RTA Claim

[swifty]

Hi All

My son was involved in an road traffic accident about a month ago where he was forced to take evasive action and came off his motorcycle, his insurance company are now saying they may not have a case against the other insurer as it happened on a car park and my son didn't hit the drivers car.

I'll explain the events below:
My son was on his way back to college for his afternoon courses on his L plated 125cc bike, he'd just arrived into the car park where a car had approached a junction within the car park. The driver stopped for a second then pulled out in front of my son, my son took evasive measures to miss the driver and succeeded but doing so he dropped the bike and slid a little distance down the car park breaking his arm in the process.
The driver realized what he had done and stopped a short distance away, the whole accident was seen by one of the tutors who said they would act as an independent witness and one of my son's friends also witnessed the driver saying that he had caused my son to come off his bike.
The driver is now saying that it wasn't his fault and he has his girlfriend as a witness, now the insurance company is saying because the driver is denying everything and it also happened on a car park they may not be able to claim off the drivers insurance.

My son has TPFF insurance, the insurance company have taken away his bike (to where, I don't know) and it's looking like he's going to be out of pocket by a lot of money.
He was going to claim the money for a replacement bike, a new bike jacket, a new helmet (which I bought him a month before the accident for £170), a new or repaired watch that I bought him for his 16th birthday (cost £200) and his broken arm. He was going to let his grandfather buy him a new bike before all this happened but I talked him into getting a second hand one while he learned the basics spotting potential hazards on our roads.

Is my son's insurance company playing it safe or is there another reason why they feel there is no chance of a claim, as far as I'm concerned it doesn't matter where it happened and that my son didn't hit the car, it was down to that drivers actions that led to the accident.

I would also like to add that neither of them was speeding..

[des8]

Re: RTA Claim

As your son only has third party cover, his insurers will not be interested in pursuing the car driver for the losses your son has incurred.
Your son needs to write (recorded delivery and keep a copy of the letter) to the driver of the car. Tell the driver that your son is holding him liable for the accident and will require him to reimburse your son for all his losses, which will be quantified in due course. Advise the driver that he should pass the letter to his own insurers.

Your son needs to write down now the full circumstances of the accident, including details of weather conditions, road surface (wet/dry) visibility,speed and draw diagrams.
This is because the case could well drag on and memories get confused!
Also needs to get those witnesses to write down their statements now.

As this incident also involved an injury was it reported to the police

The fact the accident occurred in a car park makes not an iota of difference to an insurance claim.
Which insurance company has taken his bike?

[swifty]

Re: RTA Claim

The police was not contacted but should have been, I don't know who my son is insured with but I'll find out tomorrow and let you know.

[des8]

Re: RTA Claim

Did the other party give your son his name and address and produce a certificate of insurance
If no, he has committed an offence as he had a duty under Road Traffic Act 1988 sec 170 to report to the police within 24 hours.
If he gave your son his name and address and produced a certificate of insurance there is no requirement to advise the police
This requirement does not extend to the injured party.

Other than dealing with the claim himself:
i)Does your son have legal expenses insurance? I'm personally not a fan of such insurances, but it might be of help to him.
ii)He could also contact an accident helpline company who operate no win no fee basis. Just be careful the one chosen is reputable!

[swifty]

Re: RTA Claim

Did the other party give your son his name and address and produce a certificate of insurance
If no, he has committed an offence as he had a duty under Road Traffic Act 1988 sec 170 to report to the police within 24 hours.
If he gave your son his name and address and produced a certificate of insurance there is no requirement to advise the police
This requirement does not extend to the injured party.

Other than dealing with the claim himself:
i)Does your son have legal expenses insurance? I'm personally not a fan of such insurances, but it might be of help to him.
ii)He could also contact an accident helpline company who operate no win no fee basis. Just be careful the one chosen is reputable!

He gave his name and address but didn't give his insurance details as he said they where at home, my son contacted him to get the insurance details but the guy refused to give him them and then proceeded to deny causing the accident.
My son is staying with me this weekend so I'll get more info off him and post it

[swifty]

Re: RTA Claim

My sons insurance company took the bike and has now scrapped it, they've told him that he will get £95 scrap value for the bike and if they claim against the other guys insurance company and wins he will receive £800 for the bike.
he is insured with Express Insurance http://www.expressinsurance.co.uk/bike-insurance
My son has only found out that the other guy is insured with Diamond Insurance through his own insurance company after he gave them the guys name and address and reg number

[swifty]

Re: RTA Claim

We've typed up a letter to send to the driver, let me know if this is OK or needs a little tweaking
"I am writing to inform you that I am holding you liable for the accident and will require you to reimburse for all the losses, which will be quantified in due course. Also, when I asked for your insurance details and you decline my request for them, you committed an offence under the Road Traffic Act 1988 section: 170. If I don’t receive your insurance details 7 days from you receiving this letter I will contact the police.
I have also contacted my independent witnesses for their statements and I will be forwarding them to my insurance when I receive them. I advise that you pass this on to your insurers."

[des8]

Re: RTA Claim

Before you write to the other driver ask your son's insurers to confirm they are pursuing the claim on behalf of your son.
I think your son may have purchased "legal expenses insurance" and this has kicked in.
If they are dealing with it, give them the witnesses contact details, and there will be no need to write to the other driver?

I am surprised that they recovered the bike and then disposed of it, unless they were authorised by your son.
If not they were a bit naughty. Your son might have wanted to repair the bike, or sell it on for spares or repair.

[swifty]

Re: RTA Claim

His insurance already have the contact details for the main witness but we don't know if they have yet.

The insurance company said that they need to collect the bike to have it accessed, they gave him the option to have the bike back but it would cost him £200 to have it dropped back off as it was taken to somewhere in Scotland.
I was surprised to here this as I expected the insurance company to get in touch with a local motorcycle dealer to access the damage (I know the local dealer and he's contacted by insurance companies all the time).

[des8]

Re: RTA Claim

I don't understand why the insurance company need to assess the damage to the bike (they will not be the company paying out).
If it is to give the Legal Expenses Insurers (if they are the co. dealing with this) a figure to work on when making the claim against the third party, it is for the insured to produce the estimate.
However as your son has acquiesced in the removal of the bike there is in practice nothing to be done.

Please contact the insurance company tomorrow and ask them to put in a letter exactly what is happening; which insurance company is dealing with it; have they been in contact with the witnesses; a copy of the bike assessor's report.
When you have that , post it up suitably redacted so we can more fully understand the position.

[swifty]

Re: RTA Claim

I think it's a company the insurance uses for all their accident damage reports, rather than use someone local to the owner they'll have one company for each area of the country.
I can see why my son's insurance would want to have his bike assessed, I don't think I'd be too happy having the 'at fault insurer's" assessing the damage as they would want to pay out the least amount of money. This could lead to the injured party getting a bum deal not to mention substandard work on repairs and could result in dangerous vehicles being put back on the roads.
I've told my son to contact his insurance company and ask for all the details in writing that you mentioned, he's also emailed the witness to ask if his insurance has been in touch and if she could right out a statement sooner rather than later

[swifty]

Re: RTA Claim

Bit of good news, my son has had an offer of £3500 off the drivers insurance.
So now they have admitted liability and made an offer should he reject their first offer and see what they come back with?

To recap! bike was valued at £850 and scrapped (my son received £95 scrap value off his insurance company), the £3500 is for the damage to his Helmet, Jacket, watch and wrist. He said the bike claim is being dealt with separately and not part of this offer (personally I think it's included in the offer)
Helmet £170
Jacket £80
Watch £200
So they must have an offer of £3050.00 for his broken wrist