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-   -   SMIDSY (Sorry mate I DID see you) - Insurance advice? (http://forums.sv650.org/showthread.php?t=227846)

Dave20046 10-08-17 09:55 PM

SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
Hi Mighty org,

Just after your views on a matter, I know traffic opinions can vary wildly and it's particularly trendy to be unreasonably damning but thought I'd poll the collective anyways.

Pretty briefly, some time ago my dad was involved in an incident with a motorcycle. He's never had an impact or claim (still true at this point) in 45 years of motoring and so he's pretty pished off about the situation.

My dad was pulling out (right turn) of a side street on a bend, he edged forward to get a view of the road - traffic in the first lane was clear but there was traffic in the far lane he'd like to join so he became stationary part way out of the lane to maintain view. As he kept checking both ways traffic appeared in the lane he was already encroached on, a motorcycle was first in the queue. The motorcyclist saw him and came to a stop. At this point traffic in the far lane was clear so my dad proceeded, as he went to proceed across he did a last check/lifesaver and saw the motorcyclist had gone to go around him on the right side of the road so stopped immediately. He maybe moved 6 inches to a foot. This spooked the motorcyclist unnecessarily , and he inexplicably fell off.
My dad spoke to the guy, he had just bought the bike, the guy had no breakdown cover or anything and my old man felt a bit of pity so had him recovered. The garage deemed the bike unroadworthy (regardless of the incident, brakes were seizing and the luggage rack was cable tied on...maybe not legally relevant but gives you an idea of what may have happened) and valued the damage (caused by the falling) to the bike at around £150-£200.
My dad said feck it; my excess it £250,have £250, fix your bike and lets shake on it. They did. Additionally they each signed a receipt without prejudice which the garage owner witnessed that said no matter would go any further , and recorded a goodwill payment of £250.

Pretty predictably captain somersault has reneged on the deal and phoned an ambulance chaser. Although he didn't have my dad's details (as he ripped them up himself of his own accord after the incident was 'concluded') so he's got the police involved to use our pitifully stretched public bobbies as his own insurance assistants.
He's told the police there was an impact (when there certainly wasn't) , the police have seen both copies of the receipt but are saying they have to investigate an impact and hand over details to the insurer so the ambulance chaser can bend my dad and all insurance payers over. The police have homed in on the fact that there may not have been an impact, they say they don't have to investigate or give any details over if there wasn't (my understanding is actually that this is incorrect, but it's in my dad's favour so I'm not arguing). I've also asked the police to check the insurance database on the date, because the guy was very clear he wanted no police involvement and had admitted he'd only bought his chinese scrapheap 2 weeks prior from gumtree.


Oops, that was less brief than expected but anyway, questions are:
Can the police give my dad's details over if
1) they find he's lying about the impact/scenario
2)he's uninsured

If it goes to insurance, what do we think the odds will be? I think there's a chance it would go split decision despite the fact the bike did something ridiculous and also needlessly lost control.

And probably most importantly (on principle) is there a legal mechanism to force immediate payback of the £250 since the contract has now been broken and then let the insurance gods decide.

:grouphug:

shiftin_gear98 11-08-17 08:23 AM

Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
Sorry no advice to give, I do fear your dad my have opened Pandora's box by taking him to the garage and by giving him money admitted guilt. But then I'm no expert.


Sounds like your best bet is to get the recovery people involved with a signed statement.
The police may also want to check if he had insurance on the day of the accident.


Maybe next time call the old bill to the scene, they can then laugh at him and your dad can go home.


Fingers crossed it all sorts itself out in the end.

ophic 11-08-17 08:29 AM

Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
Quote:

Originally Posted by shiftin_gear98 (Post 3074555)
Sorry no advice to give, I do fear your dad my have opened Pandora's box by taking him to the garage and by giving him money admitted guilt. But then I'm no expert.

"without prejudice" means no admission of anything. Still it works both ways - the other guy has also not admitted to anything.

If the damage has been paid for, there's no outstanding debt. Therefore nothing to claim. Unless he's been injured but he'd have to prove that.

shiftin_gear98 11-08-17 09:31 AM

Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
Surely that is in the realm of a gentleman's agreement that would only count if signed between two like minded gentlemen. The other party is obviously a chancer, and out for everything the little **** can get.
I still would have called the old bill to the scene. Let them of sorted him out for riding a non roadworthy bike.
And being a clueless feckwit.

ophic 11-08-17 09:51 AM

Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
Quote:

Originally Posted by shiftin_gear98 (Post 3074559)
Surely that is in the realm of a gentleman's agreement that would only count if signed between two like minded gentlemen. The other party is obviously a chancer, and out for everything the little **** can get.
I still would have called the old bill to the scene. Let them of sorted him out for riding a non roadworthy bike.
And being a clueless feckwit.

It counts. Doesn't matter what the other party thinks. It explicitly means that even though you are making a payment you are not admitting guilt of any kind, nor can the payment be taken as such. Otherwise no payment would me made.

As for calling the old bill... hindsight is 20/20

Dave20046 11-08-17 10:47 AM

Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
re. the old bill, this is the funny bit. I only learned this after and surprised alarm bells didn't go for my dad..but my mum called the police in a panic and the guy on the motorcycle asked her to stop. He said it's fine it's fine no problem, no need for insurance or the police.
This is why I called up the police and asked them if they would please check the database.

The guy is going down the injury route, even though he stated and appeared fine at the time. I know that can change...but reading between the lines I think I know exactly what's happening...

Gentleman's agreement it was, gentleman it turns out he wasn't. Really frustrating but ho hum. I'm hoping if it does go to insurance it gets thrown out, it's a move I'd never pull - clearly dangerous; you can see and have acknowledged the car's intention to move out yet as soon as it's clear (and predictable they are about to move) you dive out in front of them. But I can imagine it isn't covered in the highway code (3 lashes for me not knowing) and thinking it may go split, and of course whiplash etc. My old man's premiums will go up and his £250 has sailed off.

Bibio 11-08-17 12:14 PM

Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
your dad committed to a manoeuvrer but got spooked which then spooked the motorcyclist who was expecting your dad to carry on.

your dad should never have offered or even given any money, this is what insurance is for and it keeps you on the legal side.

i very much doubt that given your dads insurance claims record that they will hike his premium. your dad will no doubt have protected claims discount. 45 years claim free driving history is a miracle in this day and age.

just let the incident take its course and tell your dad not to worry and let the insurance company do their stuff.

Dave20046 11-08-17 12:54 PM

Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
Quote:

Originally Posted by Bibio (Post 3074569)
your dad committed to a manoeuvrer but got spooked which then spooked the motorcyclist who was expecting your dad to carry on.

your dad should never have offered or even given any money, this is what insurance is for and it keeps you on the legal side.

i very much doubt that given your dads insurance claims record that they will hike his premium. your dad will no doubt have protected claims discount. 45 years claim free driving history is a miracle in this day and age.

just let the incident take its course and tell your dad not to worry and let the insurance company do their stuff.

They went for it at pretty much the same time, it was as if the bike waited for my dad to start apparently, he checked just before releasing the brake and back again as he did. My dad had started the actual maneuver (exiting side road) about 40 seconds before, the bike was no where in sight then came to my dad edging out and came to a stop. Would anyone of sound mind really stop to let a motorist out and then as soon as it's clear for them to continue the manouvre ride in front of the bonnet?


I don't think giving cash makes my dad 'not on the legal side'...only on the vulnerable side. Trusting old fool, bless him.

Aye, I think he's just ****ed off as you would be. It would be nice if he could issue some proceedings for the £250 if it goes to insurance or have it deducted from the payout just stop the crafty little so and so benefiting.

Red ones 11-08-17 01:18 PM

Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
Let insurance do is thing. They get paid to do it.
I'd produce the receipt for the works completed if/ when insurance calls. If your Dad didn't actually hit the bike then the claim would be settled as the bikes fault.

ophic 11-08-17 01:45 PM

Re: SMIDSY (Sorry mate I DID see you) - Insurance advice?
 
Helmet cam is a nice thing to have. Under £100 and some are so small and light you barely notice them. Makes it a lot less variable if it comes to court.


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