Claiming from driver's insurer.

Commuting, Day rides, Audax, Incidents, etc.
Debs
Posts: 337
Joined: 19 May 2017, 7:05pm

Re: Claiming from driver's insurer.

Postby Debs » 8 Dec 2018, 1:50pm

SeanieG wrote:Thanks folks,
I've photos of the driver, the position of the car, my injuries, my bike, etc. I attended A&E and got mended. I reported to the police and his insurer (he hadn't done this). At the moment I think I've done all I can - I suspect it'll take a while to get sorted.
As an aside, how clued up are insurers about bikes? My bike is quite old, but as my everyday commute has been well looked after and upgraded. Only the frame, seat post, stem and bars remain from the original.
Thank again.


If you have a home insurance policy:

It will most probably have an accident claims solicitor attachment that will be happy to pick up your case.
Using them should not cost you anything up front [or if you lose the case]
and they'll be expert at making the process easy for you,
plus they won't rob you with charges if/when you win the case, means you get a better compensation figure.

However, this process can be drawn-out, realistically can take over a year to procure,
depends mainly on injuries received - healing / recovery time...
but can be worth the wait for an appropriate compensation payout.

Good Luck, and wishing you a speedy recovery

robing
Posts: 924
Joined: 7 Sep 2014, 9:11am

Re: Claiming from driver's insurer.

Postby robing » 8 Dec 2018, 7:33pm

I was knocked off last year. Police and ambulance were called so all a bit dramatic but luckily I escaped with cuts and bruises. Police did all the paperwork. Bike damage 500 quid. They settled direct and promptly. Driver was prosecuted for driving without care and attention.

Ivor Tingting
Posts: 668
Joined: 10 Mar 2009, 9:57pm

Re: Claiming from driver's insurer.

Postby Ivor Tingting » 8 Dec 2018, 8:59pm

Did you have a helmet cam or camera mounted elsewhere on your bike?
Any witnesses?
Concern about repairs/replacement of your bike is understandable. I have been the same when knocked off. But the most important thing is to assess your injuries, get treatment so you recover, so GP and get in touch with personal injury solicitor who ideally deals with cycling/motorcycling cases. DON'T use a claims management company or try to deal with the in other side's insurer direct unless your injuries are literally a couple of very small grazes as they will want to minimise what they have to pay out to you. If your injuries are more substantial I would get in touch with a solicitor as soon as you feel able, certainly within in a month.
Keep all receipts for expenditure you have as a result of being knocked off by this driver.
If as you say the driver was on the wrong side of the road you might want to make a complaint about the driver's driving to the police, not because they might do anything, but if they do and the driver is prosecuted and convicted of a driving offence such as careless driving then this massively helps any civil case you might bring against them.
Be prepared for it to take some time to conclude especially if recovery from injuries takes some time or prognosis is unclear. It can take several years some cases even longer, but a good solicitor should be able to advise and in these instances secure interim payments from the other side.
Don't dispose of anything. Take lots of pictures of injuries and keep a diary if pain is an issue and your daily life is affected.
You haven't mentioned if you are still able to work, if indeed you are working? Loss of earnings, etc.
"Zat is ze reel prowoking qwestion Mr Paxman." - Peer Steinbruck, German Finance Minister 31/03/2009.

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Lance Dopestrong
Posts: 681
Joined: 18 Sep 2014, 1:52pm

Re: Claiming from driver's insurer.

Postby Lance Dopestrong » 23 Dec 2018, 11:23am

Engage a solicitor who is both qualified and experienced in the field to guide you - that is the only piece of advice you should accept from armchair amateurs on the subject.

Good luck.
https://themediocrecyclist.home.blog
Self employed MIAS L5.B Instructor.
Warwickshire Lowland Rescue Bike lead.
IPMBA member.

irc
Posts: 4385
Joined: 3 Dec 2008, 2:22pm
Location: glasgow

Re: Claiming from driver's insurer.

Postby irc » 23 Dec 2018, 8:24pm

PH wrote: there is no law that obliges the driver to report it to the Police unless they haven't provided the information at the scene.

(2)The driver of the [F1mechanically propelled vehicle] must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
(3)If for any reason the driver of the [F1mechanically propelled vehicle] does not give his name and address under subsection (2) above, he must report the accident.
(4)A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

https://www.legislation.gov.uk/ukpga/1988/52/section/170


Correct but in the case of an injury to a third party the accident still needs to be reported by the driver unless his/her insurance certificate is produced at the scene. However as Thirdcrank said upthread if a driver provides insurance details (but not the actual cert) it's unlikely the police would be interested.

The actual legislation is a bit wordy but the Essex Police website sets it out clearly.

https://www.essex.police.uk/contact-us/ ... questions/

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SeanieG
Posts: 45
Joined: 22 Aug 2007, 3:30pm
Location: Sheffield

Re: Claiming from driver's insurer.

Postby SeanieG » 9 Feb 2019, 10:08am

Good news update....
Bike repaired and helmet replaced without any fuss. Reasonable personal injury compensation paid.
Key message; if you're able to, take photos.
I have an opinion. It might not always be thoroughly thought through, but it's there.