A quick question regarding legality, if I can impose on this thread. I've tried to anonymise the story as much as possible.
Last year (Nov) I was hit by a car while riding my pushbike. I broke my wrist, other driver believes I pulled out in front of him/her. I did, to avoid a taxi parked there, but signalled first.
On ringing his insurance company last week they informed me the driver had not informed them of the incident, and that s/he had had several other accidents recently. Police are still out on the matter.
Should the driver have informed the insurance company immediately, or is it one of those things you declare at the end of the year / when the other person makes a claim?
Mods, please feel free to edit / delete if this shouldn't have been posted! :)
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I should add that I did look behind me as well!!
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>>Should the driver have informed the insurance company immediately
Yes.
>>or is it one of those things you declare at the end of the year
There are none "of those things". Declare points, incidents, accidents or any material alteration in risk at the it occurs or as soon as is reaonable afterwads. If not sure whether or not it is material, then it should be declared anyway.
If you want to make a claim, you better scoot along a bit, its not going to get any easier. I would suggest a solicitor because you will need to go after the insurance company - there is unlikely to be any point in going after him directly, there is probably a queue.
Since it is an injury, all you need to is prove that it was him, in the vehicle they insure, and that it was his fault. If you can do that, then they will go after him. Whether or not he advises them, submits a cliam form, etc. etc. is their problem not yours. However, a solicitor will be better at this then you. Get a good one who knows what he is doing, ignore the adverts from Accidents-4-U or whoever, you're better wiht a recommended local.
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Already got a solicitor, he was the one who contacted the insurance company. Like I said, I tried to keep the story as anomymous as possible.
Solicitor didn't mention whether or not the driver has dropped themselves in some doo-doo by not informing the insurance company.
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Well, I guess so. But it probably isn't serious enough unless he either a) continues to not supply details or b) significantly increses their losses by not reporting it.
In the end it isn't sufficient justification for them not to pay, provided that you can show it was him involved - witnesses are always good.
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Jesse
If you've not done so already join the Cyclists Touring Club (CTC). If, God forbid, you have another accident they'll sort you out. Never needed them myself but I know a few cyclists who have and I've never heard a bad word.
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The points raised by Mark are exactly the reasons why I believe your should deal through your insurer. I have had recent experinceec of this through a motor bike accident that was not my fault. I have been dealing with TP insureres direct although through a solicitor and am having nothing but aggro.
I repeat good luck.
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Thanks for the advice Mark(RLBS). I gave the other guys insurance co a quick ring, but it looks like I will have to go through our own insurers as Motormark has suggested.
Other guy, although not blaming me, is not saying it was his fault either (don't know how much detail I can go into but they read me his statement wich was not an accurate statement of events). With no witnesses it looks like I will probably have to take a hit on my no claims bonus.
I presume this will be doubly expensive as it will be my wifes policy that will be claimed and I will have to declare a (part?) fault accident.
I will drive the road again tonight and check if there are any CCTV cameras. Would this help or am I wasting my time?
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Don't quit so easily. With insurance you never blink first.
How is he saying the damage occurred if it wasn't his fault ? Is there anything about the damage that would refute that ? Send his insurer a relaly strong, but polite, letter pushing that it was not your fault and you expect everything repaired.
Never blink first. That way you often win. Bear in mind that compared to the cost of fighting a case and any adverse publicity, the cost of repairing your car is nothing.
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but it looks like I will have to go through our own insurers
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take mark's advice:
"Don't quit so easily. With insurance you never blink first."
and remember, there is no one better than yourself at dealing with your own interest. the insurance companies 9yours and the other one) do not have your interest as their priority.
if you are competent and confident, take it on yourself. you can claim back all your expenses for your hassle.
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take mark's advice: "Don't quit so easily. With insurance you never blink first."
Thanks. I don't intened to let it go so easily. But it is basically my word against his (and his passenger (wife?)).
Anyway, the car was in for its first service today and they gave me an estimate for repairs - £600.00 all inclusive.
My thoughts are now just to get the car repaired under the wifes policy and hopefully with the help of the legal part of the policy (at the moment it feels as if they are just trying to convince me I have been injured) try and get excess etc back from his insurance.
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>>Never blink first. That way you often win. Bear in mind that >>compared to the cost of fighting a case and any adverse >>publicity, the cost of repairing your car is nothing.
Mark, are you saying that I shold not claim from our own policy before I have tried harder with his insurance co.?
I would not think anything about the damage could indicate fault. From the statement they read to me, he seems to be saying that we sort of drifted into each other on a bend?? It was a straight piece of dual carriageway.
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are you saying that I shold not claim .... ... straight piece of dual carriageway.
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question is addressed to mark and no doubt he will reply.
what follows is not advice, nor may it be strictly the correct procedure, it is merely what i would do if i was in your shoes.
will & would, used instead of shall & should for emphasis.
1. write to the 3rd party, direct and sent by registered post, without prejudice, etc., saying i hold him fully responsible for the collison at such and such a place (with grid reference) due to his negligence, and that i am seeking full damages, including cost of alternative transport as and when necessry, full costs to be detailed later.
2. copy that to my own insurers to say that i am merely informing them of the facts at this stage and i am not claiming on my policy. if they send me a claim form, i will fill it in and mark it in bold on every page "not a claim - but for information only".
3. if his insurers reply, i will tell them that i am personally dealing with the matter and that my insurers will be kept informed. if they insist it was my fault and are making a claim on me for damages, i will stand my ground and tell them their allegation is fully and completely denied, and that until further notice i shall not be passing on such unsubstantiated claims to my insurers. however, i will keep my insurers fully in the picture at all times. preferably always in writing.
4. and i will always keep notes of dates, times, names, status, locations, etc. of people i deal with about this matter. i will keep a full log of all activities including repair estimates, trips to garage, phone calls, letters, time spent, etc. to enable my claim to be fully costed.
5. i will be reasonable with reasonable people. i will read up all the books on insurance and negligence and motoring-law in this field that i can find in my local library. i will be tenacious in pursuing this claim to the end because i believe in my case and am confident that i will win.
and so on.
make of that what you will. i am going out now. should be back at the pc tomorrow night.
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my word against his (and his passenger (wife?)).
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you may, stress may, find that a close relative does not carry too much weight as an "independent" witness.
try and take photographs of the damage to your car, location of accident, etc. so that physical evidence can be produced to back up your theory against his.
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The other day, a third party hit my rear bumper at the entry onto a roundabout that has been covered in delay gates (traffic signals)
The third party admitted liabilty and I contacted my insurer.
The damage is just colour coded bumper misalignment/distortion, if I had done the damage myself, I would consider I had got off lightly, but as it wasn't my fault, I think it should be put right however minimal.
Well, first my insurers take the details, then a third party recovery and courtesy car company call driveassist calls and arranges a replacement of a similar size and automatic.
Then the insurer says I have to go to their approved repairer (somewhere I've never heard of) and I state I want to go to the main dealer, that upsets the man who then lists all the benefits I will lose, such as having to wait two months to get my excess back and courtesy car money etc...
Hmmm, well, today the third party's insurer phones me and says Their insured person has admitted liability and they will sort it out and I won't need to involve my insurer at all, so it won't be classed as a claim, and no excess up front etc...
So now I have three choices, I am worried it I go to my insurer's or their insurers repairers they will be on the side of their contracting insurer and will just want to do a cheap job, if I got to my own, they want two quotes, can they insist on this?
I will go to Vauxhall tomorrow and get a quote and see if it's acceptable to the third party insurer.
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I will go to Vauxhall tomorrow and get a quote and see if it's acceptable to the third party insurer.
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you can take it to any repairer you like, as long as you not being unreasonable. going to vauxhall or a specialist of your choice who does not charge rolls-royce prices should be considered perfectly reasonable.
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Thanks for all the advice Mark (RLBS) & others.
Although the other guy did not seem to have admitted liability his insurance co stated they couldn't really see how he could not be at fault. So they phoned up the other party then phoned me back saying that they would authorise all repairs and were happy to deal direct with me.
They asked if I was willing to use one of their repairers to which I replied I was as long as it does not affect warranty ect on the car (04 plate Toyota). I imagine it would be a lot easier just using their garage but I am going to give the Toyota garage a quick ring to chek the situation.
Once again thanks to all.
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