Warning...Insurance

[Yammi Dodger]

A few month back I was very unfortunate to be involved in a accident on my fazer. Cutting a long story short a car came straight through a roundabout with out looking to is right, I tried to avoid the car and went crashing down. The driver admitted to me that he did not look and told is insurance the same.

So I thought no problem let the insurance fight it out then I should be able to get the bike fixed. How wrong can you be his insurance refuse to pay up and my insurance say if we take them to court we would lose as there was no actual collision and no witnesses, as his insurance will use a loop hole in the law which in my opinion is very wrong. I refuse to claim through my own insurance on principal and the fact that I would have to pay a £200 access.

I have repaired most of the damage myself and to be honest there was not a great deal done to the bike as the crash protectors took most of the impact. Just thought that I would bring this to your attention because according to my insurance if you don't hit the vehicle you will lose your claim.

 

[Kazza]

That's a common rule anywhere unfortunately. If they didn't hit you, how can they be responsible? I don't like it, but that's insurance company logic :shakehead:

 

[dblaze]

I was not aware of this, thanks for the heads up.

 

[grommit]

Did you report the incident to the old bill. If so what did they say?

 

[Yammi Dodger]

Did you report the incident to the old bill. If so what did they say?

It happened at 5.15am no one else was around so unfortunately did not get any witnesses. The driver was late for work exchanged details and he was off. I did not contact the police so don't know if it would have made any difference, but since I have been told that they would normally tell you to get your insurance to deal with it as there was no collision and no one was injured.

 

[Yammi Dodger]

That's a common rule anywhere unfortunately. If they didn't hit you, how can they be responsible? I don't like it, but that's insurance company logic :shakehead:

If I was driving a car I would agree with this law, but the law should be changed for bikers. Why should you have to claim through your own insurance or foot the bill yourself when it is not your fault.

What message does this give out to bikers crash into another Vehicle which could be fatal I think not.

 

[Kazza]

If I was driving a car I would agree with this law, but the law should be changed for bikers. Why should you have to claim through your own insurance or foot the bill yourself when it is not your fault.

What message does this give out to bikers crash into another Vehicle which could be fatal I think not.

I'm with ya, but it will never happen. They will claim the motorcycle was speeding etc etc. We'll never win this fight .... :spank:

 

[GConn]

It's even worse down here since noone fully covers a bike. Theft, accidents etc....if it's not someone elses fault, it'll come out of your own pocket. And this can really break the bank.

Good to know you and the bike are fine though...

 

[grommit]

It happened at 5.15am no one else was around so unfortunately did not get any witnesses. The driver was late for work exchanged details and he was off. I did not contact the police so don't know if it would have made any difference, but since I have been told that they would normally tell you to get your insurance to deal with it as there was no collision and no one was injured.

OK its his word against yours so probably would not come too much. It does sound like driving without due care and attention to me.

 

[fzme]

It is his word against yours but the truth is on your side. Part of the truth is that he stopped and talked with you and gave you his insurance. Why the crap would he do all of that unless he felt like it was his fault. Would YOU give your ins. info. to someone who was at fault. I wouldn't. Maybe this argument could work for you in court, but a police report would also help... good luck :thumbup:

 

[ny08r6]

I was involved in a minor accident where a driver aimed for and ultimately ran me off the road. even with witnesses the cop (and therefore insurance) cannot do anything for you since there was no contact with the car.

Lesson learned: either hit the car even a bit..or claim they hit you. then it becomes a hit and run, a serious offense and an easy ins claim

 

[lonesoldier84]

Next time, hit the car. Your wallet will thank you for it (even if your pain receptors don't).

 

[Hoshiko]

Insurance=evil. :sinister:
I don't know how insurance works there but I advise you to read your policy.
May be you don't have the optimum coverage that you need.
Don't buy cheap premium or deductible, remember that insurance companies are a business and they make great money because most people are unaware of what coverage they have or don't. Here in New York State you can have coverage for damage to your auto (bike) that will pay regardless of fault.
Hope everything turns for good.

 

[Andz]

I had a similar situation when I dropped mine.

A dude came round a blind corner in a car park on the wrong side of the road. I saw him at the last minute, grabbed a handful and down I went.

My insurance refunds part of the premium every year if you don't claim so I went after his insurance. 5 months later I was paid out, reduced by 20% because of what he said in his statement and because he didn't hit me and there was no damage to his car. Luckily the payout covered the parts and I repaired it myself. I am still waiting for the medical bills to be paid out 18 months after the accident.

 

[fredraction]

I'm not sure how the law works in other country, but in the USA if someone is negligent and causes you damage you have the right to go after him to pay for cost to put things back in order. Perhaps without contact with the car his insurance company will fight it and your insurance company may feel it's not worth defending you. But ultimately he did you wrong and the disagreement is between the both of you. Your respective insurance companies are there to back each of you up in the event of financial liability, but that doesn't mean he doesn't have an obligation to fix the damage he caused.

If it were me I would document the whole thing very throughly with pictures and notes and then file a small claims case against the guy. He will then need to defend himself in court and, if I made my case, would need to pay for the damage he caused. If his insurance company won't cover him that's his problem, not mine.

 

[macem29]

I agree with the small claims angle, get the bugger in court, any eventual
award will be picked up by his insurance co. so you may find them willing
to settle before it gets there, but you'll have to file to start the process