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Old 02-03-07, 10:04 PM   #11
Red ones
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Default Re: New helmet - other party refusing to pay

Seems you guys have covered what I was (and am) going to say.
  1. Accept their viewpoint that they do not automatically pay out
  2. Point out that as a vital part of PPE it is essential that any damage sustained to the helmet renders it useless
  3. Point out that damage is not always visible
  4. Offer the helmet to be inspected by them, noting that it may be necessary for it to be scanned to carry out a non-intrusive survey.
Betterment is a peculiar thing. You are allowed to improve when replacing! In cases where it is not reasonable to replace with like-for-like (such as helmets - you would not replace with a similar 2 year-old helmet etc) you are allowed to replace with an item of a specification of similar standing. Say you bought a Ford Cortina and years down the line you claimed a replacement, you would not have to accept a Ford Cortina as a replacement, however, you could claim that a Mondeo was an acceptable alternative as it represents a similar position in the market taking in to consideration movement of technology and prices in the meantime. (or so said the QC in a case I know only too well!)
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Old 02-03-07, 10:08 PM   #12
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Default Re: New helmet - other party refusing to pay

just do what my mate did, hit it with a hammer a few times, scrub it on the floor and send them the pics!
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Old 02-03-07, 10:42 PM   #13
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Default Re: New helmet - other party refusing to pay

Hi Rupert

I'll have to post where i got that from on Monday as I can't remember what i searched for on Google so need to look at history on work PC. I'll have a think and try tomorrow though.

Here's another link for you http://www.dsa.gov.uk/Category.asp?cat=203
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Old 03-03-07, 08:44 AM   #14
Red ones
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Default Re: New helmet - other party refusing to pay

Quote:
Originally Posted by Paws View Post
just do what my mate did, hit it with a hammer a few times, scrub it on the floor and send them the pics!
Now that would be insurance fraud
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Old 03-03-07, 12:51 PM   #15
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Default Re: New helmet - other party refusing to pay

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Originally Posted by Red ones View Post
Now that would be insurance fraud
My other half suggested I did that as well, but I decided that I'd probably get caught!
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Old 03-03-07, 12:52 PM   #16
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Default Re: New helmet - other party refusing to pay

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Originally Posted by BristolMatt View Post
Hi Rupert

I'll have to post where i got that from on Monday as I can't remember what i searched for on Google so need to look at history on work PC. I'll have a think and try tomorrow though.

Here's another link for you http://www.dsa.gov.uk/Category.asp?cat=203

Thanks Matt (and thanks for the DSA link - I should have thought of them - my Dad was the original Chief Exec when the agency was formed!)

rgds
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Old 05-03-07, 10:16 AM   #17
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Default Re: New helmet - other party refusing to pay

I dragged my ar*e into work today and found that link for that quote i gave its:
http://www.dft.gov.uk/stellent/group...pdf_506862.pdf

On Google i searched for Motorcycle Helmet Regulations and this was the first link, though now I think that that DSA link will be the most suitable arguement.

Hope it all goes well for you, they make enough money!!
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Old 05-03-07, 10:24 AM   #18
Ceri JC
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Default Re: New helmet - other party refusing to pay

I'd say it depends on the sort of lid. If they offer a service of checking it for damage (I think I remember reading about Arai/Shoei offering this for £30 or thereabouts), where they xray it and check it thoroughly and issue a certificate to that effect. If that's possible, they could pay for that, instead of a new lid. That's if you want to co-operate and have the right sort of lid, mind. I'd also point out that they led you to believe it would not be a problem to replace the lid and you bought it, you have already incurred that cost as a result of the accident (and as others have remarked, it's not like you can sell the lid on to recoup the loss), hence they should be the ones paying up.
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Old 06-03-07, 12:57 PM   #19
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Default Re: New helmet - other party refusing to pay

Quote:
Originally Posted by BristolMatt View Post
I dragged my ar*e into work today and found that link for that quote i gave its:
http://www.dft.gov.uk/stellent/group...pdf_506862.pdf

On Google i searched for Motorcycle Helmet Regulations and this was the first link, though now I think that that DSA link will be the most suitable arguement.

Hope it all goes well for you, they make enough money!!
Thanks for taking the time to do that for me Matt - appreciate it.
I thought it was just me who had an extremely low opinion of insurers - it seems not!
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Old 06-03-07, 01:00 PM   #20
John 675
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Post Re: New helmet - other party refusing to pay

I thought it was just me who had an extremely low opinion of insurers - it seems not! [/quote]

no no no lol, i hate them, you pay all that money and they offer you nothing when you claim!!! angry rant !!!
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