motorbike accident advice ;) ....... Updated

BertTheRaccoon

If a vehicle has seen some previous Cat C action, usually the insurer attempts to reduce value by 1/3.

There are some ombudsman decisions on this this which state if the person did not know the vehicle was a previous write off and paid full price, then the insurer should pay full "market value" - this applies when you are claiming against your own insurer, but as far as I'm concerned, same rules apply with you claiming directly against the insurer of the third party


See this link - para 14 - http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html#14

BertTheRaccoon

Her insurers will be dragging their heels to admit liability as they will realise this isn't a £1500 whiplash claim and that they are going to get greased down for a few quid.

So before they admit liability, they will probably be getting a copy of the police report to see if there is anything they can try and allege against you from a contributory negligence perspective - i.e. to say you were 25% negligent etc. This would obviously save them a few quid at the end of the day.

Insurers are an utter pain in the !!!! to deal with, it is just the nature of the beast I'm afraid.

vaio

BertTheRaccoon wrote: »

If a vehicle has seen some previous Cat C action, usually the insurer attempts to reduce value by 1/3.

There are some ombudsman decisions on this this which state if the person did not know the vehicle was a previous write off and paid full price, then the insurer should pay full "market value" - this applies when you are claiming against your own insurer, but as far as I'm concerned, same rules apply with you claiming directly against the insurer of the third party


See this link - para 14 - http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html#14

Wouldn't it be that whilst the FOS would do what's "fair" and pay for a replacement bike the courts would go for what's legal and pay for a replacement CAT C bike?

BertTheRaccoon

The courts may see that way from an indemnity perspective, but a claim handler at an insurance company may well be persuaded by some FOS precedents and the vehicle aspect of the claim will be settled long before quantum of general damages can be ascertained.

vaio

worth a try I suppose

im-lost

Many thanks, I guess I can but hope, won't hold my breath though.

What with it being THAT time of year, a fairer price wold be very much welcome, considering things are extremely tight right now, not that its much difference in the grand scheme of things, but every little helps.

im-lost

Received a letter today from the police collisions department.

States along the lines of, in order that our records can be completed would you supply the details.

Name, address, dob, injuries sustained, did you attend hospital, we're you detained etc etc

Now they should have all these details already, from my police statement a couple of months ago, I can't help but have a bad feeling about such a letter.

Is it normal for them to ask for details they already have, or is this something I should pass to my solicitor?

DUTR

im-lost wrote: »

Received a letter today from the police collisions department.

States along the lines of, in order that our records can be completed would you supply the details.

Name, address, dob, injuries sustained, did you attend hospital, we're you detained etc etc

Now they should have all these details already, from my police statement a couple of months ago, I can't help but have a bad feeling about such a letter.

Is it normal for them to ask for details they already have, or is this something I should pass to my solicitor?

They do and they don't, somebody had taken the details , but now another deprtment is dealing with the progress from a different angle, and bizzare as it may seem, some information cannot be passed about .
Yes comply with the requests and yes inform your agents acting upon your behalf.

vaio

As long as they are only asking for factual stuff then just answer them, keep a copy and send a copy to your solicitors.

Did you get interim payments sorted out?

im-lost

vaio wrote: »

As long as they are only asking for factual stuff then just answer them, keep a copy and send a copy to your solicitors.

Did you get interim payments sorted out?

No intrim payments, they haven't admitted liability yet, despite the fact that she admitted liability at the scene, I believe her statements say the same, she had also been out drinking before as it was her birthday,although she passed the breath test, but people who know her say shes extremely lucky to have passed as they are known to enjoy a tipple more than most, her partner visited my home whilst I was on the hospital and stated pretty much the same and would contact their insurers saying as much, the police officer who attended my home whilst I was in hospital said that I was in no part to blame, when he came to take my statement a couple of months ago he also said liability shouldn't be in dispute.

So I really don't know what the issue is, police dragging their feet, insurers dragging their feet etc. In the meantime I'm sat around living on a pittance, which all has to be paid back, I have no bike, no job, it's still early days but im unlikely going to gain full movement back in my lower leg and ankle, and will probably be left with a noticeable limp and further problems in the future, it really does feel like a monumental screw up, all because of the actions of this blind old bat.

I just want the i's dotted and t's crossed just so I know it's sorted out.