Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

    • grafter24
    • By grafter24 11th Oct 17, 5:05 PM
    • 1Posts
    • 0Thanks
    swinton innsurance claim
    • #1
    • 11th Oct 17, 5:05 PM
    swinton innsurance claim 11th Oct 17 at 5:05 PM
    Hello i'm hoping to get some advice on how my insurance company has dealt with my claim is justified.
    Early September i was involved in a Road traffic accident, i was a motorcyclist and collided with a van. I was taken away to hospital from the scene.Police had moved my motorcycle on to the pavement.
    I reported the accident to Swinton brokers (under writers Highway insurance) but i was told as i did not have the third party details at this time there was not much they could do at this stage.
    As i only had Third party,fire and theft cover.
    I managed to get the the third party details from the police eventually which i passed on to Swinton but then when i went to recover my motorcycle it had been stolen.

    I reported it to my insurance company who now say that they can't claim damages from the third party as a non fault because i don't have the bike,even though i have photo's of the damage.
    As far the theft is concerned the would not pay out because it was involved in the accident prior and would only be valued as salvage which is covered by my excess.
    Please can you advice if this is normal practice as it does not seem to be fair as the accident and theft was no fault of my own.

Page 1
    • Aretnap
    • By Aretnap 11th Oct 17, 5:32 PM
    • 2,976 Posts
    • 2,490 Thanks
    • #2
    • 11th Oct 17, 5:32 PM
    • #2
    • 11th Oct 17, 5:32 PM
    As you only had third party, fire and theft cover your insurer would not normally deal with an accident claim at all - accidental damage is not covered by your own policy, regardless of whose fault it is.

    In a no fault accident the onus would be on you to pursue the at fault paty's insurers (if he has any) for the losses you've suffered. If your policy includes legal expenses cover then your insurer should appoint a solicitor to help you with this process; if not it would be down to you to do it yourself or find a solicitor of your own. If you were injured (you mention hospital) then you can claim for the injury as well as the damage to your bike, and this would make your case more appealing to a no-win no-fee solicitor than if it were purely for damage to the bike (as it's much easier to claim legal costs for an injury claim than for a property damage claim).

    The problem I see with claiming for damage to the bike is that you need to be able to quantify exactly what damage was done - and without the bike that will be difficult unless the photos show damage so severe that it was quite obviously a write-off. So I can see a risk that you could fall into the gap between a third party claim and a theft claim. But if you get a solicitor involved, this is a question to put to him.

    As for the theft part of the claim, your insurer seems to be saying that they won't cover the theft because the bike was effectively written off before it was stolen. However applying the same logic as above; unless the damage was such that it was quite obviously a write-off, how are they assessing its value immediately before the theft? What evidence do they have that the accident caused more than cosmetic damage? That's a question I'd be asking them. If you're not satisfied with their response you can make a formal complaint; and if you're still not happy after that you can then appeal to the Financial Ombudsman at no cost to yourself.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,979Posts Today

6,733Users online

Martin's Twitter
  • Ah these care free days of watching #ENG score 5 goals in the first half of a World Cup match. It reminds me of... Never.

  • Then it should be. It's not some accident. It's deliberate grappling

  • Penalty yes but time someone was sent off for these wrestling moves #WorldCup

  • Follow Martin