Help needed: I have been knocked off TPFT only!

[Son of a beesting]

Hi

Right so I was travelling along and a cyclist emerged and shot across in front of me and although I tried I went down. We are both ok, but the bike has scraches and gouges along one side along with damage to the exhaust and a snapped mirror.

So I get all the details and go home. Get my insurance docs out and I am only third party fire and theft(thought I was fully comp). So what do I do? She said she has no insurance and I dont want to lose my no claims bonus. I fear I am going ot get screwed here and loss out.

What should I do? Call her and ask if she wants to deal with it ourselves? Phone my insurance company (adrian flux) as on their website they say they can help with Angel Assist claim company?

Help please!!

[SoulKiss]

Hi

Right so I was travelling along and a cyclist emerged and shot across in front of me and although I tried I went down. We are both ok, but the bike has scraches and gouges along one side along with damage to the exhaust and a snapped mirror.

So I get all the details and go home. Get my insurance docs out and I am only third party fire and theft(thought I was fully comp). So what do I do? She said she has no insurance and I dont want to lose my no claims bonus. I fear I am going ot get screwed here and loss out.

What should I do? Call her and ask if she wants to deal with it ourselves? Phone my insurance company (adrian flux) as on their website they say they can help with Angel Assist claim company?

Help please!!

Your only option is to go after her, insurance or not, and report it to the police.

I figure the cyclist that swerved out on me is going to cost me in the region of £2k in kit, damage and no-claims.

Nail her to the wall.

[Nelson]

Your only option is to go after her, insurance or not, and report it to the police.

Police aren't going to decide liability.

[Stu]

She said she has no insurance
She might find some insurance (Public liability either from home insurance or some bank freebie) once you issue proceedings against her.
Not your problem if she has no insurance other than recoverability of any award by court.
Have you got a good case against her? Witnesses?
Might be best to see if she will offer you something to avoid court, just don't let her fob you off by saying she has no insurance.

[the_lone_wolf]

House insurance almost certainly has some form of liability cover

Even if she doesn't have insurance there's nothing to stop you claiming a couple of grand directly from her to cover the costs of the accident she caused, the insurance is only a safety net should someone claim more than you're able/willing to pay

Good luck:cool:

[Stu]

Gosh TLW you've let youreself go.

And put some clothes on when you're talking to us ;)

[Benji]

I hope this doesn't sound too harsh but you certainly aren't going to loose any no claims bonus unless of course she makes a claim against you.

You aren't going to loose any no claims bonus because of a claim you make because you can't make a claim against your insurance as you are TPFT, merely informing your insurance company of an incident doesn't make you loose your no claims bonus since you aren't making a claim.

To be honest if there is no chance of claiming off of her I wouldn't even tell the insurance company, it'll only give them an excuse to charge you more (the tree huggers will be along shortly to tell me I'm a bad person :) ).

So long as you understand you are legally required to inform your insurance company of ANY incident and you understand the consequences of not telling them and them finding out the truth, you are free to make your own choice.

[SoulKiss]

Police aren't going to decide liability.

No, but it gets it all recorded in an official manner

[sunshine]

what are her thoughts of what happened?
she maybe believe you signaled to let her across them try to blame you, yes they claim that and then it maybe her fault.
find a way to politely say its your ****ing fault and you owe me the bike damages and helmet/leathers, if you dont see you in court, do you have legal cover? call your insurance if you do then just await your check to arrive.
if your insurance has £15 a year extra helmet and leathers cover from a seperate insurer that doesnt effect your ncb then claim on that and get your £1000+ worth of helmets and leathers.
Hope thats some help

[Benji]

This might be bull but, I'm pretty certain the highway code states that signalling people to move out of a side turning or whatever is not allowed but this works both ways so you are not allowed to ACT on someone signalling you to do something.

Basically even if you had video evidence of someone signalling you to pull out and you do and have an accident as a consequence you couldn't use it as an arguement because the onus is ALWAYS on you to make sure it is safe to do anything.

[sunshine]

I know that and you know that but do the rest of the road user know this? when they flash there headlights and 5 people all aim for that one small space of road.

[Stu]

This might be bull but, I'm pretty certain the highway code states that signalling people to move out of a side turning or whatever is not allowed but this works both ways so you are not allowed to ACT on someone signalling you to do something.

Basically even if you had video evidence of someone signalling you to pull out and you do and have an accident as a consequence you couldn't use it as an arguement because the onus is ALWAYS on you to make sure it is safe to do anything.
I know you still have to be wary of all OTHER road users when someone lets you out. But you can't even rely on the person that signalled you out to let you out? :shock:


Sweet, because sometimes when I let people out and they take too long, I just go anyway :D

[tonyk]

hiya,

try,

http://www.bikeline.co.uk/accident_claims/accidents_with_padestrians.htm (http://www.bikeline.co.uk/accident_claims/accidents_with_padestrians.htm)

what people do on night shifts..

it states that household insurance will give cover if there is a claim against them..........
read this then contact your insurance if they will handle your claim...
__________________

[Son of a beesting]

Update: So got prices for replacement fairing/nose cone/Yoshimura Exhaust?crash bungs and let her know. After sometime she came back to me saying her home insurance will pay up!

So I get all new fairings etc for it.

If I choose to sell it now will it be worth less cause its been in a low speed spill?

[the_lone_wolf]

If I choose to sell it now will it be worth less cause its been in a low speed spill?

Only if you mention it...

[yorkie_chris]

No, if they are just covering the claim then there will be nothing on insurance database to say it's a write off etc etc.



While we're here, it looks like there's some misunderstanding. If you are TPFT and crash into something (that isn't going to claim against you) then you can't lose your no claims, because you can't claim!
In this case, it is someone elses fault, so you'll be claiming on their insurance and not your own.

Have you reported this to the police? I believe there is a duty to. And it may not be a bad idea in case cyclists house insurance change their mind.

[Son of a beesting]

I will pop into the police station on the way home tonight to report it.

I was worried that it might affect my insurance the next time that I was involved in an 'incident'

I think I might get it fixed and sell it.

[sunshine]

if you report it to the police the bike being involved in the accident will show up on the HPI check as usual then, even if it was a low speed spill.

[Son of a beesting]

Is that true? I thought it only showed up if it was stolen not involved in an accident

[the_lone_wolf]

AFAIK simply reporting an accident won't show up on an HPI check

However if you've reported it, it's on a database somewhere, the Insurance company can check databases and if it were me I'd be inclined to mention it to your broker come renewal time

[Son of a beesting]

I havent told anybody yet.

So you think the best course is to report it and then let my insurance company know about the accident but that I dont need them to do anything

[sunshine]

every HPI check will check the insurance database, the database from the DVLA for written off vehicles and the police database of accidents.

[yorkie_chris]

HPI doesn't show if a vehicle has been involved in an incident, just if it has been written off, nicked or has finance.

[the_lone_wolf]

every HPI check will check the insurance database...

Correct

...the database from the DVLA for written off vehicles...

Correct

...and the police database of accidents.










http://vogons.zetafleet.com/files/orly.jpg

What exactly is "The Police Database of Accidents"?:confused:

[shonadoll]

I'd report it quicksmart in case she changes her mind.

[sunshine]

my old bike was in an accident not reported to insurance and not written off yet the hpi still comes up with crash damaged report thought the police database, so think as much as you like i when i sold the bike with the hpi it showed that it had been in an accident and reported to the police.
i dont have a copy nor do i remember the reg. or i would show you a copy hpi

[the_lone_wolf]

i dont have a copy nor do i remember the reg. or i would show you a copy hpi
That's convenient;)

I think you're mistaken, an HPI check can return any police interest in the vehicle, same as the PNC terminals in traffic cars can ping up wanted vehicles via ANPR, but not tell you if the vehicle was reportedly involved in an accident

Unless you can find a product that does?

But I don't think you can...

Of course if you do I'll apologise and retract my statement...

[sunshine]

i did they asked for the hpi to show it wasnt written off and there it was on the hpi, police report involvement in RTA and been damaged. it was on one of the online checkers but i have no idea which one as some are more expensive and give you more information (or so they claim)

[theshed]

report the incident to your insurance (she may decide to claim against you people are't always truthfully) and when you come to renew only answer questions put to you don't volunteer any unnecessary information.
if you do not get a positive response within 14 days of sending this person a bill for the damages incurred then take this person to the small claims court to retrieve the money to cover the cost of repair (you can do this on line https://www.moneyclaim.gov.uk/csmco2/index.jsp and it will only cost you around £50 which you will recover if you can prove she owes you the money) if it was defo her fault.

[Nelson]

my old bike was in an accident not reported to insurance and not written off yet the hpi still comes up with crash damaged report thought the police database, so think as much as you like i when i sold the bike with the hpi it showed that it had been in an accident and reported to the police.
i dont have a copy nor do i remember the reg. or i would show you a copy hpi

Did you HPI check it before you bought it? :rolleyes:


It only goes on the HPI register if its been written off by an insurance company. Being involved in an accident won't add it to HPI checks.

[Son of a beesting]

Hi

Just an update for this. After some faffing around they have agreed to get the bike all fixed up. Going in next week for new fairings/exhaust and crash bungs. So the bike will be like new!!

So the question is do I put it up for sale now when its looking great??

Thanks for the advice people

[hardhat_harry]

This happened to me, the cyclist was very apologetic said it was their fault and offered to pay for everything then a few days later said that they can't afford to pay for the damage and said iot wasnt their fault. I had witnesses so I got in touch with my insurance legal team but the insurance legal team didnt want to know saying that the person didnt have any money and it it wasn't worth pursueing.

I was advised that the uninsured driver fund doesnt cover this sort of thing and to claim of their house insurance.

The cyclist claimed not to have house insurance eventually I ended up footing the bill, now I'm very wary of cyclists.

[Bibio]

phone an ambulance chaser m8. if there is money to be had then they will know and fight your case.

[Juju]

phone an ambulance chaser m8. if there is money to be had then they will know and fight your case.

But without a juicy fat lame duck insurer who judges hate and view as something to be milked by claimant solicitors, there is no money to be had, so despite the rights and wrongs, ambulance chasers won't help you if they can't help themselves.

Sueing cyclists is always dodgy as without household insurance, they may not have means to repay, lets face it if they could afford a car they'd have been in it. From a liability point of view, they are also a tougher proposition to win on liability, and will get the favour of a court over a biker every time.

[bengrrr]

Phone her find out what she wants to do, but defo let adrian flux know as it could go on and on and on. My TPFT claim is still outstanding, 1year 2months on.