van, poss company (turkish veg delivery i think)

i know its difficult to tell, i've never had to go to court over any rtc before so it will be interesting to say the least. To be honest all i want is my wages, bike repaired or a reasonable offer. I dont even care about personal injury at this point.

InsideInsurance

LAEllis wrote: »

i know its difficult to tell, i've never had to go to court over any rtc before so it will be interesting to say the least.

It does vary depending on the court but in most cases it is not as much fun as you'd hope. Often its done in what is basically a meeting room with a reasonable size table, each party takes a side and the judge in normal clothing sitting at the head of the table.

LAEllis wrote: »

I dont even care about personal injury at this point.

You need to be careful with the above as once you go to court then you cannot decide to claim anything else in the future. The courts ruling would be for full and final settlement

LAEllis

thecourt setting itself does not bother me, i worked in various courts for over ayear (magistrates, crown and a county).

As faras i am aware i have never worked in a claims court/tribunal court, andobviously never in this position.

Willit be a case of just revisiting events, claim and evidence and then a decision will bemade?

rs65

LAEllis wrote: »

my insurance company has replied to my comments

Is it actually your insurance company that is negotiating this for you?

I think you would be best with a claims company or uninsured loss recovery specialist advising you.

LAEllis

rs65 wrote: »

Is it actually your insurance company that is negotiating this for you?

I think you would be best with a claims company or uninsured loss recovery specialist advising you.

It is my company, but to be honest i have no faith in them. They've got so many things wrong, asked me to repeatedly send info that ive already given and even sent me other peoples insurance & address details.

And taken over a year to get the ball moving.