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Rear-ended

Started by tucola, April 26, 2016, 10:17:02 AM

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tucola

Argh, someone's crashed into the back of me at a roundabout just now.

Bike still running but looks like a few hundred quid's worth of damage...

Could no doubt be bodged for less, but I don't want to do that, because it's only a year old and was otherwise pristine.

Any words of advice on dos and don'ts in this situation?

My first instinct is to take it to my servicing Triumph dealer for an assessment, and avoid the third party repair company that my insurance company seem to want to come and take it to Windsor.

Any reason why I should not follow that course of action?


Nat

Maybe tell your insurance company that it will invalidate your warranty if anyone else touches it and that you MUST take it to your dealer...just in case they try to insist?

Not been in that situation myself fortunately, so can't give any real advice.

What a pain for you :(
Rear Admiral Lieutenant General Keller

komp

:( arse
that is shit

no advice to offer sorry
KTM 1290 Superduke GT
BMW R nine T

Gilby104

ah what a nightmare, sorry to hear it. There is something about this time of year clearly.

All my dealings with Insurance companies etc have been much better when I assume nothing and get everything in writing. In your case, would it be worth writing to them and setting out your preferences and asking them whether their preference is a requirement and what the ramifications are for you if you take it somewhere else. Would be useful to find out what their position is in full before you commit to your course of action?

hope it gets sorted chap.

MOzZereLLa

Nat's warranty call is a great one as I assume it's you new Tiger?

Why are your insurance involved from that point of view? If you were the first one hit your insurance should be fighting to get everything YOU want with regard to the repairs from the dozy twat who hit you and their insurance company.

Best of luck. I hope it's cut and dried.
Significantly faster than you.....

T.C

Quote from: tucola on April 26, 2016, 10:17:02 AM


Any words of advice on dos and don'ts in this situation?

My first instinct is to take it to my servicing Triumph dealer for an assessment, and avoid the third party repair company that my insurance company seem to want to come and take it to Windsor.

Any reason why I should not follow that course of action?

Being rear ended is strict liability, so other driver will be held liable.

Insurance companies by law can no longer force anyone to use the in house repairers.  You want to use your own dealer, you are emtitled to do that, remember you are claiming off the third party anyway, and even they cannot insist that you use their repair centres.

If you want an independent to deal with the claims aspect, I can put you in touch with someone who can assist you and also arrange a loan bike whilst yours is beng assessed and/or repaired.

tucola

Cheers Moz - yeh, it's the new Tiger.

And thanks T.C., I may just take you up on that...

I went ahead and got the bike to the local dealer and they are going to let me have an estimate to fix it and I guess I'll see what it is and take it from there.

I suspect that the bloke who hit me thinks it was a relatively low speed bump and he's going to be shocked to learn that it's caused the hundreds of pounds worth of damage that I fear that it will have done by the time you've replaced all the bits of plastic that are cracked.

My insurance company is telling me that the quickest way to deal with this is to claim on my fully comp. policy, pay the excess and then hope that they can recover it from the other side, in which case my excess will be refunded. Does that sound right or is there a risk that they'll decide they can't be arsed and call it 50/50 (especially if it turns out the other guy is insured by them as well)?

I guess these are decisions that can await the quote from the dealer...

A hire bike would be useful, since it's my daily transport to work, but I'm instinctively reluctant to go down that route and inflate the cost of the claim potentially by more than the cost of the repairs themselves: I guess I could use the pushbike to the station and the train for a while (although that's £23/day versus £18 every three days in petrol).


Alzo

Even if they do recover and excess returned...you will have a Non Fault claim against you and will pay at renewal...the biggest scam in the insurance industry...and they get away with it.

T.C

As I said, being rear ended is called strict liability, so they cannot go 50/50 regardless of whether you are both insured by the same firm or not.

There are a some firms who can hire a bike who do not tie you down to a personal finance agreement and are approved by the insurers and the FCA.

Manic636

What a knightmare, you shouldn't end up out of pocket for the loss of your bike because of some numpty, if you don't go hire bike and I suggest you do then make sure you keep all receipts for costs incurred as they will form part of the claim too. TC knows his onions so stick with his advice

tucola

OK, I've emailed the dude and asked for his insurance details.

Any crap and I'm instructing lawyers!


Alzo

Quote from: tucola on April 27, 2016, 09:17:14 PM
OK, I've emailed the dude and asked for his insurance details.

Any crap and I'm instructing lawyers!
He's legally obligated to give you those details...if he refuses it becomes a police matter not a lawyer

m6rk

tucola..

my sprint 1050 is currently gathering dust, but mot'd and ready to rock if you need to borrow it for however long..



T.C

Quote from: Alzo on April 27, 2016, 09:51:49 PM
Quote from: tucola on April 27, 2016, 09:17:14 PM
OK, I've emailed the dude and asked for his insurance details.

Any crap and I'm instructing lawyers!
He's legally obligated to give you those details...if he refuses it becomes a police matter not a lawyer

No he isn't.   :rolleyes:

Third party is only obliged to provide insurance details in crashes where it is known that there has been an injury.  In damage only crashes, they are only required to provide

Name and address of the driver
Name and address of the owner (company car for example)
Registration mark

In this case, because there is no injury, if you find a solicitor that you can instruct outside of legal expenses appointed to deal with a damage only, please let me know because unless they are financed by the insurers or the value of the claim is under £5,000 you cannot claim legal costs.

That is why I mentioned that I have someone who could assist.

Alzo

Quote from: T.C on April 28, 2016, 09:00:05 AM
Quote from: Alzo on April 27, 2016, 09:51:49 PM
Quote from: tucola on April 27, 2016, 09:17:14 PM
OK, I've emailed the dude and asked for his insurance details.

Any crap and I'm instructing lawyers!
He's legally obligated to give you those details...if he refuses it becomes a police matter not a lawyer

No he isn't.   :rolleyes:

Third party is only obliged to provide insurance details in crashes where it is known that there has been an injury.  In damage only crashes, they are only required to provide

Name and address of the driver
Name and address of the owner (company car for example)
Registration mark

In this case, because there is no injury, if you find a solicitor that you can instruct outside of legal expenses appointed to deal with a damage only, please let me know because unless they are financed by the insurers or the value of the claim is under £5,000 you cannot claim legal costs.

That is why I mentioned that I have someone who could assist.
I only speak from my experience...I was taken off at a Roundabout and the lad refused to give details...the Police visited him later that day and told him he was legally obliged to pass on details..."so keep your rolly eyes I know everything attitude" and accept that I was only trying to pass on my experience to assist...perhaps Scottish law differs...