Non fault motorcycle accident

Dennymc123

Hi all,

I was involved in an accident that was not my fault, although this is still to be established.

I have been given a hire motorcycle and mine has been collected for assessment of damage.
It has been decided that my motorcycle is beyond economical repair.

My worry now is that I will end up getting very little money back for my bike as it is a 2002 reg with 40k on the clock.

Is it likely that I will end up in a situation where I will be left without enough money from my claim to get myself a replacement bike?

I need my bike for work as I work shifts and cannot rely on public transport to get there and my partner can't give me lifts as we have a 10 month old baby and I work 3 shift patterns, days, evenings and nights.

Without a vehicle I will have to take time off work and could potentially lose my job as I have only been there for 11 months and they don't take kindly to absence, plus I don't get sick pay so would end up struggling to pay bills as my partner is still on maternity leave.

I have received a letter from the 3rd parties insurers offering a hire vehicle at no cost so I'm taking it that they are going to accept liability as I don't see why they would offer this if they thought I was at fault.

Will I be put back in the position I was in before the accident or left out of pocket still paying back the loan i took to buy the bike in the first place.

I'm really stressing out over all of this as it could potentially set me back in saving for a mortgage.

Thanks in advance for any replies

Quentin

If you claim off the third party then you will have to negotiate with them a settlement deal


If you claim off your own insurer (assuming you have comprehensive cover) then their settlement should be in line with the FOS ruling that it should be based on the market value immediately prior to the incident


(If your current loan is in excess of its market value then that will be your problem, not the third party's!)

Aretnap

The settlement figure should be sufficient to buy a replacement bike equivalent to the one that was written off - ie a 2002 bike with about 40K miles on it. Obviously this might not be very much and you might prefer to buy a newer more expensive bike rather than take your chances with an unknown 17 year old one... but it would be up to you to find the extra money in that case, the insurer is only liable for the actual value of the bike that was written off.

If you have an outstanding loan then the insurer is not liable for that - is a debt that you would have to pay off whether or not you had the accident.

Dennymc123

I have fully comprehensive cover.
How will the market value be determined? Will they simply check some websites and see what bikes of the same year and similar mileage are selling for? I know my excess will be deducted from the amount they will offer but I will be claiming this back off the 3rd party insurance.

I understand that the loan is my responsibility and wouldn't be taken into consideration.

Dennymc123

Sorry Aretnap

I only just saw your reply, that would be ok then as long as I can replace my bike even for awhile until i can get something else.

I will also discuss the possibility of buying my bike as a wrote off as i believe the damage is considered cosmetic, fairings and exhaust etc, depending on the cost of a new policy on it.

I know I can replace all fairings and the exhaust for under or around £500 so that might be an option.

I know it's an old bike but it is reliable and I really love my bike as it's my first "big" bike

Dennymc123

Thank you both for the replies, I feel a little better now with the extra info

Quentin

Which insurer are you claiming from?

(Third party or your own?)

Dennymc123

I'm claiming through my insurance from the 3rd party as the accident was his fault.

After moving off from a red light at a roundabout with the 3rd party in a left turn only lane, which is clearly marked I was in the right hand lane which is marked as all routes and I was indicating left, there was one car in front of me and as I moved to the left the 3rd party's van turned right into me.

Quentin

If you were to claim directly from the third party insurer you wouldn't have any excess to be deducted from the settlement which you will have to pursue for and will have no issues over keeping your bike to repair yourself (by way of a deduction from the settlement agreed)

Dennymc123

I would rather leave it to my insurance as I have received a letter from action 365 acting of behalf of Pukka insure for the 3rd party stating that they will give me a hire vehicle free of charge and if I already have one they will not pay beyond 3 days of use and threaten that I will be liable for any costs after that, my hire provider has assured me that this is a scare tactic. When I reported the accident to my insurance they told me the 3rd party was insured with Gefion not Pukka insure and after googling Pukka insure it says they went into insolvency in 2017. This doesn't fill me with confidence so I want to leave it to my insurance.

Quentin

Who instructed action 365?

They are an AMC.

Did your insurer refer you to them, or are they working on behalf of the third party insurer?