car vs motorcycle - help please!

DWhite

My partner was knocked off his motorbike 3 weeks ago by a driver who pulled out of a junction without looking. His bike is written off and his leg was broken in 5 places resulting in a hospital stay and operation on the leg.
The driver of the car admitted guilt at the side of the road and was cautioned by police for driving without due care and attention.
My partner has just had his insurance pay out for the bike, which was paid minus the excess. Is this standard even if he wasn't at fault? We were under the impression that as it wasn't his fault he shouldn't pay the excess. There's been no word from the insurer to say the claim is disputed.
My partner also wants to try to claim compensation as he lost all of his bike gear which amounts to around £1K and also as he is self employed he has lost earnings. Does anyone have any experience with such things?

agrinnall

Does he have motor legal cover with his policy? If he does, contact them and they will probably assist with recovering the excess, damages and lost earnings as it sounds like he has a good case. If not then he might want to consider paying for legal help, perhaps using a no win no fee company.

DWhite

Thank you, he didn't have legal cover with ihs insurer but he has been in touch with a no win no fee solicitor who seem happy to take the case. I'm wondering how likely it is to succeed and what he might gain from it. He's become quite focused on getting it all done, mainly due to having nothing else to do all day laying around with a broken leg!

Strider590

The excess thing is pretty standard, I also wouldn't be surprised if the case gets dragged out past his insurance renewal, so that he'll have to pay anything up to 3 times the normal renewal fee.

It just seems to be the way the insurance companies work these days.

DWhite

Wow, I hope that doesn't happen! Though he hasn't long renewed so hopefully it will all be sorted by the time it comes around again.

Strider590

DWhite wrote: »

Wow, I hope that doesn't happen! Though he hasn't long renewed so hopefully it will all be sorted by the time it comes around again.

Might be ok then, generally they can make excuses for the first 6 to 9 months, but after that not so much.

neilmcl

DWhite wrote: »

Wow, I hope that doesn't happen! Though he hasn't long renewed so hopefully it will all be sorted by the time it comes around again.

I know it's too late now but for the future if involved in an no-fault accident, if you can, claim directly from the 3rd party insurer, this way you won't lose any excess.

DWhite

Thank you, had no idea how any of it works and we were dealing with it initially while he was in hospital so not best placed for it all.

Norman_Castle

I'm pretty sure you only pay your excess if you claim from your own insurer. If your husband was not at fault this claim should be paid in full by the third parties insurer. Don't accept any payments without agreeing they are fair. You can claim for all losses. Ask on the insurance board for better advice.

http://forums.moneysavingexpert.com/forumdisplay.php?f=21

Tigsteroonie

Not a recommendation, but these people deal with bike accident claims: http://www.sorrymate.com/ (they keep advertising on local radio!)

neilmcl

Norman_Castle wrote: »

I'm pretty sure you only pay your excess if you claim from your own insurer.

Which is exactly what the OP (OP's OH) has done at this stage.

DWhite, get you partner to speak to his insure about claiming back the excess from the TP insurer.