first 'off'

Got wiped out on a roundabout by a daft old sod in a shogun on saturday pulling out on me. to be fair he was ok about it, made sure i was ok asked if i needed taking anywhere and waited until my mates turned up to retrieve the bike.
thankfully i wasn't too badly hurt, didn't feel anything sat, just got sore and stiff on sun so went and got checked out at hospital yesterday, all resulting in me having whiplash.
anyway he's admitted full liability so everything is going through his insurance, spoke to them yesterday and they've offered me £1250 for the whiplash as a 'take it now with no medical evidence - we'll just take your word for it' or i can go see an independant gp or take a 6 week course of phsyio both of which i cant see much point in coz i feel almost tip top now.
should i just accept the money - no questions asked?

also gotta put a claim in for my gear. Bloke just said get some pictures from websites/catalogues etc for approx replacement cost of which i'll prob get about 90% due to my gear having natural 'wear and tear'.
question is, how do they know what gear i've got? i could send pics of anything, do they come and get your old gear?

any help would be gratefully accepted!

I'm in a similar position with claiming... any help much appreciated....

Originally Posted by aidblade

also gotta put a claim in for my gear. Bloke just said get some pictures from websites/catalogues etc for approx replacement cost of which i'll prob get about 90% due to my gear having natural 'wear and tear'.
question is, how do they know what gear i've got? i could send pics of anything, do they come and get your old gear?

I refused to take any wear and tear into account.
My kit was fine before the accident and after it needed replacement.
Argue the toss with them and they will eventually give in.
My leather replacement wanted pictures of my kit as well as a replacement cost from a dealer.
They didnt want my old kit so I gave the lid to the local ambulance station for use with training.

[fastdruid]

I argued the point over the leathers/helmet as it's not like a car where you can buy second hand, it is essential safety equipment and has to be new.

Druid

never really thought about it like that, but you're both right there wasn't anything wrong with my gear until the silly sod knocked me off so i should get fulll reimbursement!

[Nobbylad]

Just settled my claim from my off in Feb..initially the guy contested liability, but in the face of overwhelming evidence (me taking photo's/videos etc) gave in...even though I had no witnesses and he had one supporting him.

I claimed for the full amount for all my kit, lid, givi soft luggage, gloves, boots etc on the basis that the protective gear contains CE armour that once compressed, loses it's ability to absorb impact.

I will be getting the full amount for all my kit, personal injury as well as expenses (trips to physio etc).

In your case, I'd be inclined to work out how much the gear is brand new and add that on top of the whiplash. At the same time advising them that you're happy to go to court and debate it as your costs will be borne by your insurance company (no win/no fee) and that when you do win (as he has admitted liability) they'll be liable for substantially more than your original request.

What about your bike? What damage etc and how's it getting sorted?

the whiplash claim is seperate claim, thats a personal injury claim.

then there's the claim for the gear on its own, i will now speak to them again with your advice in my mind and go for full reimbursement from new.

as for the bike it looks cosmetic but i'm not going to make that decision. not too sure about left hand side that hit the car but the right is just mainly scratched. fairing next to lights, wing mirror, indicators, rear fairing, exhaust, front brake lever, carbon bar end, rear brake lever now faces into the bike. as for any more i'm not sure. The details have been passed onto the repairers to contact me to arrange collection and drop off of courtesy bike. they we're supposed to have been contacting me today or yesterday but i haven't heard anything so i'm going to ring them 1st thing tomorrow to see what the crack is

Good to hear you didn't come off too badly!

The insurance coy will ask you to sign a letter in full and final settlement. I'd have a go at excluding claims that you don't know about, for example if it turns out that the pain doesn't go and that further investigation show that you've broken your neck. So qualify the full and final settlement wording by adding something like 'but specifically excluding any latent peronal injury claims'. I'm fairly certain that they will tell you to foxtrot, but if you don't ask you don't get.

[Littlepeahead]

Beware of thinking you are ok on the whiplash front. I had a car accident about 15 years ago, felt OK after a couple of days and so didn't have physio and only got £300 for the whiplash. But I then went on to have years of back and shoulder problems, most likely started off by the whiplash - so if you get the chance of physio I'd take it. I'm lucky, working at a major sports ground like Lord's there are a couple of brilliant physios here full time who treat me on the quiet between cricketers, but if I was paying for it at the going rate I'd be bankrupt.