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Originally Posted by pencil shavings
Sorry you are having such a nightmare mate.
I work in insurance so I might be able to help a little.
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I'm sure the following advice was given in good faith but it's off the mark.
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Originally Posted by pencil shavings
What contract have you signed with 4D?
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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.
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Originally Posted by pencil shavings
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.
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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.
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Originally Posted by pencil shavings
I don't see how you are liable for storage
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Because he's signed an agreement that says he is responsible? Maybe. We don't know.
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Originally Posted by pencil shavings
all costs are recovered from the third party (car drivers insurance company)
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What if they disagree and won't pay?
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Originally Posted by pencil shavings
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.
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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.
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Originally Posted by pencil shavings
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.
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They don't need to repair his bike. He's TPF&T.
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Originally Posted by pencil shavings
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.
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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.
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Originally Posted by pencil shavings
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
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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.