Accident – car driver wants to take my bike for analysis?

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  • Accident – car driver wants to take my bike for analysis?
  • Premier Icon epicyclo
    Subscriber

    Seems fair to me.

    Of course she’ll be leaving her car with you while she’s doing it so you can get it checked for roadworthiness etc….

    theboatman
    Member

    I don’t know if anyone has mentioned it, but i probably wouldn’t hand your bike over.

    project
    Member

    check her reg number on MIB, the motor insurers bureau to see if she is actually insured.

    Bit of a bump, and an update:

    She’s still insisting that she needs my bike. As advised by you lot (thanks!) I’ve again told her in no uncertain terms that it’s not going to happen!

    Previously, she told me it was her insurer who needed her to collect the bike. Now she’s saying that she wants to settle outside of insurance (but now she needs the bike to value personally). As many people have intoned, I very much doubt she’s even spoken to her insurer. She’s told me that ‘failure to comply’ with her instructions will result in my claim being void. This was from her ‘legal representative’. If it wasn’t massively frustrating it’d be laughable.

    Has anyone had any dealings with cycling lawyers? Evans cycles recommend ‘CyClaim’ who will act as ‘no win no fee’ advocates for me, and pursue the claim on my behalf – Presumably reclaiming legal costs from the driver. This seems rather heavy handed and unnecessary, if she does intend to settle outside of her insurer then it’s going to substantially add to the final bill.

    On the one hand, I want to be reasonable, but I’m becoming increasingly frustrated with it all. Any tips for ensuring this gets sorted ASAP?

    check her reg number on MIB, the motor insurers bureau to see if she is actually insured.

    The police are going to follow this up for me – check she’s insured etc. Once they’ve done this they can give me her insurer’s details. I’m not sure why they haven’t done this yet, but I’m assured it’ll be done by tomorrow.

    Premier Icon wwaswas
    Subscriber

    Once you have her insurers details just phone them direct and explain the situation. Insist that all correspondence is with them direct and not via her.

    If she’s not informed them they’ll be cross with her but you’ll get a pay out from them (assuming they find her at fault).

    Above all, stop talking to her. If you continue to negotiate tell her it has to be in writing and recorded delivery for both parties.

    kevin1911
    Member

    To me, it seems completely reasonable to go with CyClaim. She hit you with her car, and is now trying to weasel out of paying, or just muck you around spouting legal bollox. Time to let the pro’s sort it out I’d have thought. Good luck

    Premier Icon ransos
    Subscriber

    This seems rather heavy handed and unnecessary, if she does intend to settle outside of her insurer then it’s going to substantially add to the final bill.

    It’s her choice: she can either pay what you’ve asked for, or leave it to the insurers. Why not tell her you’re going to contact them directly?

    Premier Icon wwaswas
    Subscriber

    Every time I read a thread like this I think ‘I’ll join the CTC’ and then inertia takes over and I don;t.

    Premier Icon psling
    Subscriber

    This seems rather heavy handed and unnecessary, if she does intend to settle outside of her insurer then it’s going to substantially add to the final bill.

    I would suggest that the time has come to look after your own interests, not worry about hers.

    amplebrew
    Member

    I’ve been a member of the CTC for years now purely for the insurance and legal cover. The CTC website says you might be able to get advice off them even if you’re not a member.

    Have a look here.

    tinybits
    Member

    I’d say you are getting good advice on here. She’s trying it on, no mistake. I’d send one letter recorded delivery asking her to settle the amount asked by return, or pass it onto her insurers, no third option. Of course her insures will then try it on as well, but at least you are starting from knowing they are scammers and can be treated as such.

    project
    Member

    http://www.bikeline.co.uk Like i said earlier try , have a look at their website for further info and its free.

    If you dont do it legally and correct then she may well go down that road and turn the tables on you.

    and stop talking to her, unless you wannt a date.

    Premier Icon psling
    Subscriber

    I’d agree that some of the advice on here has been good but it’s time to get the professionals acting on your behalf now otherwise you and she will just be bunging emails to each other without getting anywhere. At best she is scared of being scammed and is getting poor advice off friends/internet; at worst she is trying to weasle her way out of it. If neither of you hand it to insurance co/solicitor then nothing will get resolved. Time to be pro-active and take proper advice.

    andyl
    Member

    what a female dog! (b…)

    I keep thinking of joining CTC. I think it would be a really good idea if they offered a theft insurance scheme (obviously for a lot more than membership alone). They could then negotiate really good deals with suppliers. I’d be quite happy to have a cost reduction option of accepting a last years model bike so they can get better discounts from the manufacturers and the manufacturers get to shift last years stock.

    You could spend an hour or so listing each part thats borked with a price from CRC / Wiggle / Merlin.
    Then when it adds up to the sum of a new bike list maybe 5 or 6 with the same spec.
    She obviously is not a cyclist and sees bikes in Tesco for £149 that look identical to yours…
    Do not give her your bike, and infer you will consider going to go small claims court if she doesnt want to go through her insurance.

    I think it might be a road traffic offence to leave the scene of an accident without giving the 3rd party your insurance details.

    she does sound like a mardy cow though

    Premier Icon MoreCashThanDash
    Subscriber

    Andyl – ordinary household insurers have been offering replacement bikes on theft claims with substantial reductions from suppliers since the 90s – I set schemes up for both insurers I worked for……

    but this is going off tangent

    twoniner
    Member

    All good advice from members there. I dont really have anything to say, it’s all been said but I am interested to see how this pans out for you.

    Good luck!

    samuri
    Member

    Get CTC insurance.
    Think you’re covered by your home insurance if you hit a car on your bike? Nope, you’re probably not. Check and see. Then get CTC.

    Is there a corresponding thread on mumsnet?

    twoniner
    Member

    Is there a corresponding thread on mumsnet?

    Link? is it her getting clued up? 😆

    Premier Icon johnikgriff
    Subscriber

    Again, nothing to add, but I’m hoping to read about your positive out come.

    Sounds like she hasn’t got a leg to stand on, tell her your seeking legal advise and will be passing the costs on (I did have something to say after all).

    Good Luck mate.

    Insurers know all about spendy bikes so just get her out of the picture and talk to them

    if all else fails I’ve got a couple of sacks of lime left from a previous debate you can have

    Premier Icon crazy-legs
    Subscriber

    Stop all contact with her. You’ll need some sort of legal advice. Bikeline, CyClaim, even Citizen’s Advice Bureau.

    If you contact her insurance company they’ll just start being difficult and trying to get you on legal loopholes. Leave it to the experts.

    Bottom line is, as others have said, she’s trying not to lose her no claims, thinking it’ll cost her £100 or so, now she’s found out it’s lots of £££, she’s thinking you’re trying to scam her. I doubt she’s being deliberately obtuse, she’s probably thinking “it’s only a bike, it can’t be worth that much”.

    Her insurance company will probably be pissed off that she hasn’t notified them immediately and the police might have something to say about that too.

    T1000
    Member

    Are you keeping track of the expenses incurred as you are unable to use your bike???

    Is it your only means of transport?

    If it was your car you’d charge your reasonable expenses for public transport or a hire car….

    Ime you need to push to get this resolved….

    Relying on being nice will not get this solved…

    Premier Icon garage-dweller
    Subscriber

    Why dont you try CTC hq and see if they can offer any guidance and while you are at it join up.

    You could always consider a money claim online through the county court sydtem.

    Bear in mind though no guarantee of new for old just because it is a bike. I cannot tell whether how that is how your value was assessed. If it was primarily your means of getting to work keep the bus receipts etc.

    And on no account let the bike out of your possession. Potentially it is evidence of a crime (eg of driving without due care if the police wished to consider that – although from your description it seems unlikely) or civil liability. Why give that over to someone with an incentive to not look after it.

    jamiea
    Member

    The CTC allowed me to join and use their legal services after I was knocked off- give them a call and they’ll see you right!

    Cheers,
    Jamie

    Premier Icon aracer
    Subscriber

    Think you’re covered by your home insurance if you hit a car on your bike? Nope, you’re probably not. Check and see.

    Yes, I do think I’m covered by my home insurance. I’ve checked. Last time this came up I also checked the policy details of a few other popular insurance companies and every single one of them also provided 3rd party cover for cycling. Also some of those people who initially claimed they weren’t covered under their home insurance went away and checked and found that actually they were. So I’d suggest quite the opposite – you probably are. Why don’t you check yours?

    It is disappointing that this myth about most cyclists not having insurance gets perpetuated by cyclists on cycling forums – hence the derailing of the thread (apologies to the OP for that, but I have already given what I hope is a useful reply on your other thread).

    Not that I’d want to discourage anybody from joining the CTC, as there are plenty of other good reasons for that, but you don’t need to do so for 3rd party or legal cover, as most of us have that under household insurance already. Even if you don’t then http://www.bikeline.co.uk will provide just as good a service as if you did (possibly better – I had a long winded claim which went on for several years and at one stage my legal cover wouldn’t pay for any more – I had to pay for a crucial report myself in order to carry on and eventually win a large payout; if I hadn’t had legal cover then bikeline would have happily covered it under no-win-no-fee).

    Premier Icon dannybgoode
    Subscriber

    I was knocked off my bike and the legal expenses element of my household insurance took care of everything.

    Took well over 18 months to settle but they stuck with it even when she kept denying everything. Ended up with a reasonable settlement.

    If you have legal expenses on your home insurance policy (its usually a small add on that not everyone takes) speak to them and they should help.

    Cheers

    Danny B

    samuri
    Member

    Why don’t you check yours?

    I did and I wasn’t but it was too late. This is why I encourage people to check in instances like this, just trying to help. I haven’t told anyone they weren’t covered, just that they should check and make sure.

    You should do something about that frothing at the mouth problem you’re experiencing, it could damage the keyboard.

    Premier Icon aracer
    Subscriber

    Who’s your insurance company, samuri? Curious as it would be the first one I’ve come across which doesn’t provide such cover. I’m talking about 3rd party cover, which does include damage to property.

    RichPenny
    Member

    I haven’t told anyone they weren’t covered, just that they should check and make sure.

    Get CTC insurance.
    Think you’re covered by your home insurance if you hit a car on your bike? Nope, you’re probably not. Check and see. Then get CTC.

    samuri
    Member

    It was churchill.

    RichPenny
    Member

    No, that’s definitely Lionel Hutz. Churchills eyes are a little closer together. And clearly he would never wear a red tie.

    Premier Icon aracer
    Subscriber

    Page 14 of http://www.churchill.com/pdf/home-policy-document.pdf – standard terms which appear almost word for word in every policy document I’ve looked at (I’m fairly sure I checked Churchill before). As always, it specfically excludes use of a motor vehicle, which by direct implication means you’re covered when using a bicycle. Have the terms improved, or were you fobbed off?

    samuri
    Member

    Actually I think you’re right, the couple I’ve just checked do cover damage to property. I’ll stop saying it.

    Get CTC insurance anyway. If nothing more they’ll agree with your insurance company when they say they don’t cover you for damage to cars. 😉

    edit: and in response to your last post, no idea. The policy stated insurance to individuals but not property. I sent it to the CTC who validated that.

    Premier Icon aracer
    Subscriber

    Actually I think you’re right

    Woohoo, I win good, another person I’ve educated.

    This may be a fairly recent general change/improvement, though certainly most policies always provided cover it’s possible some didn’t and it’s not long ago I first looked at policy documents. As I said above, the wording is almost identical in all the policies I’ve looked at, so it’s possibly something which has been rolled out across the industry.

    Apologies for that interlude, back to your regular programming…

    My home insurance has cover for accidental damage to the bicycles, but the legal cover is an add-on that I don’t have. If I claim on my home insurance, though, surely they will seek to reclaim the cost from the other party?

    That’s sounding like the easiest option at the moment, without getting the vultures* involved.

    It’s her choice: she can either pay what you’ve asked for, or leave it to the insurers. Why not tell her you’re going to contact them directly?

    Is that a reasonable standpoint? What if I was asking for a very unreasonable cost? I’d be very pissed off if I accidentally damaged a POS bike while I was driving, and the owner turned round and demanded £4k to put it right? I wouldn’t want to claim on my car insurance for that sort of thing?

    I don’t have her insurance details currently, so I don’t have the option of speaking to them at present. The police are apparently chasing that up and will let me know, hopefully tomorrow. I’ll keep quiet until then.

    *No win, no fee lawyers.

    Premier Icon wwaswas
    Subscriber

    You’re being to nice to the woman. She’s trying to wriggle out of paying. You’ve had lots of advice on here which you can choose to ignore.

    If I knocked someone of their bike I’d expect to have my insurers involved from the off. The fact she hasn’t tells me she will do her very best to pay you less than the excess on her policy.

    If the police haven’t been able to confirm she has insurance and she appears to be mad keen to avoid going through an insurance claim, then I reckon there’s a good chance she doesn’t have any insurance.

    The costs will just keep rising for her now if it is the case.

    Premier Icon martinhutch
    Subscriber

    You’ve been extremely patient with her, IMO, so credit for that.

    She’s lied to you (about involving her insurance, when clearly she is trying not to do it.), and is continuing to try to feed you bullsh*t about ‘claims being void’.

    Either she settles up or you can go down the legal route and it will end up costing her even more.

    Premier Icon ransos
    Subscriber

    I was knocked off my bike and the legal expenses element of my household insurance took care of everything.

    Took well over 18 months to settle but they stuck with it even when she kept denying everything. Ended up with a reasonable settlement.

    Same for my brother in law. The driver kept denying everything until the day before the court date, at which point she caved in. He got a very nice S-Works out of it, but more importantly, money for the physio he needed.

    flatfish
    Member

    Try legal on your car insurance if you have that.

    Buy a copy of cycling weekly, there’s 10’s of no-win-no-fee cycling lawyers in the back. I suspect (It’s the internet I’m allowed to make stuff up :p ) that most of the CTC legal insurance is them passing on your details to the same solicitors for a referal fee, why else would they be happy to back date it!

    After all, she’s taking advice from her “legal reprisentative” (likley Mumsnet) and it won’t cost you.

    Premier Icon aracer
    Subscriber

    without getting the vultures* involved.

    *No win, no fee lawyers.

    Not all no win no fee lawyers are the same as claims direct. Of course if you want make life better for the driver and worse for you, that’s up to you.

    If you claim on your house insurance you’ll pay an excess, your premiums will go up and they aren’t obliged to put you back in the position you were before the crash, so you’ll probably not get the cost of replacing with something equivalent. There’s every chance they won’t bother pursuing the other party for what is for them a fairly low value claim, and even if they do you’ll probably still lose out.

    Heard from the 5’O on the insurance front yet?

Viewing 45 posts - 46 through 90 (of 160 total)

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