Harley Davidson Accident claim non-fault - Repairer Problems

furiousjammin

Hi all

So, my Harley Davidson motorcycle (my pride and joy. I was made redundant after 12 years with 1 employer and wanted to treat myself to something i always wanted) was parked outside a Post Office in July, and a driver reversed into and slightly over it. I have CCTV footage clearly showing the accident, and the driver gave me her full details and accepted full liability. Clear cut insurance claim you would have thought. However...

My Insurance is with Axa, through Bennetts (agent) and is Fully Comprehensive. Bike is being repaired by 4th Dimension. I was offered a courtesy bike, to which i said on the phone i have 3 others so dont really need a courtesy bike but was told to accept one as the extra costs will pressure the 3rd party insurance into settling the claim quicker and was told its standard practice. So i accepted the courtesy bike.

I was told after a couple of weeks that the 3rd party insurance are refusing to deal with 4th Dimension, as they are not my insurers. And will only deal with Axa. But as im claiming through the 3rd party's insurance, there wasnt a claim with Axa. So after going around in circles, i was told i had to open a claim with my insurance and pay the excess, they will handle the claim and afterwards they will recover my excess from the 3rd Party insurance. I told them i didnt want to open a claim with my insurance, as it was in no way my fault. After being passively threatened on the phone by being told i was "legally obliged to progress any insurance claim as quick as is possible and its an offence to knowingly slow down an insurance claim", i had to open a claim via my insurance so that the 3rd Party would actually communicate.

Now all going ok. I receive weekly updates from 4th Dimension telling me the repairs to my vehicle have not started yet as they are awaiting parts, but they are still on course for an early October completion date. Ive had this update for 6 weeks now. I rang this morning for an actual update, to be told that some parts are due to be delivered mid October, and others do not actually have an estimated delivery date as they are now out of production. I asked what happens in this instance and was told we just wait. I asked how long we wait and was told we just wait. They have had to wait over 12 month before for some Harley Davidson parts. In my despair i asked so what is the deadline then. Surely there as to be a deadline of some sort as i have a courtesy bike which 4th Dimension are charging £120 for and also £30 a day storage cost for my broken bike and if my claim goes over 12 months then that is £65k in just hire and storage fees without actually fixing my bike! And they told me its all down to the 3rd party insurance. When they deem the amount to be too high, they write my vehicle off.

And to top it all off, today they send me an email and a text message telling me the MOT has expired on my bike, do i want them to sort an MOT out on it and i'll have to pay £30 for the privilege.

So 4th Dimension are guaranteed to make their £££ on the £150 a day charges they are charging, but are more than happy to sit back on the claim to keep the income coming in. I have called my insurance Axa, and have been told they arent handling it, 4th Dimension are and i'll have to ring them. I explained to Axa that they are my insurance company, i pay them for a service surely its up to them to sort out what is happening. And i was just directed to 4th Dimension again who say the same thing.

So essentially im asking for advice on what to do now. Who do i contact? What should i do?

Recap:

-bike damaged, 100% other party's fault
-repairer cannot get parts to fix my bike
-repairer (in my opinion) is making money from my hire vehicle and has no reason to rush to get it fixed
-repairer have had the bike for 2 months with no progress made
-my insurance company just refer me back to repairer when i have any questions
-so how long can this go on for?

Please someone give me some advice on what my rights are, as its been a rollercoaster so far of the bike maybe being written off, then being fixed, now cant get parts, to maybe being written off. 

Thanks in advance, and thanks for reading this far!

Ben 

Aylesbury_Duck

First thing I'd do is get that courtesy bike returned.  You have a duty to minimise your losses and you've said you don't need it.  You don't want any nasty surprises further down the line if the insurer refuses to pay the costs of the courtesy bike.  If you have evidence of being told to take it despite you telling them you don't need it, keep that.  You may need it.

furiousjammin

Aylesbury_Duck said:

First thing I'd do is get that courtesy bike returned.  You have a duty to minimise your losses and you've said you don't need it.  You don't want any nasty surprises further down the line if the insurer refuses to pay the costs of the courtesy bike.  If you have evidence of being told to take it despite you telling them you don't need it, keep that.  You may need it.

This is my concern, all dealing with 4th Dimension have been via phone. I have dates and times of calls and im sure they are recorded their side, but im sure they wouldnt release calls that prove their wrongdoing so unfortunately i cant prove what was said.

And can the 3rd party insurance turn around and refuse to pay any specific part of the claim. Is that actually possible? These are the nitty gritty details im worrying about as i cant get any answers from the company i actually pay my money to!

I just want my bike fixed and back home asap. And it seems the opposite is in the best interests for the company in question.

Aylesbury_Duck

The third party's insurer can contest any element of the claim they think is unnecessary or excessive, and they will.  They're not going to shell out without questioning what it's for.

I think that given the amount of money at stake here, you need to get some proper legal advice rather than the largely semi-informed views of people on this forum.  Does your insurance policy include legal expenses cover?  Does your home insurance have it included?  

neilmcl

At the end of the day you're entitled to get the bike repaired at a repairer of your choice so if you're not happy with the service you're currently getting from the 4th Dimension lot, and particularly if they haven't even started the repair, then get hold of your bike and do what you probably should've done in the first place and take it to an authorised Harley dealer and get them to repair it. At the same time instructing your insurer Axa that this is what you are doing.

DB1904

furiousjammin said:

Aylesbury_Duck said:

First thing I'd do is get that courtesy bike returned.  You have a duty to minimise your losses and you've said you don't need it.  You don't want any nasty surprises further down the line if the insurer refuses to pay the costs of the courtesy bike.  If you have evidence of being told to take it despite you telling them you don't need it, keep that.  You may need it.

This is my concern, all dealing with 4th Dimension have been via phone. I have dates and times of calls and im sure they are recorded their side, but im sure they wouldnt release calls that prove their wrongdoing so unfortunately i cant prove what was said.

And can the 3rd party insurance turn around and refuse to pay any specific part of the claim. Is that actually possible? These are the nitty gritty details im worrying about as i cant get any answers from the company i actually pay my money to!

I just want my bike fixed and back home asap. And it seems the opposite is in the best interests for the company in question.

Yes, you didn't need a over priced hire bike and that's how they make their money. You will have agreed to cover the hire cost if it can't be recovered from the third party. Given the circumstances I don't see why they third party and ultimately every other motorist should pay for a bike you didn't need.

TW1234

I would say that you are in a very risky,bad situation with potentially expensive financial consequences. If you cannot recognise this, get some help from a proper legal source or try cooperating with your own insurer.

The hire and storage costs should be stopped ASAP.