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Why personal accident insurance might be worth having
Posted: 11 May 2012, 10:39am
by Anglian
Lots of cyclists don't seem to carry insurance against the consequences of accidents where liability for their own injuries is theirs.
This recent case of a motorcyclist who lost a leg is a warning:
http://www.cambridge-news.co.uk/Home/A- ... 052012.htmWarmest regards,
Anglian
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 11:52am
by Mick F
It isn't clear from the report what sort of insurance the M/C had.
If he'd had fully comp, wouldn't his insurance have paid out? He must've just had 3rd party.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 12:20pm
by NUKe
Comprehensive motor insurance doesn't cover you for personal injuries. It covers you as per third party insurance + loss or damage to your property. You need personal injury insurance for this but this was not the issue in this case, the motorcyclists was using a solicitor to try and aportion some of the blame to the lorry driver,
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 12:34pm
by [XAP]Bob
The county court had ruled the lorry firm was primarily liable for the crash after hearing the driver had been partly over the middle white line just before the collision.
Mr Whiteford accepted he was also partly at fault, because the correct line for a motorcycle taking the corner would have been in the middle of his lane and not towards the right, where he was.
At the appeal Jonathan Watt-Pringle QC, for the lorry firm, argued the judge was wrong to impose so high a standard of driving on the man behind the wheel.
He added: “The collision occurred for one reason and one reason only, and that is because the claimant was driving right close to the centre when he accepted that the course should have been a very different one.”
Allowing the appeal, Lord Justice Richards said: “A finding of negligence in this case would, to my mind, be to impose an unacceptably high standard on the driver.”
So keeping to your own lane is now "too high a standard" of driving for an HGV driver (surely the second most highly trained drivers on our roads (behind emergency response drivers))
I'd have thought that a percentage payout would be justified, not zero.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 12:58pm
by thirdcrank
There are all sorts of ways to get a serious injury and not all by any means will result in a big payout by somebody else.
There's a pretty obvious causal link between disability and poverty in our society. Some people manage it very well. As I type this, I can see the young man over the road who is sitting in his wheelchair having a fag. He's just celebrated (if that's the right word) the passage of 10 years since he fell from a tree while at university and broke his back. He has a freelance business as a consultant/ writer on travel for the disabled, access etc.
Unfortunately, this is another form of insurance that tends to be peddled by commission-driven people with no real knowledge of the subject. IMO.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 3:00pm
by Mick F
NUKe wrote:Comprehensive motor insurance doesn't cover you for personal injuries.
Mine does. Just checked.
My personal injury cover is up to a max of £10,000
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 3:06pm
by gilesjuk
Insurance and compensation seem to be a way of eliminating the need to deal with problems. Just give people money and say sorry rather than try to stop such serious accidents and mistakes happening in the first place.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 3:19pm
by thirdcrank
Money doesn't bring happiness but having none can make life miserable.
Disability can substantially reduce a person's earning power and philosophy doesn't pay the bills.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 3:41pm
by Grandad
Mick F - I think you will find that the Personal Accident insurance given in a motor policy only covers accidents involving being in a motor vehicle (some just the insured vehicle, others in any vehicle but not motor cycles).
A stand alone policy will cover any accident that is not specifically excluded -i.e high risk activities - most of which can be added for additional premium.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 3:54pm
by irc
The collision occurred for one reason and one reason only, and that is because the claimant was driving right close to the centre when he accepted that the course should have been a very different one
Wrong. The collision occurred for two reasons. The HGC crossed the line and the biker was too far too the right. So it was shared blame, the biker didn't take the ideal line and the HGV driver didn't stay on his side of the road.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 4:06pm
by NUKe
Mick F wrote:NUKe wrote:Comprehensive motor insurance doesn't cover you for personal injuries.
Mine does. Just checked.
My personal injury cover is up to a max of £10,000
I stand corrected. Just checked and a lot of companies are now offereing this as part of the policy, 10,000 does not go far if your left disabled by an accident. How bad do you need to be to get the full
£10k And how many exclusions are there?
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 4:44pm
by kwackers
irc wrote:Wrong. The collision occurred for two reasons. The HGC crossed the line and the biker was too far too the right. So it was shared blame, the biker didn't take the ideal line and the HGV driver didn't stay on his side of the road.
I haven't seen the road but I'm guessing it's a road with a dashed centre line? If it was solid then imo the blame is entirely the fault of the lorry driver.
Talk of "ideal lines" is a nonsense, "ideal" as in a racing line? There are dozens of reasons you don't keep to an "ideal" line, might be avoiding drain covers, litter or fluffy rabbits and ducklings.
Given the biker was on his side of the road and the lorry wasn't I think it's a harsh decision.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 4:50pm
by Edwards
We do not know why the truck was over the line, could have just passed a cyclist or did not fit in the space. The report does say before they came together not at the point of impact.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 4:54pm
by kwackers
Edwards wrote:We do not know why the truck was over the line, could have just passed a cyclist or did not fit in the space. The report does say before they came together not at the point of impact.
He's still be in the wrong. If he couldn't overtake the cyclist safely then he should have hung back and waited.
Re: Why personal accident insurance might be worth having
Posted: 11 May 2012, 5:30pm
by snibgo
It's a perverse decision, on the face of it. I can't find any more information about the case online.
I dunno why the lorry had crossed the middle line. However, nor do I know why the motorcyclist didn't see the lorry and avoid it.