letter from driver who knocked me off

Commuting, Day rides, Audax, Incidents, etc.
Bonefishblues
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Location: Near Bicester Oxon

Re: letter from driver who knocked me off

Postby Bonefishblues » 29 Jul 2017, 2:14pm

Doesn't everyone protect their NCB these days? (genuine question)

Psamathe
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Re: letter from driver who knocked me off

Postby Psamathe » 29 Jul 2017, 2:14pm

Bonefishblues wrote:Doesn't everyone protect their NCB these days? (genuine question)

No (not everybody).

Ian

robing
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Re: letter from driver who knocked me off

Postby robing » 29 Jul 2017, 2:35pm

Psamathe wrote:
Bonefishblues wrote:Odd offer then, as his insurers can't unknow that which they know, irrespective of whether a claim is actually processed by them, so the driver is going to face a hike. Perhaps he doesn't realise this?

My complete guess is that it comes down to no claims bonus. If they don't claim then they don't lose their no claims bonus. If they have any accident (even if no claim was made on their policy) then they have to declare these and that can affect their premium (not their no claims bonus). Given that the Police have recorded the accident I guess they would have to declare the accident to any insurer whether or not they make a claim.

Ian

That sounds about right. I don't think there was any ulterior motive other than the offer of a direct settlement. In terms of getting knocked off I think I have been pretty lucky in a/ escaping any serious injuries b/ police and ambulance were called and there was dashcam footage (I would love to see that but don't think I will get to see it) and c/Nice driver (apart from knocking me off!) and hopefully compensation for my losses should be straightforward.

robing
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Re: letter from driver who knocked me off

Postby robing » 29 Jul 2017, 2:39pm

Psamathe wrote:Get quotes, take advice, sort out figures and claim - up to the other party whether they wish to pay of pass on or question the claim. I suspect insurance companies would be just as ready to question a high claim as the other individual.

My only thought is about any medical/personal injury aspect to the claim, particularly for any longer term injury that may come to light some time after the accident.

Ian

Yes I had thought of that. I seem ok so far - I have had surgery on both my knees and although I wasn't aware of injuring either knee in the collision, I am getting a bit of a twinge in the 'bad' knee - not unusual. But perhaps I should wait a little before putting in a claim in case anything comes to light. I did contact Slater and Gordon and when I described my non-serious injuries they said to contact them in 2 weeks if I was still having any problems.

Barks
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Re: letter from driver who knocked me off

Postby Barks » 29 Jul 2017, 4:01pm

Most insurance companies REQUIRE you to report any accident whether or not you decide to seek reimbursement from them - their reasoning is that having an accident identifies risk taking behaviour or ineptitude. If you don't report it and then have another incident at a later date they may well use the earlier fialure to report to invalidate the insurance agreement. Admittedly they have to find out about it, but they have their ways.

eileithyia
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Location: Horwich Which is Lancs :-)

Re: letter from driver who knocked me off

Postby eileithyia » 29 Jul 2017, 8:58pm

First thing that concerns me is that the police gave out your address, that sounds a breach of confidentiality, are they allowed to that?
They probably think it was only a bike and the costs won't be high perhaps not realising what the full cost might be. Probably expecting to just pay out for damage etc., probably not taken into account any potential claim for injury or out of pocket expenses.
Probably hoping if only a couple of 100 quid will not have to affect NCB.

Prosecution or driver awareness course might not be your choice; when I was knocked off and the case was reviewed, despite the fact I asked for him to be prosecuted, he was referred for a driver awareness course. Apparently they believe driver awareness is more effective as they pick up and correct bad driving habits that are creeping in more effectively than prosecuting. Don't forget they will have to pay for the course so their pocket will be hit as well.

Ultimately you have to decide what you want; compensation for bike and injuries, or just your bike replaced. Remember depending on what you have hurt you might have longer term effects that you are not aware of at the moment.
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells

gbnz
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Joined: 13 Sep 2008, 10:38am

Re: letter from driver who knocked me off

Postby gbnz » 29 Jul 2017, 9:37pm

robing wrote: Or am i being too cynical?!


Sounds to me as if they're being fairly decent humans. Perhaps if you feel that your chance of having more kids, or cycling an extra 20 miles is hampered, you could take the cynical approach.

Otherwise, engage with them, ensure any costs you've incurred are covered and then stop acting as a grave digger (Nb. Acting to maximise your financial return from the situation).

PH
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Location: Derby
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Re: letter from driver who knocked me off

Postby PH » 29 Jul 2017, 9:45pm

gbnz wrote:then stop acting as a grave digger (Nb. Acting to maximise your financial return from the situation).

Uncalled for, I've seen nothing from robing to suggest that, just the opposite if anything, they're in danger of underplaying the injuries.

Tangled Metal
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Re: letter from driver who knocked me off

Postby Tangled Metal » 29 Jul 2017, 11:55pm

I thought current advice was to tell your insurer of an accident even if you are planning to settle it yourself. That's whether you're at fault or the other person is. I had two cases of my car getting damaged by others who immediately accepted liability and offered to settle up. Both cases I reported to my insurer. One settled up, the other decided to go through their insurer. My insurer knew about it but had nothing to do with it on either occasions.

My premium following those never changed.much for the same cover on renewal. IIRC I switched insurer after one incident and got a slightly cheaper cover.

BTW if they decide to play hardball later and not pay up what is your situation? What would be the consequences of putting in a late claim? Just a question worth considering I reckon.

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Redvee
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Re: letter from driver who knocked me off

Postby Redvee » 30 Jul 2017, 2:08am

They are hoping the direct route will be a cheaper option than losing NCD and premium hike next year, could also have more points than necessary though that might not matter. Maybe when they get a figure from the OP for all the repairs and new parts and other out of pocket expenses they might change their mind and take a hit with the insurance company.

thirdcrank
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Re: letter from driver who knocked me off

Postby thirdcrank » 30 Jul 2017, 8:34am

Redvee wrote: ... Maybe when they get a figure from the OP for all the repairs and new parts and other out of pocket expenses they might change their mind and take a hit with the insurance company.


Apart from the obvious point that any negotiation may be a con, I think that for anybody who isn't regularly having crashes may be surprised by how much things cost to be fixed. (Around thirty years ago, somebody who shunted my wife at a T junction was shocked to find that a simple black plasticky rear bumper for a VW Polo was over £100 and when I suggested he should get a quote for his own colour co-ordinated front bumper he fount it was nearer £500. Beyond that, caution is needed over personal injuries. It's pretty easy to get a quote for damage to a bike or car, but personal injury is a different matter, especially when it's likely to have long-term effects.

nez
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Joined: 19 Jun 2008, 12:11am

Re: letter from driver who knocked me off

Postby nez » 30 Jul 2017, 10:25am

thirdcrank wrote:
Redvee wrote: ... Maybe when they get a figure from the OP for all the repairs and new parts and other out of pocket expenses they might change their mind and take a hit with the insurance company.


Apart from the obvious point that any negotiation may be a con, I think that for anybody who isn't regularly having crashes may be surprised by how much things cost to be fixed. (Around thirty years ago, somebody who shunted my wife at a T junction was shocked to find that a simple black plasticky rear bumper for a VW Polo was over £100 and when I suggested he should get a quote for his own colour co-ordinated front bumper he fount it was nearer £500. Beyond that, caution is needed over personal injuries. It's pretty easy to get a quote for damage to a bike or car, but personal injury is a different matter, especially when it's likely to have long-term effects.


Also you can't trust your own judgement about injuries. When I was knocked off a motorbike by a reversing lorry I was sort of okay but my knee hurt. Doctor told me he wasn't surprised - I'd dislocated it (and it had gone back in, mostly).

rdab100
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Re: letter from driver who knocked me off

Postby rdab100 » 31 Jul 2017, 10:23am

If you are a Cycling UK member then quickly phone up and hand this over to the insurance company as that is one of your membership benefits.

Dom

robing
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Joined: 7 Sep 2014, 9:11am

Re: letter from driver who knocked me off

Postby robing » 31 Jul 2017, 11:50am

rdab100 wrote:If you are a Cycling UK member then quickly phone up and hand this over to the insurance company as that is one of your membership benefits.

Dom


Thanks. I've just joined, so although won't be able to use them for any claim as pre-existing, I can access the legal helpline if needed. I'd been meaning to join for a while :wink:
Luckily I'm recovering well and going to head out on one of my other bikes later :)
I don't think I'll have any problems with this driver, I just want to claim for the damages I incurred ie the bike, clothing and travel.

karlt
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Re: letter from driver who knocked me off

Postby karlt » 2 Aug 2017, 7:39am

Worth noting that their "deductable" - the excess - does not apply to third party claims. They would not be expected to cough up the first £200 or whatever of your costs.

Secondly, any police action is entirely independent of whether the driver pays direct or through his insurance. So he won't avoid any points on his licence by paying direct. They only gain he has is keeping his NCD; his base premium will still go up because he's shown himself a worse risk.

It's entirely up to him. But if you were injured, when your solicitor starts talking about suggested compensation figures he'll probably instruct his insurance company to act for him fairly quickiy.

It's also entirely plausible that he'll get a bit of a shock when he finds out how much bikes can cost to repair. Most non-cyclists think a bike costs £70 from Argos so the repair costs can't be more than that.