sighbeans - Page 4 - SV650.org

heros · 22-04-09, 08:01 AM

yep i did have legal cover

SoulKiss · 22-04-09, 08:23 AM

Quote:

Originally Posted by heros

yep i did have legal cover

So get on the phone to them........

22-04-09, 02:20 PM

Most polices have clauses which give the insurer the right to handle claims against you however they see fit. It's so that they can settle cases that are in the grey on a "costs benfit" basis. This means that they can settle a claim against you rather than incur massive costs defending a case that could go either way.

However. Just because she has made a claim against you and your insurer has settled it does not mean that you cannot make a claim against her. You have legal cover insurance so get the details from your insurer and go from there. Without a doubt you will get something from her insurers unless there's something you haven't told us (you weren't on the back wheel or anything were you?!!)

You might also want to consider complaining using your insurers formal complaints procedure. They have a statutory duty to "treat customers fairly". If that does not yield a positive response then complain to the FOS http://www.financial-ombudsman.org.uk/. It will not cost you anything.

Let us know how you get on. This kind of thing gets my blood boiling!

23-04-09, 02:01 AM

Agree with above reply. Of course they are able to admit liability on your behalf.

I used to work in claims and I seem to recall there was a case law that covered these circumstances. Can't remember the exact % split but it definitely used to aportion part of the blame to the m/cyclist who was filtering. That was a few years back though and there may be new case laws by now.

I know an expert in the field of claims - will see if I can get the 21st century info!

23-04-09, 03:46 AM

Good luck with the case mate, hope it goes your way. Don't let it slide!! The b##ch was in the wrong!

heros · 23-04-09, 08:28 AM

rang kgm and there reply was "we are only interested in dealing with claims from the third party against your insurance and that is what we have done." so how should i put a claim against her ?

23-04-09, 08:32 AM

you should have put a claim against her straight away she should have got a penny and i would phone KGM back up saying that she shouldnt have a penny or the money because she was at fault. Tell them you have legal cover so they need to use that for a claim against her. dont stand for what they tell you. be very assertive and tell them how it will happen otherwise nothing will be done and you wont get a penny for your bike

heros · 23-04-09, 08:48 AM

i presumed i did put a claim against her! solicitors were assigned for me etc and kgm just decided they were not going to pay them

23-04-09, 08:50 AM

if you have legal cover you have paid for this so you need to find out why they arent providing the service you have paid for.

23-04-09, 08:51 AM

Have a chat with the experts mate...

http://www.whitedalton.co.uk/

22-04-09, 08:01 AM	#31
heros Member Join Date: May 2006 Posts: 239	Re: sighbeans yep i did have legal cover __________________ Old Bikes: 2002 Black Yamaha dt 125, Red Sv650 k5 (naked), Black Bandit 650 k8 (naked), gsr750, er6n, sv650a Current Bike: GSX-S750

22-04-09, 02:20 PM	#33
stuballs Guest Posts: n/a	Re: sighbeans Most polices have clauses which give the insurer the right to handle claims against you however they see fit. It's so that they can settle cases that are in the grey on a "costs benfit" basis. This means that they can settle a claim against you rather than incur massive costs defending a case that could go either way. However. Just because she has made a claim against you and your insurer has settled it does not mean that you cannot make a claim against her. You have legal cover insurance so get the details from your insurer and go from there. Without a doubt you will get something from her insurers unless there's something you haven't told us (you weren't on the back wheel or anything were you?!!) You might also want to consider complaining using your insurers formal complaints procedure. They have a statutory duty to "treat customers fairly". If that does not yield a positive response then complain to the FOS http://www.financial-ombudsman.org.uk/. It will not cost you anything. Let us know how you get on. This kind of thing gets my blood boiling!

23-04-09, 02:01 AM	#34
ryanh1418 Guest Posts: n/a	Re: sighbeans Agree with above reply. Of course they are able to admit liability on your behalf. I used to work in claims and I seem to recall there was a case law that covered these circumstances. Can't remember the exact % split but it definitely used to aportion part of the blame to the m/cyclist who was filtering. That was a few years back though and there may be new case laws by now. I know an expert in the field of claims - will see if I can get the 21st century info!

23-04-09, 03:46 AM	#35
Jamiebridges123 Guest Posts: n/a	Re: sighbeans Good luck with the case mate, hope it goes your way. Don't let it slide!! The b##ch was in the wrong!

23-04-09, 08:28 AM	#36
heros Member Join Date: May 2006 Posts: 239	Re: sighbeans rang kgm and there reply was "we are only interested in dealing with claims from the third party against your insurance and that is what we have done." so how should i put a claim against her ? __________________ Old Bikes: 2002 Black Yamaha dt 125, Red Sv650 k5 (naked), Black Bandit 650 k8 (naked), gsr750, er6n, sv650a Current Bike: GSX-S750

23-04-09, 08:32 AM	#37
chompy Guest Posts: n/a	Re: sighbeans you should have put a claim against her straight away she should have got a penny and i would phone KGM back up saying that she shouldnt have a penny or the money because she was at fault. Tell them you have legal cover so they need to use that for a claim against her. dont stand for what they tell you. be very assertive and tell them how it will happen otherwise nothing will be done and you wont get a penny for your bike

23-04-09, 08:48 AM	#38
heros Member Join Date: May 2006 Posts: 239	Re: sighbeans i presumed i did put a claim against her! solicitors were assigned for me etc and kgm just decided they were not going to pay them __________________ Old Bikes: 2002 Black Yamaha dt 125, Red Sv650 k5 (naked), Black Bandit 650 k8 (naked), gsr750, er6n, sv650a Current Bike: GSX-S750

23-04-09, 08:50 AM	#39
chompy Guest Posts: n/a	Re: sighbeans if you have legal cover you have paid for this so you need to find out why they arent providing the service you have paid for.

23-04-09, 08:51 AM	#40
fubber Guest Posts: n/a	Re: sighbeans Have a chat with the experts mate... http://www.whitedalton.co.uk/