Insurance Help - NCB

[SoulKiss]

Right just had NIG on the phone about the cyclist incident on the 22nd June.

Short story is, despite the Police not having any further interest in the matter - ie no case against me for careless driving or whatever, as the Van driver has now put in a claim, they are saying this would be considered as an at-fault claim.

Anyone got any experience/advice as to how I can argue this.

On the phone the woman I talked to implied that the fact I hit the cyclist in the rear automatically makes me at fault - does anyone have cases etc to prove this as incorrect ?

Off to go talk to the police now, to see what I can get out of them.

[Spiderman]

Originally Posted by SoulKiss

Anyone got any experience/advice as to how I can argue this.

On the phone the woman I talked to implied that the fact I hit the cyclist in the rear automatically makes me at fault - does anyone have cases etc to prove this as incorrect ?

I always assumed this to be the case till that woman on the phone drovein to the back of me. The cops show up and let her go. When i challenge them they say its not "always" the person who hit from the rear who is at fault, so i guess there must be some case law if you go digging for it mate.

What's the van driver claiming for? Out of insurance settlement?

[SoulKiss]

Originally Posted by TazDaz

What's the van driver claiming for? Out of insurance settlement?

I hit the cyclist which pitched the bike to the right, and so I "sideswiped" the van - I am assuming its for a new panel.

Insurance woman said that in some cases, if I paid for whatever they pay out they will not take the NCB away - but **** it that means the **** on the bicycle will have cost me over a grand due mostly to lid and kit damage.

As you can tell, I am not happy at the moment.

You can have an accident and be at fault without breaking any laws.
Going into the back of someone will, by default, get you the blame unless you can prove otherwise. If you have an incident number give that to the insurers saying look cpos said not my fault.

[fizzwheel]

I drove into the back of a woman in a metro years ago.

She was in the hatched area of a piece of road marked for turning right in, as I approached her she decided she didnt want to turn right anymore and pulled back into the main carrigeway without looking or checking her mirrors, despite my best efforts I hit the back of her metro.

She admited liability and the scene and said in a phone conversation afterwards that she hadnt looked in her mirrors etc etc

I put this all down on my form and I was deemed not at fault by the insurance company so kept my NCB etc etc

Not sure if its relevant, but as said above its not always the persons fault who does the hitting.

[SoulKiss]

Originally Posted by fizzwheel

I drove into the back of a woman in a metro years ago.

She was in the hatched area of a piece of road marked for turning right in, as I approached her she decided she didnt want to turn right anymore and pulled back into the main carrigeway without looking or checking her mirrors, despite my best efforts I hit the back of her metro.

She admited liability and the scene and said in a phone conversation afterwards that she hadnt looked in her mirrors etc etc

I put this all down on my form and I was deemed not at fault by the insurance company so kept my NCB etc etc

Not sure if its relevant, but as said above its not always the persons fault who does the hitting.

It doesn't help that the scrote on the bike didn't hang around the scene to be interviewed.

If he had, then the Insurers may have regarded him as responsible and hence have someone else to go after - I dont see how they can say that.

Going to phone my broker and get in touch with my legal cover people.

[the_lone_wolf]

Originally Posted by SoulKiss

It doesn't help that the scrote on the bike didn't hang around the scene to be interviewed.

If he had, then the Insurers may have regarded him as responsible and hence have someone else to go after - I dont see how they can say that.

Did the police say anything about apportioning blame?

Surely if you weren't at fault and the dickweed on the bike ran off it;s no different than being taken out by an uninsured driver, or a driver who flees the scene with no witnesses

Can you not submit a claim to the MIB?

[SoulKiss]

Originally Posted by the_lone_wolf

Did the police say anything about apportioning blame?

Surely if you weren't at fault and the dickweed on the bike ran off it;s no different than being taken out by an uninsured driver, or a driver who flees the scene with no witnesses

Can you not submit a claim to the MIB?

If it was an uninsured DRIVER who had left the scene, then yes, but as cyclists do not have to have insurance, no.

think your going to have to swallow this mate but if this goes as your fault are you full comp as you could get the money back on the lids and get the scratch on your bike fixed??

but my answer to the insurance would be i was cut up by the bike which knocked me off as a result hit the van due to the bikes actions that was out of my control play it that way and see... but i think your on a loser mate