No fault accident - saga

minimark

Hi everyone.

Back in August i had an accident. I was driving a motorbike when driver on my right decided to turn left (into my lane) without indicating. Obviously i was "learning to fly" across the road. Spent evening in hospital and bike was damaged. After 4 months of "investigation" by Transport Police, they sent me a letter stating that other driver was found at fault and he decided to take Awareness course instead of prosecution.

As i only have Third Party, Fire and Theft - my question is, what can i claim and how? My insurer refuses to help and only gave me some Injury lawyer contact details. But what about my bike and repairs?

Thank you

Aylesbury_Duck

You can claim for your losses from the other party. What happened when you informed your insurers? Presumably they opened a file pending resolution? Now that the other party has been determined as at fault, your insurer should help you make the necessary claim from the driver's insurance.

minimark

That's what i thought - but without other party admitting their fault, they dont want to do anything. I have spoke to Transport Police and they said that Insurer can request a file/report which will detail the accident and show other parties fault, however those files cost money and my insurer does not want to do anything (stating i only have 3rd party fire and theft, hence...)

Aylesbury_Duck

Contact the other party's insurer and tell them you want to make a claim for your losses. Presumably they will have a record of the accident on file and they will know (or should have been informed) of the fact that their client was found to be at fault. To me, that makes them liable for your losses.

minimark

And how can i find other party insurer details? I only been given his name/surname by police and they are not disclosing anything else to me.

Mercdriver

minimark wrote: »

And how can i find other party insurer details? I only been given his name/surname by police and they are not disclosing anything else to me.

Do you have the car registration? You can then do a search of the Insurance database. Bit off that the police won't give you the insurance details of the driver at fault. Have you tried calling again and asking for the insurance details? HUACA (Hang up and call again) is often worth trying...

Aylesbury_Duck

Four months after the accident and you don't have his details?

Do you have his registration number? If so, go on askMID.com and find out who his insurer is.

Warwick_Hunt

minimark wrote: »

And how can i find other party insurer details? I only been given his name/surname by police and they are not disclosing anything else to me.

Call the police back and tell them in order to comply with the road traffic act you need the registration number of the car that hit you, the drivers details and if different the owners and the insurance details.

angrycrow

Your cover with your own insurers is tpft so they have no obligation to assist you on a non fault accident. They have already put you in touch with a solicitor who would pursue the claim for you. The solicitors will apply for the police report to obtain the other drivers details.

If you have legal expenses cover on your policy you keep 100% of your damages recovered. If no legal cover the solicitors can keep up to 25% of your damaged towards their profit.

Most police forces would have issued an outcome letter to you stating Joe blogs driver of vehicle xy11xyz was offered and completed a driver improvement course. If you had this letter you have the reg to approach tp insurers directly.

Manxman_in_exile

Mercdriver wrote: »

Do you have the car registration? You can then do a search of the Insurance database. Bit off that the police won't give you the insurance details of the driver at fault. Have you tried calling again and asking for the insurance details? HUACA (Hang up and call again) is often worth trying...

Yeah - that's a bit hard to believe(?). When a third party wrote off our car the police attended and it was they who exchanged our respective insurance details on our behalf.

marlot

I'd get a specialist bike injury solicitor. Go onto the MCN website and you'll get some recommendations.

When I was knocked off my bike, I was able to claim for my bike, injuries, new helmet etc.