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Offline BobBell

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Insurance claim
« on: August 22, 2018, 12:51:58 PM »
Guys, never had to make a claim before so insurance claiming is new to me.

Scenario is, I'm riding my VFR 1200 on a country road and a car towards turns right across my path and I slam into the side.
I fly over the top and luckily only suffer soft tissue.
However front seat passenger dies.
So it's a fatal smash.

It's a non fault for me, but because its a fatal, that slows everything down because of coroners court, and a more in depth collision police report.

Today, IAM surety ( by coincidence insures us both) has offered me 6k minus my excess from my own fully comp policy.

No liability has been admitted by the other party as of yet. The police have cctv of the car turning across me. So it will be confirmed as non fault for me.

So do I take the 6k from my policy minus 500 so £ 5500 and put it towards a 8k Z1000SX and have a claim on my policy for my new SX quote.

Or wait till the police report is published proving fault and get paid out on the other parties policy + compensation for injuries as I'm still off work + clothing and expenses.

Online mdr1970

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Re: Insurance claim
« Reply #1 on: August 22, 2018, 01:01:07 PM »
 :087: now that is the simgle most interesting intro to the forum I've had the non pleasure of reading!  :006:

If you don't need and can't ride right now, why not wait a while and see how things pan out  :027:

 :401: to the forum by the way...
2014 Z1000sx Blacknificent Made in JAPAN, Perfected in the UK   :038:   :008:

Offline Scotty001

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Re: Insurance claim
« Reply #2 on: August 22, 2018, 01:21:31 PM »
Bob welcome to the forum, what a horrible situation th be dealing with, I've had to make a claim before but not to this kind of scenario, my best advice would be to speak to a bike friendly legal professional (some do free 1hr consultations) or check if any other insurance policies you have come with free / included legal advice) they will be best placed to assist here. I'd hope there are not that many people who have had to deal with such a situation on this forum.

Offline Mr NSB

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Re: Insurance claim
« Reply #3 on: August 22, 2018, 01:49:05 PM »
Welcome Bob.

My experience with a car not a bike. I had somebody drive in to the side of me whilst I was negotiating a roundabout causing about 3k worth of damage. We claimed off our fully comp insurance for the repairs and had to pay the excess. Once the third party insurance company admitted liability and paid up we had our excess returned by our insurance company.

If I was you I would take the money now as its better in your bank account than theirs and rest of it will all be settled in due course.

Online sooty66

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Re: Insurance claim
« Reply #4 on: August 22, 2018, 01:57:42 PM »
 :401: Bob,I would go down the same route as scotty and mdr,take your time and get as much advice as poss,thats if your not in too much of a rush to be on two wheels again ?
Once you've had black,you'll never look back

Offline Ninjamaster

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Re: Insurance claim
« Reply #5 on: August 22, 2018, 03:36:36 PM »
Bob sorry to hear about this!

You need to seek some professional advice first before making a decision. Having said that if it was me I wouldn't touch the money with a barge pole. The fact that thier taking your excess off would suggest that the issue of liability hasn't been formally resolved. You dont need me to tell you that in the circumstances the issue of liability is quite a significant one. If you also take the money now and settle the claim and develop any medical issues a little further down the line i.e. a few weeks (as some do take time to show up) then you have no recourse. Wait, see what happens and also what your bike is worth.

May I also strongly suggest that if there is an ongoing police investigation and/or coroner's inquest you are mindful about what you are saying here in a public domain. If the driver is charged with reckless driving or something similar and could be potentially charged with the passengers death your a key witness (regardless of the cctv or not).

Offline Gothrick

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Re: Insurance claim
« Reply #6 on: August 22, 2018, 07:09:40 PM »
Doesn't answer your question or solve your problem but you would still have to declare the accident to your insurers for up to five years even if you are not at fault. Whether that adds anything to your premium or not is up to the individual insurers!

Offline DavidStonework

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Re: Insurance claim
« Reply #7 on: August 23, 2018, 07:19:36 AM »
Bob how dreadful for them and you.

A year ago I had a no-fault. Driver admitted liability on the spot (he u-turned out of a queue and took me out as I overtook the queue.) In that our situation is different but given that he had full liability I got the full replacement value of my vstrom plus personal and medical expenses and compensation. I had been offered 2.5K for the v a few weeks prior in p/ex but replacement value was given at £4.4k (which went towards the sx I had been meaning to buy anyway). I had only minor injuries but needed some physio and chiro. Helmet replacement, airvest replacement, bike hire until the payment for mine came through (a GSX750, not some crappy 125), and even after the solicitor appointed by the insurers had taken their 25% I received a similar sum in cash on top.

So I would wait until liability is established in the expectation of a better result. They're offering that money because they know it's less than they'll have to pay in the end. You must have some minor injuries and I imagine the mental trauma of being involved in a fatal accident is significant. You are entitled to payment for this and without being money-grabbing or taking advantage, you should take it.

Solicitors were Fletchers (fletcherssolicitors.co.uk) appointed by MCE insurance who were very active, and capped their fees at 25% of claim (no fee for bike part of claim) which sounds a lot but was about half of their total costs in the end. Took almost ten months to settle in the end and that was with my driver admitting on the spot (charged with dangerous driving) and only minor damage to his vehicle, no injuries - I would imagine yours would take lots longer.

Good luck, sounds like you're in for a difficult time.

Offline BobBell

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Re: Insurance claim
« Reply #8 on: August 23, 2018, 08:37:38 AM »
Thanks, I'm not worried   it will come and luckily I can finance a 2017 SX before the insurance pays out. I get free legal cover at work so they are already on it. The third party have until the 28th to respond to admit liability , so I have to wait till then.

What do you think of the performance of your vest, my leathers saved me without a doubt but I want to get better.

Offline DavidStonework

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Re: Insurance claim
« Reply #9 on: August 23, 2018, 02:59:39 PM »
Re vest (helite) when I hit the road and had sat up counting limbs my first thought was that I had done something awful to my neck - but it was the vest holding my head impressively still. I don't know if I would have had problems without but the police biker who attended was saying that they all want to use them for work and lots of them do in their private lives. He reckoned given the damage to my helmet I should have had at the very least serious neck pain - I had none at all.

It fairly rapidly deflated enough to relax. Turned out when I sent it back to have its bladder checked and CO2 cartridge replaced that the nature of the collision meant that I had very slightly punctured the bladder. The UK rep for Helite replaced the vest with the updated one which is even more impressive, great back armour this time outside the air filled bit so it acts, they reckon, like a tortoise's shell.

I don't ever ride without it - on my bike or the bloodbike.

 


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