Viewing 32 posts - 1 through 32 (of 32 total)
  • Accident insurance, will I loose again?
  • oldgit
    Free Member

    Thought this was going okay.
    Knocked off my bike on August 16th, driver didn’t stop.
    Some days later the driver called it into the police at 00.16am (the way you do) She admitted hitting me, and gave in her insurance details and asked to settle the costs without involving the insurance company.
    Now nearly two months later, shes not sure that it was her. And her insurers want me to provide a statement giving make, model colour and reg. I know it was silver or silver/grey, Civic type shape. But it was hard to takes note as I was bouncing on my head across two carriageways!
    I also know the reg, but that’s because she gave it to me.
    Because they now know I have no witnesses, it seems I’ve not got a leg to stand on?
    Some of her comments to the police….
    I could see him rolling in the road in my rear view mirror.
    I drove back to see if he was alright, but he had gone.
    I didn’t hear anything, but I had my music on full volume.

    Effing can’t sleep now, wish I hadn’t opened the email tonight. The only person that would have seen me in their mirror was the person that overtook and turned left into me.

    She’s getting away with it isn’t she.

    aracer
    Free Member

    Depends whether you can use the statements she’s made to the police I’d guess. Meanwhile insurers will always wriggle and ask you stuff like that (I had my car written off by somebody running into the back of me and their insurers wanted me to tell them how wide the road was 🙄 )

    However I’m not an expert – I suggest you speak to somebody who is. http://www.bikeline.co.uk

    druidh
    Free Member

    If you go through the process of getting a car insurance quote from the likes of Direct Line, there’s a point where it asks your Registration number and will then show you the make and model of car……

    oldgit
    Free Member

    Problem is I think the driver was oblivious. It wasn’t a nasty bit of driving, just blindingly careless. Even the driver behind me said ‘I don’t think she knows what she’s done’.

    But clearly deep down she does, you wouldn’t go back to the scene right away and then report it some time later at just after midnight.

    It seems to have got nasty since her/insurers found out it wasn’t a £99 hafords job.

    aracer
    Free Member

    Even the driver behind me said ‘I don’t think she knows what she’s done’.

    I presume you have no contact details?

    Anyway, as I said, the statements she made to the police may be useful as it would doubtless be interesting to get her in court explaining why she made them if it wasn’t her – in reality the insurance company will never let it come to that if you can use those police statements, but speak to the pros.

    user-removed
    Free Member

    To reiterate my post on the original thread; find a witness. A mate. Any witness. Otherwise there’s little you can do. Been there, felt your pain. Turned down the offer of a ‘witness’ statement and had to replace my bike, goretex jacket and helmet. Spent a good few months hirpling around on sticks too 🙁

    oldgit
    Free Member

    I presume you have no contact details?

    No, the paper was going to put out an appeal as so many motorists stopped to help as me and the bike were blocking the whole roundabout.
    But because she called in to settle it I asked them not to go ahead, I didn’t want another story in the papers putting people off riding….so much for Mr nice guy.

    Got a cycle specific company sorting it, but they are concerned that the third party will go down the no witness route, and mu inability to record all the exact details at the time.

    donsimon
    Free Member

    Surely if she has called in admitting guilt, she can’t change her story can she? Either she was there or not, if she wasn’t, why is she calling someone to deny it?

    oldgit
    Free Member

    Note to all STWers. Next time you’ve been hit by a car, had your skull smacked into the road, clothing ripped so all you privates are on full view, bike smashed up and in full pain and full of anger. Remember – relax, get out your pen and paper and take notes. 🙄

    oldgit
    Free Member

    don, yep she called Aylesbury police station just after midnight and gave all her details. All on record. Got the name and mobile of the PC she spoke to, this is the PC who she asked if she could settle without insurance.

    It then went to Thames Valley and was given a collision number? By this time (knowing I had no witnesses) she started to back pedal? I got the impression the Thames valley guy wasn’t too happy with the new version, and he was at the time having trouble talking to her.

    So annoying, simple accident. Overtook and turned left too soon. Just what the insurance is ther for..no problem. All I want is a bike back that’s guaranteed safe.

    Ewan
    Free Member

    Why didn’t the police charge her – isn’t leaving the scene of an accident an offence? Take it up with someone higher up in the station?

    wwaswas
    Full Member

    don, yep she called Aylesbury police station just after midnight and gave all her details. All on record. Got the name and mobile of the PC she spoke to, this is the PC who she asked if she could settle without insurance.

    if she’s admitted liability to the police then I can’t see her insurers being in much of a poisition to penalise you for not getting her registration number.

    hels
    Free Member

    They are testing your resolve. Don’t back down ! You are not in the wrong here, stay calm and stick to the facts.

    She may have panicked a bit, gone home and been talked into reporting it, maybe more through fear, but still she has confessed.

    (unless she hit another biker on the way home and got a bit mixed up ??)

    stumpy01
    Full Member

    druidh – Member
    If you go through the process of getting a car insurance quote from the likes of Direct Line, there’s a point where it asks your Registration number and will then show you the make and model of car……

    Good Call. This will allow you to confirm that it was indeed the car you thought it was.

    I had a smash a couple of years ago now (I posted on here about it) where a woman reversed into my car in a cinema car park, while I was stationary behind her. I was waiting for her to decide where she was going to park, which ended up being my front wing, temporarily.
    I had no witnesses, as initially I thought she was going to do a runner – she drove straight out towards the car park exit before parking up so I went after her.

    Anyway – long story short….she ended up claiming that I had hit her, not the other way round and I was fearing the worst as there were no witnesses. But, the garage that repaired my car agreed the damage fitted my description of events and she never provided a statement of what actually happened.
    Her insurance tried to wiggle out of it every way they could and it was all set to go to court. In the end, just before it went to court her insurers backed down & I got full payment.

    I think that her insurers are trying it on in the hope that you will give up. Keep at it. I can’t believe that after admitting to the Police she did it, that she can now just say that she doesn’t think it was her!

    wwaswas
    Full Member

    there’s a point where it asks your Registration number and will then show you the make and model of car.

    a lot of online tyre sales place will do this for you too, now.

    andyl
    Free Member

    One way to find out car details is here: http://www.taxdisc.direct.gov.uk/EvlPortalApp/application?origin=vnav_bar.jsp&event=bea.portal.framework.internal.refresh&pageid=Vehicle+Enquiry

    But obviously I can’t condone using such resources with no legitimate road fund license reasons 🙂

    midlifecrashes
    Full Member

    The AA has it on their website

    Car type/value lookup

    Cougar
    Full Member

    Registration lookup.

    http://www.freecarcheck.org/

    RichPenny
    Free Member

    You are not in the wrong here, stay calm and stick to the facts.

    Agree 100%. No need to embellish the events with a witness or suddenly remember her plate, as I’d say any change in your story could discredit you. She’s already admitted liability, just stay the course and hopefully it’ll work out.

    gravitysucks
    Free Member

    Reply to them and provide them with the details of the police officer she admitted the act to. He IS your witness to her confirming that she hit you.
    State if the matter isn’t resolved straight away you will take the matter back to the poice and ask for her to be charged with leaving the scene of an accident.

    oldgit
    Free Member

    **** the bed Cougar, just checked your link and indeed the car is a grey civic. WTF more do they want?

    oldgit
    Free Member

    My Tweet logged minutes after the accident.

    Driver floored it towards MK at 7.23pm without stopping, Dark grey Honda Civic new shape.

    16 AugFavoriteReplyDelete

    Car comes up as a 2006 Civic, that’s the new shape isn’t it?

    RichPenny
    Free Member

    What they want is not the truth but a way out of paying. Your tweet is good evidence of what you saw at the time. Just ignore the frankly rediculous request for a model year. If you didn’t get the plate then no problem. I would get back in touch with the police so they know shes not playing ball. And the local paper too for any witness statements

    oldgit
    Free Member

    Rusty Mac, exactly that one. I vividly recal the black plastic wheelarch as that was the first point of contact. Then I just saw the rear as it drove off, the Civic is quite distinct from the rear, but as time went I started to have doubts.

    But there you go, first instincts were right. Hit by what I thought was a silver/grey late Civic. And a driver of such a vehicle calls it in!

    thomthumb
    Free Member

    speak to the PC. they should be able to give you advice.

    oldgit
    Free Member

    Rusty Mac. One of the problems was that it looked lighter as it hit me, the nearside wing looked silvery, but it looked darker from behind as I was laying in the road looking up at it.
    I think you could see that confusion with that colour?

    oldgit
    Free Member

    On a very sunny August day at 7.20pm would the sun be in the East or West?

    RustyMac
    Full Member

    With light relecting off it i’m sure you could concieve it was silvery grey then when looked at flat on from behind it is a dark grey. Your story seems to tally as far as i can tell but i am no insurance expert. Good luck with the claim, don’t let them fob you off, as others have said seek profesional advice before replying.

    RustyMac
    Full Member

    West South West

    aracer
    Free Member

    As I said up there, the crucial thing is whether you can use her statements to the police and/or the police officer she made the statement to as a witness. If you can then you should be fine – I also mentioned in my first reply that it’s standard tactics for insurance companies to wriggle.

    I know you mentioned you have a company sorting it, but from what you’re coming back with here they don’t seem to be doing a very good job of sorting it. When I had a vaguely similar incident I just left it in the hands of bikeline and they did it all for me.

    PaulMc
    Free Member

    Firstly, DO NOT reply to any emails from her insurers if that’s who the email came from. As you have instructed solicitors let them deal with all contact.

    Secondly, DO NOT follow user-removed’s ridiculous suggestion.

    Thirdly, DO NOT discuss this on an online forum, insurers use the internet too you know.

    Fourthly, if your solicitor really has concerns about the strength of your case you (as opposed to simply telling you what the insurer’s tactic is) perhaps need to consider whether it is time for a change. You have the makings of excellent evidence in support of your case and having spent over 15 years as a solicitor defending claims on behalf of insurers I can say that most judges are inherently claimant sympathetic/biased.

    I am happy to discuss further if need be, but not on here.

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