Joined the T Bone Club.

[shiftin_gear98]

Well, it happened. T Boned by a car pulling out of a side road on the way home from work last night.
5 hours in Whips Cross and my leg in plaster from just below the knee.
Bugger.

[Corny Gizmo]

Sorry to hear that mate, hope you're not too badly banged up.

Hows the bike?

[shiftin_gear98]

I managed to keep it upright, some how. I was pushed into the other lane. Thankfully nothing was coming.
Hence she pulled out. My brother in law managed to come and ride it back to my house, he said it didn't sound too great. Struggling with the crutches. Haven't made it out to the garage yet. He said the foot peg area is quite bent up. Hence the broken bone.

[NTECUK]

Oh dear.
Get well soon.

[Geodude]

Ouch, get well soon.

[maviczap]

Ouch, get well soon. At least you're here to tell the tale.

At least the weathers nice to be stuck at home, but conversely, you can't get out on the bike.

[Bibio]

bugger, get well soon bud xx

[garynortheast]

Damn! Hope you heal quickly.

[andrewsmith]

Get well soon

Sent from my D2303 using Tapatalk

[Sir Trev]

GWS.

[mnikodemus]

Ouch, sorry man. Hope the leg heals quickly. And that you'll be able to fix up the bike.

[L3nny]

Sounds rough. Hope you and the bike are mended soon.

Sent from my SM-G925F using Tapatalk

[ZER0]

That sucks. Hope you heal quickly and get back out soon

[shiftin_gear98]

Thanks for all the best wishes. Crutches suck.

[shiftin_gear98]

As l'm sat here looking at my foot. Of which I can only see my toes. They are currently about 3 times the size of the ones on my other foot. They range in colour from putrid yellow to manky purple. I would like to pass on a little advise to others. Now I have the benefit of hindsight. Please for the love of God, don't ride your bike without proper boots. I foolishly decided to not wear my Alpinestars boots, as it was a sunny day. I was wearing jeans and work boots. What could go wrong! JUST DON'T. It's not ****ing worth it.

[mnikodemus]

Sounds like you have rainbow-toes! Ouch.

Would your alpinestars really have protected you much better than your work boots? If you have steel-toed, rugged work boots, aren't they just as stiff or even stiffer than riding boots?

[shiftin_gear98]

I really believe that if I'd had the Alpinestars on then my foot may well be sore. But not as busted as it is now.
I slipped on grass once whilst sat on the bike coming out of my garage.
The bike slid straight out sideways. My leg was pinned under the bike - resting on my boot. No injury, no damage to the bike as it was off the floor. Just a hassle of getting the sodding thing off me! Those Alpinestars are bomb proof.


So to answer your point, no work boots would not offer the same protection, your kidding yourself if you think they will. They are for ****wits.
As I will be hobbling around for the next 8 weeks - with a house move in the immediate future - I am a ****wit.

[Bibio]

one other thing about steel toed work boots, they can cut your toes off. ride in what you like its your body/life but if you value your body parts then buy decent bike gear as it might just be the difference between loosing a limb and saving one.

[mnikodemus]

Shiftin_gear, that's valuable insight. I'll be sure to keep my boots on! Hey, at least you'll have massive arms by the end of the 8 weeks :P

Bibio, that's a very good point with the steel plates, I hadn't thought of that.

I buy comfortable gear that I know I will wear on a daily basis- my riding boots are on the softer side (very comfortable & cool), not as stiff/padded as the alpinestars, but much better than sneakers.

You should see how some people ride up here in New England -> flip flops, shorts, shirtless with no helmet but sunglasses. And sometimes their lady on the back, in a bikini. Just imagine that road rash....

[Toooldtodie]

As l'm sat here looking at my foot. Of which I can only see my toes. They are currently about 3 times the size of the ones on my other foot. They range in colour from putrid yellow to manky purple. I would like to pass on a little advise to others. Now I have the benefit of hindsight. Please for the love of God, don't ride your bike without proper boots. I foolishly decided to not wear my Alpinestars boots, as it was a sunny day. I was wearing jeans and work boots. What could go wrong! JUST DON'T. It's not ****ing worth it.

I feel your pain, and agree with protection whatever the weather. My Sidi boots saved me a broken ankle (boots ko'd but what the hell!). You live (thankfully) and learn. Spent some money on summer gear recently rather than risk an off wearing t-shirt, will have to justify expense over several years worth of wear and disapproving looks from missus who claims household budget spent on making me look good (or less sh*te).
Get well soon mate and all the best for a full recovery, however long that takes. :(

[Heorot]

one other thing about steel toed work boots, they can cut your toes off. ride in what you like its your body/life but if you value your body parts then buy decent bike gear as it might just be the difference between loosing a limb and saving one.

The TV program Mythbusters tested this idea. They dropped increasingly weights on a steel toed boot and they couldn't get the toecap to deform even when ridiculously heavy weight were dropped on it.

[shiftin_gear98]

Trip back to hoppital for check up today. How can you have a 9.10 appointment and be seen nearly an hour late? I am now the proud owner of what my work colleagues are referring to as my Buzz Lightyear moon boot.
And oh how much nicer it is than that cast. A definite step in the right direction.

[Toooldtodie]

Hope you are feeling a bit better by now. Good to hear you are out of the cast.
Did the house move go ok? More importantly, have you got the bike back yet? What was the "engineers" report on the damage?
Anything we can do to help?

[shiftin_gear98]

Toooldtodie, Thanks for the thought. Appreciated.


Foot is healing slowly - I now have a nice scar just above my ankle on the inside where my rearset must have punctured my leg. My foot is feeling better - doesn't hurt just aches. I think it might do this for some time yet.
A week ago I was able to take that boot off to sleep in, that was a milestone I was happy to reach!!
As of yesterday I actually put on normal shoes and tentively hobbled around, all be it badly fitting ones now. My foot is a completely different shape. Really hoping now the boot isn't moulding it so much that the swelling will subside and it'll return to normal soon. Fingers crossed!!


Had my fill of solicitors, House is on a go slow due to issues further up the chain. Really hoping to exchange next week. Kids start school in their new school 40 mins up the M11 from where we live now. That's gonna suck if my wife has to commute them that distance to school and back. We'll lose the place if they don't attend.
Don't get me started on the bike. Royal Sun Alliance - the 3rd parties insurance company are dragging it out as long as possible. Really just want my bike back. It was collected from me on the 14th July. They took a weeks to process it and get a quote done. Which was submitted on the 23rd. Last week RSA asked for a full report to be done, which was sent on the 5th. Dreading how long this is going to take.


Thanks for the offer of help, but unless you work at RSA, or have I bike I could borrow in 3 weeks time. As I have no idea how I'll get to work once I move. Then I don't see how you can. Thanks for the concern though.


Martin

[BoltonSte]

Hope your foot gets better, but be warned...my wife dropped something on her foot ~12months ago. She has recently been having pain in it, after a trip to the docs there is an old fracture which is causing her problems with the tendons...response is there's nowt can be done. So it could be a while yet.


The bike's taking a while, but it's not like you can ride it yet, when you can and it's not back ask them for a bike whilst yours is getting fixed (if they've accepted responsibility) it'll mean it costs them more and they may get a wriggle on.

[Toooldtodie]

The bike's taking a while, but it's not like you can ride it yet

You say that, but I found driving a car excruciating with the flexing of ankles and calf muscles, etc HAD to ride the bike. Thank you God.

I am the wrong side of forty and I'm still not able to run or walk too fast nearly two years after being bundled off. It takes time and you will need some discussions with your employer about the fact that you have been badly injured and are not able to do the things you once could.
I went back to work too soon and did too much and swear I've suffered as a result.
Hope the move gets moving. You'll be half an hour up the road from me when you do, so I may be able to help in the future! Er, I can brew tea, offer ends.

It will all get sorted and be a distant memory.

[shiftin_gear98]

Just been told the 3rd parties insurance RSA - have until the 16th of Oct to dispute - then it may go to court.
WTF...slightly ****ed off now.

It looks like they are trying to pass blame onto me, just because I was riding a motorbike....suggesting that I was at fault filtering. Which I wasn't the car in front of me turned off left I carried on, she pulled out and hit the side of me. Not my definition of filtering.

It looks like they are waiting for the police report, which won't get done until she has completed here careless driving course and no further prosecution is needed. They say Met police are the slowest to do this?? around 120 days...

Did I mention I'm slightly ****ed now.

Hindsight advice No. 2 - Don't take out 3rd party F&F insurance...you may regret it, pay the extra money.

I think this is going to be a long time till it's a distant memory.

[mnikodemus]

Well you definitely need to dispute right? It might be worth looking into a lawyer over this, or you'll be stuck paying all the medical expenses and getting the bike fixed. I expected something like this in the US, but had no idea these things are similar in the UK. Did the police talk to any witnesses when they wrote the report? Were there witnesses? If so that might help you....

Hope you get this all sorted out!

[maviczap]

Go to White Dalton they are a specialist in dealing with motorcycle cases, don't leave it to your insurers solicitors, they are just general solicitors not used to the cases which involve filtering.

[shiftin_gear98]

Maviczap, I've had to sign a lot of forms so far, pretty sure I am not aloud to use another solicitor or I am personally liable for all my current solicitors costs.


As far as I am aware I wasn't filtering. The junction has a sweeping corner, so the car in front of me had turned off of the main carriage way, I simply carried on straight. Are they trying to say that every car / motorbike following a car turning at this or junctions similar to it has to come to a complete stop and wait whilst the car in front has completely left the main road. I was doing about 10 mph, it had already cleared the main carriage way by the time I was hit. This junction or others like it are surely designed to help keep things flowing. She just had her head up her impatient ass and didn't look in the direction she was travelling to see if it was clear. She was looking the other way at an empty lane whilst pulling out, and presumed that there was nothing coming from the lane she was crossing.
I could have been in a mini or such and she still wouldn't have seen me because she wasn't paying attention. That's why she's getting done for careless driving and not me. I believe I didn't do anything wrong.


My insurers and the people fixing my bike are adamant that I am not at fault. Not that this seems to be helping sort this nightmare out. I just have a feeling I'm never going to see my bike again...


People, upgrade your policy to fully comp if you can. You do not want this nightmare...Ok so you loose your years no claims (whilst they chase the other party) but you get your bike fixed. Your life moves on.
Edit - Likewise don't let anyone - even the people who are claiming to be on your side - take your BIKE.

It's now 6 weeks since I rode my bike....God only knows how long till I do.


On a different note house move looks like it's not going to be till the 17th, that's not good news for my wife's day having to commute the kids to school. And a fairly ****ty birthday for me..

[shiftin_gear98]

Oh, quick question.


My insurance policy runs out in March, IF they still have my bike. Do I need to renew the policy again with them to still be covered for this?

[maviczap]

Maviczap, I've had to sign a lot of forms so far, pretty sure I am not aloud to use another solicitor or I am personally liable for all my current solicitors costs..

Won't hurt to speak to White Dalton and explain

Check your paperwork, I'm pretty sure you can appoint who you want to represent you & recover the costs at a later date.

SvRich had a similar problem, junked the solicitors his insurance company

http://forums.sv650.org/showthread.php?t=145119

[garynortheast]

As Mav says above you can ditch the insurance company appointed solicitors if you want and appoint your own. This is what my FiL did after his accident 4 years ago. He asked Andrew Dalton of White Dalton to take it on instead of the bunch of hopeless timewasters appointed by the insurance company. It was a good move, White Dalton were superb.

[madcockney]

The only thing is that when the law changed a year or so back the fee recovering system changed and is a fixed price if the value of the claim is under £25,000. Therefore the initial solicitor gets the fee and the second gets nothing unless you are willing to pay out of your own pocket. Therefore unless the latter applies most solicitors will not take on a case that another has started.

I have l always used my own solicitor, and certainly not the paralegals that most insurance companies use. I like to think that the solicitor is working for me and not to some other criteria. The solicitor I would use for my PA and any RTC related cases would be http://jminjurylaw.com as I know what they have done for others and do not fleece their clients.

[TamSV]

Who took your bike away?

If you think you could get it rideable, if not totally repaired, then there's no reason you couldn't get it back.

[Tyke]

Get well as soon as possible. I agree that crutches sucks :-(
I had similar accident just before Easter going to work in the morning. In full protection gear but nevertheless I had a broken right foot and some bruises. One month in cast plus one month to fully recover.
My beloved CBR 125R was written off (I was in the middle of my try to get my full licence) but at least now I am ok

[shiftin_gear98]

Tam,


My insurers got 4th Dimension to collect my bike, " for assessment".
Now they seem to not want to give it back, until it's fixed.

[shiftin_gear98]

Tyke,


Hope you're mended now, I'm on my way to being there.

[TamSV]

Tam,


My insurers got 4th Dimension to collect my bike, " for assessment".
Now they seem to not want to give it back, until it's fixed.

Aye, they'll be wanting to rack up storage charges. They've got to make money from somewhere but you can push against this if you want - it's still your bike after all.

[TamSV]

You could also ask if a hire bike is a possibility - depends how strong they think your case is.

[shiftin_gear98]

Tam,


I did ask earlier this week if I could have it back until a decision had been made regarding the 3rd parties liability. In a long winded way they basically said no it didn't work like that. My concern with demanding my bike back is that I am unsure if I then become liable for the storage charges. Today is day 39, at £20 per day.


All a nightmare I wish I hadn't gotten myself into. Should never have let them take it. You live and learn.
Hopefully someone else reading this will learn from my misfortune.

[shiftin_gear98]

They did mention a hire bike, but also about a policy I would have to take out etc to stop me having to pay for it if it turned out the other party didn't accept liability.
I really don't want to sign any more of their paperwork.

[TamSV]

Bar stewards.

It would be nice if the people who handle hundreds of these claims started explaining things properly to their customers but it seems too much to expect.

You can check what you signed and maybe change the situation but it seems you've got other things going on so you might just choose to avoid the hassle and wait it out. You shouldn't have to fight the people who are supposed to be helping but what I or anyone else would do about that is not necessarily what you should do.

Depending on the car drivers story, liability may not be clear-cut. RSA are certainly on for something but they might be thinking there's a possibility of contributory negligence. From their perspective it's worth holding on to see what comes to light. The vehicle costs and storage fees are inconsequential really - it's the looming personal injury claim they've got their eye on. It doesn't help you but, as you've identified, the lack of Comp cover means you're exposed to all this delay while you wait for liability to be sorted out.

Both sides are possibly hoping that the police report will deliver the knock-out blow. It probably won't, but the fact she's had to attend a careless driving course is hugely in your favour.

[Tyke]

Bar stewards.

It would be nice if the people who handle hundreds of these claims started explaining things properly to their customers but it seems too much to expect.

You can check what you signed and maybe change the situation but it seems you've got other things going on so you might just choose to avoid the hassle and wait it out. You shouldn't have to fight the people who are supposed to be helping but what I or anyone else would do about that is not necessarily what you should do.

Depending on the car drivers story, liability may not be clear-cut. RSA are certainly on for something but they might be thinking there's a possibility of contributory negligence. From their perspective it's worth holding on to see what comes to light. The vehicle costs and storage fees are inconsequential really - it's the looming personal injury claim they've got their eye on. It doesn't help you but, as you've identified, the lack of Comp cover means you're exposed to all this delay while you wait for liability to be sorted out.

Both sides are possibly hoping that the police report will deliver the knock-out blow. It probably won't, but the fact she's had to attend a careless driving course is hugely in your favour.

Communication with insurance companies is a nightmare. After lots of emails and calls I got the bike money after two months from the accident (the other driver accept full liability) but I am still dealing with my injury claim. The solicitors (which were chosen from the insurance company) are even worse in the communication and I think they don't pay a lot of attention because my case is not a high value one. 5 months after the accident and they still don't have the doctor report in their hands yet in order to proceed further. I think that if I take any money it will be around XMas lol

[TamSV]

For the most part I agree. Experience often runs contrary to the advertised service.

If you have a claim Winston Wolf is not turning up to sort it out. Nor will a friendly claims handler materialise in your burnt out living room, getting all dewy eyed cause he ****ing CARES so much.

A better way to look at it might be, if you don't have insurance and something happens it will be an absolute nightmare. If you do have insurance and something happens it will be an absolute nightmare, but at least you'll get a cheque at the end.

[shiftin_gear98]

Tam, Thank you for your input. If only the people involved with this were as open. You have said more in your comments that made sense then the multiple phone calls I have had so far.


Been away for the weekend, nice to forget about it all for two days!!
Any of you that live in the Cotswolds, you live in a nice place. My boys loved paddling in the water - Bourton on the Water. Last night however was nice being back in my own bed and not to be sleeping in a "family" room @ Travelodge!! 5 people one room - not pleasant.


Got to focus on the house move right now, less than 2 weeks.... so much packing to do.


Fingers crossed the Police report doesn't take too long if that's what they are waiting for. Hopefully either way it'll speed things up.

[L3nny]

Any of you that live in the Cotswolds, you live in a nice place.


I grew up in the Cotswolds and it is lovely, well it is when you tourists go home ;)

Sadly there is no way I could afford to live there now :(

[Toooldtodie]

Insurance companies are a mystery to me.
I have to say that Bennetts were brilliant at the time of my accident, had the right solicitors and all. Even renewed the following year, then bumped my premium by 50%.
These companies seem not to want repeat business!? Or want sleepwalking customers to pay over the odds.
Got a settlement quite quickly, but then, as in your case Shiftin, the driver was charged with careless driving. So take heart, they're unlikely to contest with that sort of verdict from the police, and hold out for a better offer, not the first one. This may sound like milking it, but I'd rather give the money back than be permanently less-able as I am now.
Nightmare at the time, do not envy you. You and your family do not deserve this stress. All the best mate.

[shiftin_gear98]

Well the house move went fairly smoothly, the boxes are nearly empty. Life was getting back on track. Until..
I sent the PC who attended an email on the 1st of Sept, asking if he knew if she had done here course etc etc. How things were proceeding as without the bike I am having to use the family car and my wife is stranded at home with 3 kids. I got a reply last night.


Martin,
Apologies for the delay in getting back to you.
I have been trying repeatedly to get hold of the other driver by email, phone and personal visits but have not been able to contact her by any of the methods. This has been for a few weeks so it may be that she is away. I will have to give her some more time to get in touch with me so that I can complete her interview.




WTF, I am at a loss. I have been without my bike for 2 months, all parties are waiting on the police report and she hasn't even been interviewed yet. I have no idea how best to proceed, I really just want/need my bike back.


Facts


Bennetts my insurers aren't doing anything as to my crash as I'm 3rd party. They arranged for 4th Dimension to collect my bike for assessment. 4th Dimension don't seem to want to give it back until everything is settled. The 3rd party ins. RSA is disputing liability even though she admitted fault at the scene to the police. They are waiting for the police report. 4th Dimension have told me they can't get a police report? and that Bennetts aren't following my claim. Minster Law - also appointed by Bennetts - are also waiting for the police report - personal injury claim.


Any guidance on what I should do would be great. Just letting things take their course is only making me the one to suffer more. Would contacting the Insurance Ombudsman help? Or is there nothing they can do.


Due to the recent house move pretty much all funds are drained, so the option of buying another bike / car is out. Really wish I had never let them take it away, had a bad feeling when they did.


Thanks Martin

[Ch00]

Phone The Traffic Criminal Justice Unit (Met Police) on 0207 230 0565. They deal with all the accident reports once they have been submitted. They might be able to tell you whats happening in relation to any prosecution on the 3rd party and if anyone has requested (and paid the fee) to have a copy of the report.

[shiftin_gear98]

Thank you Ch00. That's exactly the guidance I was hoping the OMO could offer. Thanks very much. I'll ring them in the morning, just after I ring the financial ombudsman.

[shiftin_gear98]

Hectic Morning, Just tried ringing the number Ch00 kindly gave.
It would appear that although I was run down in Chingford the police attending were from Essex Police.
So the Met Police weren't able to help. The nice lady on the phone did look up the Essex Police number 01245 491491 I needed. They on the other hand were no use at all.
Basically saying I could try emailing Road Collision Records. Which I Googled. They don't accept emails only their completed form, posted with a £20.00 cheque!! Oh for **** sake.....


Reading their webpage more - https://www.essex.police.uk/contact_us/road_collision_records.aspx
It looks like the only person who can shed any light until the report is closed is the attending police officer.
Who two months later hasn't been able to interview her.


This country is messed up. Why is everything designed to screw you over.

[shiftin_gear98]

Just sent them an email anyway - worth a punt.

[shiftin_gear98]

Ok, small update.
I spoke to 4th D on Friday as they emailed me an update - "we are still waiting for the other insurance company to get back to us"....
So I rang the direct dial number on the email. I have now been sent a copy of the estimate sent to RSA.
£1150 odd quid for basically a rearset and some black paint. The wording on the estimate clearly states that as long as they fix the bike there is no storage charge to pay.


My questions to you far more knowledgeable people are.


IF and at this stage this is all IF, I were to let the ball run it's course and RSA won would I have to pay 4th D to get my bike back anyway? I really can't see them just giving it back. If I do have to pay would it make sense to pay to get it fixed now, whilst trying to see if they would exclude painting various black bits for £400. So that I have it back and my wife gets the car back. And add it to the personal injury claim (which I have been told I can do).
Or does paying it off myself look in any way as if I'm at fault. Which I don't feel I am. If I lose and still have to pay out it'll suck having waited, yet if I win I'll get most of the money back and the pay out for the broken foot. The other thing, if I do pay out then there is only one company fighting my case instead of the current two. And when I say my case, read lining their pockets.


Any comments welcomed. This really is doing my head in now.

[pencil shavings]

Sorry you are having such a nightmare mate.
I work in insurance so I might be able to help a little.


What contract have you signed with 4D? As the appointed solicitors (sols) they don't have the right to hold your property for no reason, they are acting for you. If they don't play ball tell them you are contacting the Financial Ombudsman Service. It costs insurance companies and their sols £500 every time a complaint is made against them. That very quickly gets a response.


I don't see how you are liable for storage, all costs are recovered from the third party (car drivers insurance company)


Benetts are your insurance company and should be acting for you regardless of the level of cover you have. As this is a non fault accident all they are doing is recovering your costs from the car driver. Which is exactly what they would do if you were fully comp TPFT or TPO.


next steps:


1) contact insurance company and tell them you need to get your bike back and you need to be indemnified for your loss. Tell them that they need to repair your bike and provide you with a hire bike of the same or similar spec to yours. they can then subrogate their losses through recovery from the third party.
2) If they say they need to wait for x y z tell them that is on them and if they cannot provide you with the service you have paid for then you will report them to the FOS.
3) Ask bennttes if they have logged your injury with any sols yet as you are intending to purse the third party for injury damages, time off work and other expenses.


I don't know why they aren't helping you, insurance companies make money when their insured have a non fault accident. from your description of the accident it is a bang to rights non fault for you. The highway code states you have the right to carry on driving in a straight line without interruption from traffic joining the road or crossing your path. I have no concerns you are non fault (as long as what you have said is correct ;) )


Hope that helps a bit.

[ophic]

I have no concerns you are non fault (as long as what you have said is correct ;) )
Except when the at fault driver is a lying twunt. :mad:

[pencil shavings]

yep.


I didn't hit him in the rear, he reversed into me. Wonderful!

[TamSV]

Sorry you are having such a nightmare mate.
I work in insurance so I might be able to help a little.

I'm sure the following advice was given in good faith but it's off the mark.

What contract have you signed with 4D?

This is the key. Now that the OP's house move is out the way he might have a bit more time to review what he has actually signed up to. He should do that before he takes any action that might make the current situation worse.

As the appointed solicitors (sols) they don't have the right to hold your property for no reason, they are acting for you. If they don't play ball tell them you are contacting the Financial Ombudsman Service. It costs insurance companies and their sols £500 every time a complaint is made against them. That very quickly gets a response.

The Ombudsman won't deal with a claim until the OP has exhausted the suppliers claims procedure, which can take 8 weeks. If he wants to complain he needs to complain to 4D. It's not clear if there is even a regulated insurance product involved here (which could only be a legal expenses policy as his motor policy is not relevant) so the Ombudsman may not deal with it at all.

I don't see how you are liable for storage

Because he's signed an agreement that says he is responsible? Maybe. We don't know.

all costs are recovered from the third party (car drivers insurance company)

What if they disagree and won't pay?

Benetts are your insurance company and should be acting for you regardless of the level of cover you have. As this is a non fault accident all they are doing is recovering your costs from the car driver. Which is exactly what they would do if you were fully comp TPFT or TPO.

There's no difference in what you can expect from your insurer no matter what cover you have? Really? I'll let you roll that one around for a while.


1) contact insurance company and tell them you need to get your bike back and you need to be indemnified for your loss. Tell them that they need to repair your bike and provide you with a hire bike of the same or similar spec to yours. they can then subrogate their losses through recovery from the third party.

They don't need to repair his bike. He's TPF&T.


2) If they say they need to wait for x y z tell them that is on them and if they cannot provide you with the service you have paid for then you will report them to the FOS.

They are giving him the service he paid for. He's TPF&T. What they're not giving him is the service he didn't pay for, which would be Comp cover.


from your description of the accident it is a bang to rights non fault for you. The highway code states you have the right to carry on driving in a straight line without interruption from traffic joining the road or crossing your path. I have no concerns you are non fault

The problem is we don't know what the driver has said. Maybe she has a different version of events that also fits with the damage. Perhaps she thinks she moved safely into a gap in traffic and the OP filtered into that same gap. Now liability is not so clear cut. Maybe she's not lying - perhaps she honestly believes that's what happened. Maybe she's got a witness who thinks the same? Maybe the police report will help establish the facts. We don't know and neither does the OP.

It doesn't sound like 4D (who have all the information that we don't) are going to pay for repairs now and take a bet that this one gets settled entirely in the OP's favour.

To move forward the OP needs to check what he's signed with 4D, check the conditions of his legal expenses policy (if he has one) and go from there.

It's either that or just make a nuisance of himself with 4D until liability is established. That might be tomorrow or it might be weeks from now. We don't really have enough information to be certain.

[shiftin_gear98]

pencil shavings, Thank you for the reply.


TamSV, would you mind if I PM'd you extracts from what I have signed for guidance on how shafted I may be?
If it's ok, I'll look through it all tomorrow, todays my birthday and I'd rather not think about this nightmare today.

[TamSV]

No problem.

Happy Birthday. :)

[Toooldtodie]

Baffled!
Consider:
Similar accident, same police force in attendance (Essex), same insurance broker (Bennetts), same solicitors (Minster Law), similar injury and damage to bike, same charge to 3rd party car driver (careless driving) and I got my bike back in 8 weeks (Cat C) but repaired for £300 and injury claim settled in 12 weeks. Essex police even wrote to me to tell me of their decision to prosecute and then again to confirm he had attended the driver improvement course and when!

Why the difference? I was fully comp and legal. Is that it? Did I buy these 1st world rights? Are they a must have, even if we hope never to have to need them?

How can two seemingly identical accidents have run such different courses.
Oh nearly forgot, same model of bike and first name as me!!

[shiftin_gear98]

It never rains but it pours, my only form of transport - crappy old 53 plate Scenic has just died!!
Well in the throws of dying - electronic dash went out on way to work this morning - slight melting smell. That's not going be economically viable to fix....
I keep telling myself to look on the bright side - still have my leg - god damn it's getting harder to look on the bright side.


Yet another email today from 4th D, we are still awaiting a reply from the other party.....


Tam, I will send the stuff over I could really do with some advise, however the god of vehicles is against me right now. Got to take a half day off unpaid to go look for a replacement car and quick. Not liking the possible idea of driving a fireball...


Toooldtodie (Martin), It would appear life is **** sometimes. Glad you were fully comp, I will always be from now on.

[Corny Gizmo]

I fail to understand why you're having such a hard time with this.

I had a brand new lexmoto 125cc a few years back, it was only insured as Third Party Fire and Theft, no thrills on the policy, no legal cover no hire bike etc. I was hit from behind at around 10mph, A third party (like 4D) took my bike, inspected it, wrote if off, I bought it back (for £50, it was 6 months old with a broken mudguard!) and was paid out on both the bike and personal injury.

In the 4 months this was all going on, I had a hire bike (I went through 6 of them but thats another story) No questions asked as it was all being recovered from the other side, my premiums also have not been affected.

Im starting to think I was lucky, I hope your situations improves Shiftin_Gear98, I really do.

[ophic]

I fail to understand why you're having such a hard time with this.
Depends on the other side. If you have no witnesses and the other driver doesn't admit fault, you're screwed.

For 12 months I have been receiving letters saying that no resolution has been reached with the other party. I actually have a witness but the other driver appears to be one of those dishonourable dodgy types (read c**t). I doubt I will see any money back.

They wanted to write off my bike, and they have a no buy back policy (Hastings). I refused to let them take it and put it back on the road for £20.

It can be a minefield.

[TamSV]

If it's a nailed on dead cert (like being hit from behind usually is) the accident management companies will fix the bike via a loan to you. They recover the costs from the third party insurer together with interest plus hire bike costs etc.

If the circumstances are less clear they won't be as keen to take a punt.

[shiftin_gear98]

Corny Gizmo, ophic,


That's what I cant get my head round, at the scene the other side did admit fault to the attending police officer.
I also have an independent witness, who stopped to give her details to the police.
Myself, the 3rd party and the witness all had matching statements at the scene of what had happened. Hence I am not getting sent on a careless driving course and she is. If they ever get to ****ing interview her.


The more I think about it the more it ****es me off. When she hit me she actually physically left the scene. She came back around 10 mins later once the off duty policeman had stopped and called it in. I believe she must have rung her husband who told her to get back there sharpish, so she wouldn't get done for hit and run.


Some people are obviously just scum, unfortunately I got hit by one.
Hopefully Karma will **** her over one day too.

[shiftin_gear98]

Or I could post her address on here and a hoard of anger bikers brandishing flaming torches could burn her house to the ground...


Nah, not really my thing either.
Just have to see what will be.


On a positive note, pick up my new car on Friday, hopefully I don't die in a fireball in the meantime.


Disclaimer - Please note the above comment is purely intended as a feeble attempt to lighten my mood, and is in no shape or form a request for an angry hoard to be formed, let alone a torch to be lit.

[Toooldtodie]

Sat nav, accelerant and matches re-stowed!

Down Igor!!

[shiftin_gear98]

Tam, Thank you very much for your reply. You sir are a gent.
I will try to get my head round what you have said and see what I can do to try to speed this up. Going to start badgering the attending police officer shortly.


Martin, keep those supplies handy and yes bring Igor with you.

[shiftin_gear98]

I emailed the police officer, and have just had a reply.

Martin,

Mrs ?? has been interviewed and reported for the offence of careless driving. The file has been submitted with recommendation for a driver improvement course.
The process should take a couple of weeks and you will get some information from our collision reduction section regarding this.

Fingers crossed things might actually be finally in progress.

"driver improvement course" does this translate to careless driving course or have the goal posts moved slightly? Any Org Police input appreciated.

I will leave it a few days and start the other badgering as suggested.

[TamSV]

I emailed the police officer, and have just had a reply.

Martin,

Mrs ?? has been interviewed and reported for the offence of careless driving. The file has been submitted with recommendation for a driver improvement course.
The process should take a couple of weeks and you will get some information from our collision reduction section regarding this.


Forward that on to the solicitors and 4D. It might just be enough to encourage 4D to get repairs underway in advance of the actual police report.

Nearly there...

[shiftin_gear98]

I did forward the extract to 4th D, they have just replied asking me to sent the actual email.
So that they can forward it on to the other party. Tam, There is no harm in doing this is there?

[TamSV]

No harm and probably a big benefit if it helps the TP insurer make a quick decision.

[shiftin_gear98]

Thanks, hitting send now.

[shiftin_gear98]

Well sent it to everyone involved. Fingers now crossed.

[Toooldtodie]

The driver improvement course is a full day and costs a couple of hundred quid to the driver I seem to remember and the date is non-negotiable.

Saying that, now consider all the aggro you've had to endure... life, fair, nah.

[Corny Gizmo]

Going back to my accident I was hit from behind, he admitted liability at the scene and I had a witness. Maybe this is why it all happened so quickly, however he did try to contest liability once his insurers were involved.

I think as Orphic says, it can be a minefield.

Good luck mate

[shiftin_gear98]

Well it's two weeks since I emailed the Police reply to all and sundry.
Guess what......


Nothing, that's how far it's progressed, sweet FA.
Infact to make it worse, the solicitor's have just rung questioning if I am still being seen by the hospital.
I was last seen by the hospital 2 weeks after the crash. I told them this months ago.


I then asked them if there had been any news regarding the email I sent them on the 23rd.
"What email - there is nothing showing on your file" Holy ****ing Bat****...WHAT!


I sent it to the direct person handling my case.. I give up - ****ing useless.
Friday will be 3 months with no bike. Battery's probably fooked by now.


Only plus side is my brother in law has just got himself a new car, SO he is long term lending me his little 62 plate Suzuki Swift! Ok so it's got four wheels, but at least my wife won't be stranded any more. Picking it up at the weekend. Yes I can't understand his logic either, but I'm grateful.

[Toooldtodie]

P*ss take!
Get in touch with Minster Law and ask for someone competent to take over your claim. Tell them that your story and their handling of the case is currently all over the internet!
Bennett's name and reputation are also in the frame so they could be contacted and advised of this fact too.
More hassle for you I know but kick up an almighty fuss...
... after all it wasn't your fault and you deserve to be recompensed, end of.
You can quote me on this. "I would think twice about insuring my bike with Bennetts after the treatment you have received from their agents, despite having used their services in the past".

[TamSV]

That's disappointing. I had hoped the police email would have encouraged the third party to confirm liability.

The injury claim would rumble on a bit longer but the repairs could be moved on.

It seems possible they still haven't seen the email yet. Have you had any further contact from 4D?

[shiftin_gear98]

Yesterday I finally had a glimmer of hope. 4D got in touch to say that they finally had an acknowledgement from RSA, that's the first in 3 months! They have reviewed the police information I passed on and will be discussing it with their driver. I guess she didn't say the same as me...... 4D will chase them up Tuesday. Let's hope this is it.

[shiftin_gear98]

Sometimes I just wonder if ****wits should just all be lined up and shot....


My solicitors have repeatedly queried the collision report number I have given them telling me the Police say it is wrong.
To double check I have just emailed the attending Police Officer asking him to please confirm I have it right.
His very prompt reply, minutes later was a resounding that is definitely the right number.


So I reply back to the solicitors.


"Just out of curiosity - you are ringing Essex Police and not the Met? I initially rang the Met as Chingford is London, but was told the officer attending was from Loughton - Essex.
So the Met were not involved, they did tell me the collision number wasn't theirs"


Funnily enough I haven't had a response.....would the following people please form a line....
I do sometimes wonder if some people have help remembering to breathe.

[shiftin_gear98]

Oh and Bennetts sent me a customer satisfaction survey to complete, thank **** something made me smile.

[shiftin_gear98]

Still holding out 4D get some good news.

[TamSV]

Fingers crossed mate.

Hopefully there was enough in the police e-mail for the TP insurer to accept liability. Failing that, you'll need the police report - which is at least now (hopefully) being requested from the correct force.

If 4D don't get a quick response from the TP I would ask them if the e-mail gives them enough confidence to crack on with a credit repair.

[Toooldtodie]

Jeez!
Answers several questions doesn't it?
Why is motor insurance so expensive? Because it's hopelessly inefficient in every aspect.
Why people don't insure. See above. And they don't give a t*ss about anyone else and lie and refuse to accept responsibility for their actions.
What a wonderful world... apologies to Louis Armstrong!

[shiftin_gear98]

Still nothing.....


MOT runs out today...Tax end of month.
Am I still insured if these have run out?

[ophic]

Still nothing.....


MOT runs out today...Tax end of month.
Am I still insured if these have run out?
Still insured, yes. Allowed to ride your bike on the road? No.

[shiftin_gear98]

Thanks, as I don't have it I'm not gonna be riding it. Really wish I could though.

[shiftin_gear98]

Just got a text to say my repair has been approved!!!!!!!
Only 15 weeks later. Thankfully her lies have been exposed.
Bike will hopefully be back 19.11.
Feels like a huge weight has been lifted, just in time for family holiday next week.

[Toooldtodie]

Good news!
What an epic PITA!
How are you? Hope the leg is better than a washing line prop!
Hope to see you on the highways and byways of Essexshire soon!

[shiftin_gear98]

Thanks, very relieved. I've been stressing about this for what feels like ages now. Foot still aches most of the time, but it is what it is. Least it's still there! Somedays I limp somedays I don't.
Keep an eye out blue SK6 black Furygan jacket white stripes down sleeves. White HJC helmet with black stripe down centre. I always nod, especially SV's.

[TamSV]

Glad to hear the news.

[shiftin_gear98]

Thanks Tam

[Geodude]

Great news :)

[shiftin_gear98]

As far as Monday mornings go this ones not too bad.
Just had a phone call from 4D - My bike's getting delivered tomorrow!!!
To my work so I can actually sign for it, plus there's an MOT place two doors down.


That'll be 4 months and 3 days since it was collected.. Bet the battery is fooked.

[Toooldtodie]

Just be aware of the gale force winds we've got forecast for tomorrow night!
Had my bike blown over twice with the cover on, now that would be tragic!! Park it safely!

[DJ123]

Just be aware of the gale force winds we've got forecast for tomorrow night!
Had my bike blown over twice with the cover on, now that would be tragic!! Park it safely!

If you have a paddock stand use it, and just chain it to the bike so it can't go amiss. Plus some wheel chocks too!

[shiftin_gear98]

SHE'S BACK!!!!!


Thanks for the advise, got to sort the MOT now....

[Toooldtodie]

Woo hoo!
Great news! In a few months it'll all be a distant (albeit unpleasant) memory.

Welcome back!