Reclaim Time/Inconvience post Car/Bicycle Crash

Zelfer

InsideInsurance wrote: »

The insurers represent their clients not you, how are they being anything but professional for wanting to get their client's version of events?

Would you be happy if your insurers registered a fault claim against you and paid out just because someone called up and said you'd caused them losses? There'd be another thread on here bad mouthing the insurers I am guessing.

I guess that's why insurers request that you contact them asap after an accident so that you can put your side of the detail across.
Or. If you don't, they send you letters, emails or try and call you so that you can easily respond. According to the insurer, they have tried about 20 calls, 4 letters, and as many emails.

Yes, there are instances where being offshore for 3 months is a possibility, but then you wouldn't have been involved in an accident during that time, would you?

I think it's stupid that an insurance company can't get the police report without me having to get it via my solicitors, which I'm not able to pay for or get on no win/no fee.

Zelfer

lisyloo wrote: »

Don't take this the wrong way please.
But it seems to me that you have caused all this impact.

Don't take this the wrong way, but YOU have caused the impact by handling it the wrong way and expecting these people to be on your side.
They are the insurance company of the driver and have no obigation to you unless you can prove it.
Phoning them up and asking them nicely is a waste of time, so it's your actions and incorrect expectations that have caused you all this stress.
All you need is letter that's all (I'd recommend recorded delivery which I believe is an extra 75p).

No you cannot claim for money you might have earned had you not chosen to make fruitless phone call. Firstly that was your choice to spend the time (ineffectively) that way but also you can only claim provable actual losses, so for example a letter from your employer saying "we deducted X because of your time off related to the accident".

Don't shoot the messenger if you don't like the message, but the stress is your own making for expecting a company you do not represent you to "do right" by you.

I didn't quite respond in full, sorry.

Yes. This is my doing. I'm worried that I might eventually be sued for damage to his car. Im worried that im spending less time at home, because travelling is taking an extra hour a day. Because until he admits liabilty, or liability is admitted for him, I am potentially liable, and I don't have legal insurance or third party liability cover in case he does.

No, I don't expect the insurers to be on my side. I expect them to be on his side, and the side of their shareholders. But equally, I don't expect to be lied to, ignored (not returning calls or emails when promised, 7 so far in ten days), or be out of pocket (eventually).

And because my bike isn't repaired, in having to take a bus and walk, so unexpected costs (claimable), let alone more time travelling(not claimable). I could hire a bike, but I would still have to pay upfront for that, and i have no idea how long i would have to hire it for- eventually, a new bike will cost less than a hire. And all because the driver hasn't spoken to his insurer.

Yes, I could take time off work on stress caused by the accident, which would then be reclaimable... But that's going to far.

So, where is the line? Be unreasonable, claim time off work, make a big PI claim and get a solicitor involved as then it's over £1k or expect people to be reasonable.

I would expect the insurer to want to minimise their losses by not wanting to pay my legal fees and expenses if they can get away with it, which to date is what I've been offering them, mainly because its not proportionate!

rudekid48

Sorry if I've missed the answer to this, but have you got the name & address of the driver?

Zelfer

rudekid48 wrote: »

Sorry if I've missed the answer to this, but have you got the name & address of the driver?

Yep, got all that.

rs65

Remember you have a duty to mitigate a loss.

Do you have no access at all to £300? Credit card, family, friends etc.?

Do you have home contents insurance? Does it include personal liability and/or family legal protection?

Will your doctor sign you off with stress? Do you really want a medical history including time off for stress?

On Monday you said you have a little soreness for a week after the accident (back in June) but on Wednesday your injuries are impacting your life.

Seriously, you need to be looking for solutions, not obstacles.

rs65

Did you seek medical attention after the accident? Can you prove a large PI claim?

Zelfer

rs65 wrote: »

Remember you have a duty to mitigate a loss.

Do you have no access at all to £300? Credit card, family, friends etc.?

Do you have home contents insurance? Does it include personal liability and/or family legal protection?

Will your doctor sign you off with stress? Do you really want a medical history including time off for stress?

On Monday you said you have a little soreness for a week after the accident (back in June) but on Wednesday your injuries are impacting your life.

Seriously, you need to be looking for solutions, not obstacles.

I'm trying to find a solution :-). All I really want is my bike back in a road safe condition, but I appear to need legal input to get that at the moment, which I can't get.:silenced:

No, I don't currently have £300 spare, and could only put £100 on a cc, which would need to paid back at the end of the month. Given it has taken 2 months so far, what steps do I take it when the insurer still hasn't had admission of liability? Do I take a pay day loan? Apply for a new CC? A payday loan will be quick, a cc slow. So mitigating my time loss, the payday loans it is, right? 0% finance a new bike maybe? The bike may be written off, so do I get a cheap bike, hire a bike, or a replacement eqivilant, when 8 years ago when i spent 1.5k on the bike having it custom sized? Who decides when it comes to mitigating my losses, if I don't know if( let alone when) ill be getting it back? :wall: Things change, and I have significantly less discretionary cash now than I had even 4 months ago:(

I have confused this post/thread with the injury stuff, because I didnt, (and still don't ) want to talk about it. Mainly because it's complicated, would link the accident, claim and personal details to this user account and thread, and it wasn't relevant to the original purpose of the thread other than to state its a factor in the scheme of things. I played it down.

Stress is stress, been there, done that on my gp record already.

Back on thread.. How come i have a duty to minimise my loss , but the driver doesn't, be it measured in time or money? Or does he, and his behaviour is breaking that duty of care?:huh:

Sorry, :mad::mad::mad::mad: angry again, not at you guys and gals, but at the situation. I feel I've done everything I can to get this moving, daily chasing, ensuring people had all the info I could get them (, considering my duty to minimse losses) , including not enter an agreement with an expensive lawyer, and i'm being screwed by the driver and the system in return.:mad:

rs65

Zelfer wrote: »

I have confused this post/thread with the injury stuff, because I didnt, (and still don't ) want to talk about it. Mainly because it's complicated, would link the accident, claim and personal details to this user account and thread, and it wasn't relevant to the original purpose of the thread other than to state its a factor in the scheme of things. I played it down.

No-one here can really help if you can't or won't give the facts (which is your choice).

If you have an injury claim then surely a lot of your posts about not getting legal representations are redundant. Problem solved.

rs65

Zelfer wrote: »

How come i have a duty to minimise my loss , but the driver doesn't, be it measured in time or money? Or does he, and his behaviour is breaking that duty of care?:huh:

Common law says you have a duty to mitigate. The driver also has a duty to mitigate his losses but if he isn't claiming against you for them, that's irrelevant.

It isn't a duty of care.