After effects of a non-fault accident

john_l_k

cw8825 said:

john_l_k said:

Some development, so hoping for some more help.

Hastings hadn't contacted me so I called them. 
They mentioned the assessor's report and valuation, and said all I have to do is give them the go-ahead, and they will arrange Copart to collect the bike, then make the payout. They mentioned £2100 as the settlement figure, which was slightly higher than what the assessor had said to me (£1995).
When I asked if I kept the bike, or could buy it back they said no, as it was cat B and not fit for the road, it had to be disposed of properly.
Since the assessor had said to me Hastings would not want the bike, I've made plans to tow it abroad where I have a property, it could be used there on my private land. 
I've owned the bike 18 years, I don't consider the damage as bad as reported, and would really like to keep it. 

The other things HD mentioned were to claim for any other items damaged in the accident (clothing, helmet, etc), I would need to submit proof etc via email. They then sent an email with instructions. Straight forward enough. 

The last thing they said was about injury. My daughter, aged 10 who was riding pillion, took quite a knock and some serious grazing to her knee. 
HD said any claim for injury would need to be made by solicitor. 

This puts me right back at the start which was to try and claim direct with HD rather than using my own insurance company, or any claims management company. 
It's become clear this isn't "a" claim, it is 3 individual claims: Bike damage, incidentals and injury. 

I've called a couple of solicitors regarding the injury claim, but of course it's not something they want to take on, presumably due to the low amount expected. I would expect the same response from any claims management company, although they would take on the whole claim, presumably making it more worthwhile. 

HD seem to be trying to help, but now I'm again not knowing which way to go. 

Would settling one or two parts of the claim affect the 3rd part, or does it all need doing together? 

in  regards to keeping the bike, if they believe it is damaged enough to be a cat B it is correct that you have not been allowed to keep it - however presumably they have paid you out enough to replace the bike with a similar one that can then be towed and used abroad?

To claim for the damaged items, if they are asking for evidence of what was damaged this seems correct unless you expect them to just make you an offer which you will then dispute and have to evidence the value

As above what injury are you claiming for and how much would you expect, is it worth claiming?

It is all 1 singular claim but made up of separate parts, accepting one does not impact the other

The bike has sentimental value. The price they've quoted was pretty good, I just don't like the idea of it being scrapped for what looks like minimal damage. The damage is only the pillion footpeg that attaches to the frame, the weld looks like it has a slight fracture.
Surely a angle grinder to remove it and not carry a pillion should be an option.
Probably just the wasteful society we live in and I'm trying to go against it. 

Damaged items: yes, fair enough: photos, receipts etc.

And injury: see above. 

DullGreyGuy

A minor making a personal injury claim is much more complex than an adult as the court has to be involved to ensure the settlement is reasonable and no one is exploiting the minor for a quick buck. There will be a lawyer and a Litigation Friend to represent her interests, as its a no-fault accident then the later can be yourself (if you were the at fault party you couldn't be both the third party and the litigation friend to the person suing you). 

As a minor you effectively have until the 21st birthday to litigate a claim (3 years from the date of knowing which is their 18th birthday). If it is relatively minor injuries it could be something you wait on and let them decide if they want to go through it all when they are old enough. 

A Cat B cannot legally be returned to the road but can be broken for parts, there are websites out there that can help you acquire a Cat B but either its a fair amount of work getting permits etc or you are looking for someone who's willing to break the rules.