Viewing 23 posts - 1 through 23 (of 23 total)
  • RTC, home insurance or small claim?
  • D0NK
    Full Member

    SO my bike got totalled in an RTC but I only ended up with a couple bruises, bit disappointed to find out the resident CTC legal rottweiler only gets unleashed for personal injuries, they are sending me a small claims pack for me to fill in and push forward myself. Alternatively I have cycle cover on my home insurance but last time I claimed they didn’t chase the driver – small claim and hit and run so may not be their usual MO.

    I want a decent pay out for my bike in a timely manner but I want the drivers premiums to suffer next year not mine. So what would you advise? Is a small claim just going to be a massive headache?

    one_happy_hippy
    Free Member

    If you have the drivers reg / details surely police report and claim from their insurance?

    D0NK
    Full Member

    have reported to police, no idea how happy insurers are with talking to cyclists, thought they only spoke to other insurance companies and their client

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    wrightyson
    Free Member

    Was it a hit and run? Any witnesses?

    IanMunro
    Free Member

    Why aren’t you claiming off their insurance?

    D0NK
    Full Member

    not hit and run, got his details and a couple of witnesses too, I presumed the “small claims pack” CTC will be sending was for claiming off the drivers insurance, obviously I’m very tempted to go down this route but if it’s going to be a massive ballache for me and his insurance will be dragging their feet and devaluing my bike at every opportunity the new for old of my home insurance is looking pretty sweet.

    wrightyson
    Free Member

    As above surely if you’ve got a reg no. You can find out who it is?

    wrightyson
    Free Member

    I don’t know the protocol but surely you’ll just contact his insurers direct with the info and they have to pay up?

    Onzadog
    Free Member

    No expert, but don’t insurance companies have to deal with whoever has grounds for a claim against them?

    Failing that, and I hate to say it, but “no win, no fee” types. Pretty sure the insurance company would rather deal with you than them although they’ll be more inclined to give you the run around.

    D0NK
    Full Member

    At a guess no win no fee lawyers will be similar to ctc’s, ie no lucrative personal injury claim not interested, happy to be corrected tho

    scud
    Free Member

    I’d only issue Small Claims proceedings if his insurers do not play ball.

    – Get a quote from a bike shop for the cost of repairs to the bike, or if it is no longer worth fixing, an estimate to replace it.
    – Take photos of the damaged bike, damaged clothing or personal items.
    – Contact the witness and get their address and ask if they are willing to co-operate if insurers call them.

    Then contact the fault drivers insurance company, let them deal with the matter, as i said, if they don’t then look to issue a Small Claim (easy enough now with the Money Claims process on the Court website).

    Any problems drop me an email mate to one in profile (i’ve been a claimant lawyer and now work on the other side for an insurer).

    sandwicheater
    Full Member

    The majority will deal with you. Don’t worry about it.

    Await the CRC pack. Ask the Police who the insurer is. Get to your LBS to get written confirmation about costs to repair your bike or to confirm write off. Dig out original purchase receipts for bike and list any other damages incurred ie taxi to get home, damage to clothes/helmet.

    Send to insurer and await contact.

    EDIT: ^ what he said

    scud
    Free Member

    You won’t have cause for “no win, no fee” type claim if you are not claiming injury, and only then if the injury is worth £1000+.

    D0NK
    Full Member

    cheers scud may well mail you later.

    LBS visit, receipt hunt and photoshoot shortly. Am I OK contacting witnesses independently? Wasn’t sure if this could be viewed as trying to bias them.

    Just been through a car claim even with other driver admitting full responsibility it was a lengthy pita and that was with the car in a driveable state, a mate is still going through a claim 10months after an incident, tempted to not go through this shit with no commuter bike to ride in the meantime. Did wonder about just buying a replacement myself and seeking to recoup costs, that should make it less of a headache but dunno if insurers may want to provide a bike or vouchers rather than cash.

    EDIT another thought can I chase down his insurers and if they won’t play ball speak to my home insurers? I know I can’t claim twice but if the first claim is turning into a right palava can I switch?

    scud
    Free Member

    You will only get for your bike what it was worth at the time of the accident, so if it cost £1k and was few years old, you may get £400-500 for example.

    Are you on speaking terms with the driver? if so, it may be worth being clear with them and stating your bike is essential to you to travel to work, and see if they will pay what the bike is worth direct, depends on the person, but a lot will want to avoid going through insurance due to increased premiums, only do this though if they seem like a genuine person and acknowledge it was their fault and the conversation can be a civil one.

    Also, forgot to say above, if you have to drive or take public transport whilst bike is off road, note down the mileage or keep tickets, you can add these extra expenses to the insurers.

    D0NK
    Full Member

    You will only get for your bike what it was worth at the time of the accident,

    aye that’s gonna be a tricky one, £700rrp but I paid a fair bit less than that, it has a few upgrades and it’s 12months old.

    Just spoke to the driver offered for him to pay me the cost price (currently on sale) of a new one for cash, he’s having a think. He’s already informed his insurers but presumably if we agree something they’ll be happy to drop it.

    cynic-al
    Free Member

    scud – Member
    You will only get for your bike what it was worth at the time of the accident, so if it cost £1k and was few years old, you may get £400-500 for example.

    Really? IIRC the victim has to be put back in the position he would have been in without the RTC – theoretically an identical bike (in terms of use, age, conditon etc) but as that it impractical, a new bike (or value thereof) is offered?

    D0NK
    Full Member

    No surprises driver doesn’t have cash to pay me, insurance claim it is 🙄

    had a chat with my home insurers they said contact drivers insurance and if they prove difficult to deal with I can get my guys involved.

    Really? IIRC the victim has to be put back in the position he would have been in without the RTC

    hmmm, that would be helpful, not sure how insurers view the bike second hand market, not quite as established/widespread as the car market.

    njee20
    Free Member

    If you claim on their insurance it’ll be a straight replacement, there’s no protocol for second hand bike values, and as Al says you’re entitled to be left in the same position you were before the accident.

    If you make a claim on your own house insurance (why would you?) it’ll depend on the policy wording, some are new for old, some include depreciation.

    bails
    Full Member

    I dealt with a claim vs an at fault driver a few years ago.

    It was all very easy TBH, the LBS listed the damage and they paid out without quibbling it.

    New helmet (£100) despite no visible damage to the one I was wearing at the time, then wheel truing, frame check, new bar tape and saddle to replace the scuffed ones. I did the PI bit of the claim myself too.

    D0NK
    Full Member

    cheers guys, feel a bit more confident now.

    Lummox
    Full Member

    i’m waiting on the drivers insurance company to authorise the replacement of my bike from my crash 2 weeks ago, the shops written the bike off but due to the value or kit + bike the insurers aren’t authorising it till they’ve spoken to a grown up, they initially would only authorise repairs up to the valuation of the bike in it’s pre crash state and then if repairs exceeded it they would pay me the valuation fee, i wasn’t happy with that as im 100% non fault and don’t see why i should be offered a lower value to replace my perfectly serviceable and in great condition bike. thereby having to purchase a lesser replacement.

    Starting to get the hump and it doesn’t help i’m still banged up.

    mattsccm
    Free Member

    After direct contact wit the insurers give them a week, maybe a reminder then make direct contact over the phone. Tell them that you are going to write to them that day giving them the small opportunity to settle as requested or you will put the whole affair in the hands of a claims management firm.
    A mate did that after a month of time wasting. He had asked for a few hundred quid for a wheel and jersey and had provided quotes to back that up. He literally had a “please hold for a moment” response and a few minutes later some one more senior was on the phone. He was asked a few details and was, there and then, offered a figure 3 and a bit times what he was asking for if he would settle then and accepted an cheque by first class registered post. Needless to say he di.
    The insurance company will not like the thought of a 3rd party becoming involved and making their huge cut. Try it.

Viewing 23 posts - 1 through 23 (of 23 total)

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