Claiming on a motorist's insurance after accident

Ok, I searched for this but I cannot find anything whatsoever - we have a lot of stuff about insuring our bikes against theft, but not claiming on someone else's insurance after an accident. Apologies if I missed something glaringly obvious.

If someone can please help me with this, I would be much obliged. Basically, I got knocked off my bike last week by a motorcyclist. The police were involved (I have what i think is an incident number consisting of 3 letters, 4 digits) and I have the driver's details (name, address, reg, telephone number) and that of a witness, which the driver gave me.

How do I go about claiming on his insurance for the destruction of my bike, exactly? Does anyone have any experience of this?

Do I contact him directly and ask for his insurers' details, and then write the insurers a letter explaining the situation? Or does this all have to be done via solicitor?

Thanks people.

Oh shit. Hope you're OK.

I think that if you have all that, you can go straight to the insurers. I believe that it's only when there's a question over blame that you need to involved solicitors.

Although I'm no expert. Sorry not to be any more use.

Mate hope you're all ok?

Sux balls, happened to me a few months back. My bike was covered under my house contents insurance, so I claimed from that, they provided cost of new bike, damaged clothing etc, but I had to pay my excess (like £200!!!)

However, as it wasn't my fault and the driver didn't dispute, my insurance pursued her insurance firm to pay back that excess....not come through just yet, but when it does I'll get another cheque for the £200 excess refund from my insurance company.

The nnoying thing though is I'm trying to recover the additional costs (e.g. public transport travel to work, cost of getting bike back via cab etc), but that might need a solicitor as my insurance company won't cover it...

Hope that helps somewhat mate?

It's a bit of a sore point, but my mum basically had to pay up through her insurance company after a kid rode his bike into her car. Who was at fault was debated, but apparently the insurance company decided there was no point in taking it anywhere because which court would believe a motorist against a 14 year old cyclist?

Basically, they sent a letter to my mum outlining their predicament, ie you broke our son's bike now give us money or give us insurance details. My mum sent them the insurance details, they rang up the insurance company, insurance company rang up my mum and they discussed the claim. It was decided there was no point in contesting blame as it was not in their best interest (note, not in my mum's best interest, but in the insurance company's best interest). After that all we heard about it was a letter saying the case is now closed, we paid out £500 on your behalf. Which was a fucking joke because it was a shitty Halfords £100 bike so they either blagged the bike (very likely), or they claimed psychological damages etc etc, loss of education blad de blah... (also likely).

This might help I hope - when I had a run-in with a driver, he gave me all his details, and I phoned up his insurance company and told them the score (he had also called them to tell them, but it wasn't strictly necessary).
I sent them a quote from a bike repair place telling them how much I wanted, and they spoke to the driver and he confirmed that it was his fault, and that he wanted them to pay me.
They then went and thought about it for 2 months and eventually gave me a cheque for the amount I wanted. Easy in principle.

I don't quite know what you'd do if you wanted to get compensation other than for bicycle repairs/replacement, or if the driver won't give you their insurance details, I suppose that's where the coppers come into it.

Sorry, I missed the point entirely. You have all the details necessary, you ring the insurance company. No will do it on your behalf. The dude you're claiming off will be notified of proceedings by the insurance company. No need to contact him unless you want to be amicable about it and keep him in the loop.

http://www.lcc.org.uk/index.asp?PageID=403

looks like it has some good info baby x

Do I contact him directly and ask for his insurers' details.

If the claim is amicable, i.e the driver isn't contesting then yes. You will then ask the insurer for a claim form, fill them in and take it from there.

You should check if you have insurance through anyone else though (LCC, CTC, BC etc) as they will be able to argue on his behalf. If not then get some assistance filling in the claim form. A nice objective view of the claim that can consider the ramifications will be very useful. If not a legal professional, then a friend with some legal savvy.

vic, we need to check our home insurance, it might have a public liability section that covers. google says that might be in our agreement and if so our insurer might handle it for you.

Oh dear, I've just realised I fucked up even more. Yeah you need to ring him or write a letter requesting the insurance details. Don't let him fob you off with, "Don't worry, I'll ring them."

You claim against him not his insurers. He may chose to pass the claim to his insurers but that is his affair.

You may wish to go to a no win no fee solicitor. Look in Cycling Weekly for adverts.

If not:

First, write to him providing details of your claim.

Secondly, if he fails to pay, commence proceedings. Ask a Citizens Advice Bureau to help you.

Not quite there cliveo. The insurance company is likely to want direct input, answering their specific questions. If the claim is simple enough and doesn't include an injury element there is precious little benefit in involving a lawyer/CAB rep until the claim has been refused.

Obvs if the driver doesn't want a massive hike in his premiums for many years and wants to do it out of their own pocket then go right ahead, although you really should get this commitment in writing. Email counts as writing.

In law, the driver is liable to you. Claim against him. You have no claim against his insurer except by reason of the Third Party Rights Against Insurers Act which you can peruse at your leisure.

In practice, the insurer will want to control the case but you don't have to have the driver tell you who his insurer is. Sue the driver and the insurer will emerge.

...and before you ask, Seldom Killer, the Third Party (Rights Againt Insrers) Act 1930 only operates where the tortfeasor has become insolvent.

Ok thanks folks, I don't already have his insurers' details, so I will do that.

Interesting about the house insurance thing: I do think that's a cop-out, but if he contests it, it will be ages. So this could be good, if nothing else works, and I might actually go for the low stress option. I'm not interested in compensation for injuries, only for my bike, so an insurance pay-out from either him or our own insurers is the way forward I think. (My bike is not insured on anything other than the house isurance...)

I haven't even got my letter from the Collisions Section yet so I don't know where (or even if)blame has been apportioned, but it sounds a hell of a lot easier to claim off our own house insurance than the driver's.

I phoned the Collisions Unit today and they knew who I was but hadn't yet logged my CAD number (they are still logging accidents from 4 December, mine was on 8 December but hopefully it will be put on the system by the end of this week) and turned it into a case - they also said that I can write to them and request the driver's insurance details directly.

You don't have to but, in my experience, its easier. If the claim isn't hostile (i.e. the driver is objecting and doesn't want to give out information) you'll end up with a shiny new bike that much quicker. Your typical driver doesn't know how to handle a claim for damage and there is a possibility that they'll fuck up and knacker the claim. Doesn't seem worth the risk if you don't have to.

good stuff, but i think we need to:

1. get the bust frame valued
   
2. write to guy saying the bike cost £x and you'd like that back please
   
   

so he could pay or go through his insurance. if not you get his insurance details and put the claim to them directly.

Claiming on the driver's insurance is the way forward (especially if he doesn't contest it)
One of the reasons he has insurance in the first place is to pay for other peoples property that he might trash i.e. your bike

Much easier to just ask the driver for the insurance company details, phone them and then get them moving. You'll just get asked to detail what happened in a letter and then you'll get a claims form to fill out to go with it.
If they then contest it, you will have to get a solicitor to follow it up.

I did all this many years ago, things may have changed, but I doubt it.
You will need the Police reference number and the names, addresses etc. of any witnesses. It's also useful to have a photo/description and drawing of the accident site, showing where you were, where he was, where the witnesses were.

Get the bike down to a decent bike shop, get a quotation for the replacement of all damaged parts, don't forget to include labour. If there's any doubt, claim for replacement of everything even slightly affected. Always claim for the frame and fork. I have lost count of the number of posts I have seen where someone has settled an insurance claim only the to clean the bike 3 months later and find a crack at the bottom bracket or a twisted head tube or something equally depressing.

You don't have to but, in my experience, its easier. If the claim isn't hostile (i.e. the driver is objecting and doesn't want to give out information) you'll end up with a shiny new bike that much quicker. Your typical driver doesn't know how to handle a claim for damage and there is a possibility that they'll fuck up and knacker the claim. Doesn't seem worth the risk if you don't have to.

Sorry, which is easier? Claiming on the house insurance?

i'm with seldom, richard and alex here, but step 1 is still get the damage valued. :)

Ok thanks folks, I don't already have his insurers' details, so I will do that.

Interesting about the house insurance thing: I do think that's a cop-out, but if he contests it, it will be ages. So this could be good, if nothing else works, and I might actually go for the low stress option. I'm not interested in compensation for injuries, only for my bike, so an insurance pay-out from either him or our own insurers is the way forward I think. (My bike is not insured on anything other than the house isurance...)

Don't touch your house insurance. It will drive your premiums through the roof when you come to renew, they might also decide to exclude the bike at renewal time. If they do that, then they'll make a note of it and you will have to declare it to every other insurance company you approach. If you don't and you claim later, they'll just say "Aha, but you didn't tell us you've been refused insirance before...." and you'll get nothing.

i'm with seldom, richard and alex here, but step 1 is still get the damage valued. :)

Too right. And there's no harm in getting a generous quote if possible, as this is going to waste a lot of your time, as I'm sure you're already aware.

If you claim off his insurance it's win-win for everyone but the driver - the insurance company will put up his premiums for a few years, making back way more than they'll ever give you, so even though they act like they won't want to give you any money, they know they're onto a winner

Ok, no to house insurance. Got that. Get trashed bike valued. Do that soon. Ask for insurers details.

Thanks everyone, that helps a lot.

Sorry, which is easier? Claiming on the house insurance?

Easier to claim through the drivers insurance direct than the driver, who probably won't have a clue what to do with a claim. Your home contents will be easier still as you are effectively paying them to help you. Although mind your own premiums. You might have a premium protection plan, particularly if they can claim back of the drivers insurance (they'll probably want to).