Insurance Help - NCB

[SoulKiss]

Right, 1st of all, great big advert for H&R Insurance...

Phoned H&R, my broker initially to see whether the legal cover I have would extend to fighting NIG on this - it wouldn't.

However I DID get a huge amount of advice from Joe there, the advice I got in the end being to get NIG to prove negligence, and for them to give me the reasoning why they think me negligent in writing to give me a case to fight.

It all hinges on the fact that if I had gone into the back of the cyclist because I was following him then I would be negligent, but as he changed lanes into my path, then there is definately something to fight.

The upside of this for NIG is that if I can prove my case, they potentially could tell the Van Drivers insurance they are not paying out - so if I can put a case forwards that would stand up, then they can get off the hook for a pay-out too.

So I called NIG, got through to there liability team, and spoke to someone completely more reasonable than the person who called me.

She is putting the case through to the dispute team, and gave me a number to contact that team on.

good luck!

[the_lone_wolf]

Good news, hopefully common sense will prevail

good news that one will have to let us all know how you get on with it mate

Dave,

Your not going to like my answer, meh, whats new.

THIS IS WHAT INSURANCE IS FOR.

The other guy doesn't care if you swerved for a cyclist, deer or a child who were in your path. The poor sod just wants his van fixed, after you rode into the side of it.

All correspondence should go via your insurance company/legal people and it gets sorted out. If you are fully comp you get all your stuff fixed into the bargain too.

I was rear ended a few years back, and my bike then hit the car in front. The driver of the car in front sent me the claim form stating that it was my fault. It all got sent via the legal cover who sorted it out.

I was obviously very annoyed, as it wasn't my fault, but the legal people said send it to us, they claim from us, and we then claim it back from the other insurance company as a 3rd party recovery.

In this case, the cyclist doesn't have insurance, the van wasn't doing anything wrong (afairc), and you hit the side of him. Its a bit of a pi**er but that’s how it goes sometimes.

A few years back, I was filtering on the south circ, mid December with some ice warnings the day before and still stupidly cold. The road seemed fine, however the car in front braked hard, I put on some brakes, hit an iced up drain cover and ended up with the front end of my bike under the car in front. Again, wasn't particularly anyone’s fault, I was doing less than 20mph but these things happen. My insurance paid the woman I hit, I lost my NCD and that was that.

Just my opinion.
Dan

[SoulKiss]

Originally Posted by Sudoxe

Dave,

Your not going to like my answer, meh, whats new.

THIS IS WHAT INSURANCE IS FOR.

The other guy doesn't care if you swerved for a cyclist, deer or a child who were in your path. The poor sod just wants his van fixed, after you rode into the side of it.

All correspondence should go via your insurance company/legal people and it gets sorted out. If you are fully comp you get all your stuff fixed into the bargain too.

I was rear ended a few years back, and my bike then hit the car in front. The driver of the car in front sent me the claim form stating that it was my fault. It all got sent via the legal cover who sorted it out.

I was obviously very annoyed, as it wasn't my fault, but the legal people said send it to us, they claim from us, and we then claim it back from the other insurance company as a 3rd party recovery.

In this case, the cyclist doesn't have insurance, the van wasn't doing anything wrong (afairc), and you hit the side of him. Its a bit of a pi**er but that’s how it goes sometimes.

A few years back, I was filtering on the south circ, mid December with some ice warnings the day before and still stupidly cold. The road seemed fine, however the car in front braked hard, I put on some brakes, hit an iced up drain cover and ended up with the front end of my bike under the car in front. Again, wasn't particularly anyone’s fault, I was doing less than 20mph but these things happen. My insurance paid the woman I hit, I lost my NCD and that was that.

Just my opinion.
Dan

Thats how the 1st person at NIG tried to paint it.

My Broker said otherwise.

Essentially if I can put a good enough case forward, the Van Drivers Insurer would be told to go claim off the Cyclist's insurance - ie its them who is going to lose out unless they claim on their own insurance.

Negligence has to be proven aparently (going by what I was told rather than what I thought)

[Biker Biggles]

Interesting case.My understanding was that Sudoxe is right and the van can claim off who hit him,which is you,regardless of it not being your fault.Keep us informed what happens as we may be wrong on this.

[BillyC]

Dave,

Your bike hit the van - fact. Because of that, the van claims from your insurance.

Normally, you would be able to claim from the other party's insurance for your uninsured losses... but in this case, that's not possible.

That's the way it works, and no amount of wriggling is going to escape the facts above. Next time... go into the back of the cyclist, and mount a civil claim against them... or even better, don't get caught in the gutterside of another motor, undertaking like a scooter.

[Edit] Proving negligence has nothing to do with it... the driver makes a claim from you, and will have a police report to go with it, it seems. Damage caused by avoiding an cyclist (however that may be).

[SoulKiss]

Originally Posted by BillyC

Dave,

Your bike hit the van - fact. Because of that, the van claims from your insurance.

Normally, you would be able to claim from the other party's insurance for your uninsured losses... but in this case, that's not possible.

That's the way it works, and no amount of wriggling is going to escape the facts above. Next time... go into the back of the cyclist, and mount a civil claim against them... or even better, don't get caught in the gutterside of another motor, undertaking like a scooter.

[Edit] Proving negligence has nothing to do with it... the driver makes a claim from you, and will have a police report to go with it, it seems. Damage caused by avoiding an cyclist (however that may be).

I am only going from advice given to me by a guy working in the claims dept of my Insurance Broker...

Originally Posted by SoulKiss

I am only going from advice given to me by a guy working in the claims dept of my Insurance Broker...

AIUI your main problem is that your insurance want it down as a fault claim rather than no-fault. Who pays who isn't really an issue. If you get it down as no-fault, which hopefully police incident report will say, it won't affect your premiums, NCB etc.