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Old 09-09-15, 07:21 PM   #51
shiftin_gear98
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Default Re: Joined the T Bone Club.

Thank you Ch00. That's exactly the guidance I was hoping the OMO could offer. Thanks very much. I'll ring them in the morning, just after I ring the financial ombudsman.
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Old 10-09-15, 11:50 AM   #52
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Default Re: Joined the T Bone Club.

Hectic Morning, Just tried ringing the number Ch00 kindly gave.
It would appear that although I was run down in Chingford the police attending were from Essex Police.
So the Met Police weren't able to help. The nice lady on the phone did look up the Essex Police number 01245 491491 I needed. They on the other hand were no use at all.
Basically saying I could try emailing Road Collision Records. Which I Googled. They don't accept emails only their completed form, posted with a £20.00 cheque!! Oh for **** sake.....


Reading their webpage more - https://www.essex.police.uk/contact_...n_records.aspx
It looks like the only person who can shed any light until the report is closed is the attending police officer.
Who two months later hasn't been able to interview her.


This country is messed up. Why is everything designed to screw you over.
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Old 10-09-15, 12:22 PM   #53
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Default Re: Joined the T Bone Club.

Just sent them an email anyway - worth a punt.
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Old 14-09-15, 02:13 PM   #54
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Default Re: Joined the T Bone Club.

Ok, small update.
I spoke to 4th D on Friday as they emailed me an update - "we are still waiting for the other insurance company to get back to us"....
So I rang the direct dial number on the email. I have now been sent a copy of the estimate sent to RSA.
£1150 odd quid for basically a rearset and some black paint. The wording on the estimate clearly states that as long as they fix the bike there is no storage charge to pay.


My questions to you far more knowledgeable people are.


IF and at this stage this is all IF, I were to let the ball run it's course and RSA won would I have to pay 4th D to get my bike back anyway? I really can't see them just giving it back. If I do have to pay would it make sense to pay to get it fixed now, whilst trying to see if they would exclude painting various black bits for £400. So that I have it back and my wife gets the car back. And add it to the personal injury claim (which I have been told I can do).
Or does paying it off myself look in any way as if I'm at fault. Which I don't feel I am. If I lose and still have to pay out it'll suck having waited, yet if I win I'll get most of the money back and the pay out for the broken foot. The other thing, if I do pay out then there is only one company fighting my case instead of the current two. And when I say my case, read lining their pockets.


Any comments welcomed. This really is doing my head in now.
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Old 16-09-15, 02:25 PM   #55
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Default Re: Joined the T Bone Club.

Sorry you are having such a nightmare mate.
I work in insurance so I might be able to help a little.


What contract have you signed with 4D? 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.


I don't see how you are liable for storage, all costs are recovered from the third party (car drivers insurance company)


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.


next steps:


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.
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.
3) Ask bennttes if they have logged your injury with any sols yet as you are intending to purse the third party for injury damages, time off work and other expenses.


I don't know why they aren't helping you, insurance companies make money when their insured have a non fault accident. 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 (as long as what you have said is correct )


Hope that helps a bit.
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Old 16-09-15, 02:43 PM   #56
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Default Re: Joined the T Bone Club.

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Originally Posted by pencil shavings View Post
I have no concerns you are non fault (as long as what you have said is correct )
Except when the at fault driver is a lying twunt.
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Old 16-09-15, 02:52 PM   #57
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Default Re: Joined the T Bone Club.

yep.


I didn't hit him in the rear, he reversed into me. Wonderful!
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Old 16-09-15, 05:01 PM   #58
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Default Re: Joined the T Bone Club.

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Originally Posted by pencil shavings View Post
Sorry you are having such a nightmare mate.
I work in insurance so I might be able to help a little.
I'm sure the following advice was given in good faith but it's off the mark.

Quote:
Originally Posted by pencil shavings View Post
What contract have you signed with 4D?
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.

Quote:
Originally Posted by pencil shavings View Post
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.
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 View Post
I don't see how you are liable for storage
Because he's signed an agreement that says he is responsible? Maybe. We don't know.

Quote:
Originally Posted by pencil shavings View Post
all costs are recovered from the third party (car drivers insurance company)
What if they disagree and won't pay?

Quote:
Originally Posted by pencil shavings View Post
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.
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.

Quote:
Originally Posted by pencil shavings View Post
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.
They don't need to repair his bike. He's TPF&T.

Quote:
Originally Posted by pencil shavings View Post
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.
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.

Quote:
Originally Posted by pencil shavings View Post
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
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.
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Old 17-09-15, 06:22 AM   #59
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Default Re: Joined the T Bone Club.

pencil shavings, Thank you for the reply.


TamSV, would you mind if I PM'd you extracts from what I have signed for guidance on how shafted I may be?
If it's ok, I'll look through it all tomorrow, todays my birthday and I'd rather not think about this nightmare today.
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Old 17-09-15, 09:59 AM   #60
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Default Re: Joined the T Bone Club.

No problem.

Happy Birthday.
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