Claiming on a motorist's insurance after accident

good thread, this is the kind of thing people need to know.

Probably should be appended to the accident thread, if such things are possible.

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).

DO NOT and I really mean this DO NOT go through your household insurer. They will accrue costs and they will pass them straight back to you.

They have nothing to do with this. My mother was in insurance and her area was household and motoring claims - I've had this drilled into me practically since birth!
You use the insurance for what you buy it for!

If you want someone to take it on for you, go for an cyclist insurance claims specialist. They will add their costs to yours and take it from the claim and pass your costs on to you. Russell Jones and Wlker (the CTC isnurance company) seem to get the best press for this.

CTC membership is worth its weight in gold in this sort of case, since you just ring their hotline number and leave it to them to sort out.

CTC membership is worth its weight in gold in this sort of case, since you just ring their hotline number and leave it to them to sort out.

+1. pay the membership fee now and hand the problem over.

I know it sounds like a stuck record, but I'd really recommend joining the CTC, least of all for all the above reasons.
There is this strange image of it being run by and for beardy old whingers, but that is a stereotype seemingly perpetuated by excessively vain middle-management MTB-riding bald men and ignorant hipsters.
They are a non-political organisation that has achieved a lot over the last hundred years in this country, not just for the benefit of geriatric tourers; their primary aim is to better the lot of their supporters, and they do it well (and it's not some old-boys club, support is neither exclusive nor expensive).
If political parties were as open and straight-up about their objectives as them I'd probably start voting again.
I'm fairly ignorant of the LCC's activities, but if they make as positive a contribution to society as the CTC I'd recommend joining them as well/instead.

+1. pay the membership fee now and hand the problem over.

I would do this (it would make my dad happy to think I am getting some kind of legal advice), but it doesn't say anything on their website about being able to join and pass on an accident claim retrospectively (ie, that occurred before I was a member).

I think the CTC website is very confusing and isn't immediately helpful when it comes to what to do after an accident. I might be being exceptionally thick here, but I have searched around the site, and it appears that they only deal with accidents on behalf of people who are already members. No?

All I can say is that I seem to remember that the CTC are not adverse to people joining up and then immediately hitting them for legal advice etc. (not like, for example, the AA who specifically state that you can't do a call out until at least 24 hours after joining).

However I could be mistaken about that - they have a forum on their website that might be worth trawling through.
You could always ring them up and ask them, I'm sure it's a question they get asked a lot, so they'll probably understand. I think it's membership(at)ctc(dot)org(dot)uk or 08447368451 - no harm in asking

Anyway, hope it all works out in the end

I know it sounds like a stuck record, but I'd really recommend joining the CTC, least of all for all the above reasons.

I'd certainly recommend joining the LCC if you ride a bike in London, and the CTC, too. I'm a member of both and should declare an interest when I recommend that. Think of one as your regional organisation and one as your national organisation.

There is this strange image of it being run by and for beardy old whingers, but that is a stereotype seemingly perpetuated by excessively vain middle-management MTB-riding bald men and ignorant hipsters.

Yes, exactly, forget all the stereotypes you may have of CTC and LCC. They don't apply. It's really strange to hear them sometimes.

They are a non-political organisation

Hm ... non-party political, yes, but not non-political. We do political campaigning all the time.

I'm fairly ignorant of the LCC's activities, but if they make as positive a contribution to society as the CTC I'd recommend joining them as well/instead.

We like to think we do. :) The web-site is at http://www.lcc.org.uk/. Have a look and see what you think. There's also always the local groups or campaigning groups to get involved in if there's an issue you feel strongly about.

I think the CTC website is very confusing and isn't immediately helpful when it comes to what to do after an accident. I might be being exceptionally thick here, but I have searched around the site, and it appears that they only deal with accidents on behalf of people who are already members. No?

There may be a technical question around when you become eligible for the third party insurance that is included in the membership, but if you become an LCC member and use the legal advice helpline for members, they'll certainly advise you regardless of when the crash occurred.

I think with the CTC site you have to log in to access many features for members but I must admit I'm not all that familiar with it. Do drop the webmaster a line if that was your experience, perhaps they can address it.

Apologies for the re-opening of the thread.
I've read this, and Roxys big one and a few more on the forum but am of the opinion there's not a lot I can do in my particular predicament. I just want to confirm that really!

Basically I was cycling back from work on Green Lanes just past Haringey Rail station on Monday the 9th Feb when I was hit by a car turning left. I was not in the centre of the road but on the left hand side between traffic and the pavement. I was knocked off and don't remember a lot for a minute or two but found myself on the side of the pavement. A fellow cyclist behind me had stopped and taken my bike off the road and propped it up next to me. He then cycled off so I didn't get his details. The driver by this time had parked and calmly walked over to me. He was very polite and concerned and asked if I needed to go to hospital. I wasn't really about to think straight and just lay in a lot of pain on the floor for about 5 minutes. The driver suggested that he give me a lift to the hospital but after a while I declined. One other pedestrian stopped but he didn't see the accident. He just saw me lying there on my own (during the time that the driver had hit me and went to park) I insisted to the pedestrian that I'd be Ok with this guy and he left. There were no other witnesses that stopped or offered details or assistance. Although I remember some people staring from the windows of the jewellers on the corner of Burgoyne road and Green Lanes that looked as though they worked there. My legs were where the majority of the pain was from as they had been trapped between the car and the bike. I was about to get into the car with the driver and have him take me to St Anns Hospital (which I was later told by a paramedic would have been useless as there's no A&E) but I had an absurd fear about the safety of my bike as I had no lock and it wouldnt fit in the car. With his help I managed to stand up and then I said "Nothing's broken. I'll be fine. Just need a hot bath and maybe I'll get tomorrow off work. I'll walk." He wasn't going to argue. Despite having read Roxys piece earlier about getting all the details of the driver I managed in the haze to avoid that peice of advice and didn't ask him anything. He did tell me where he works and recognise him from there (the gym down the road) and I could roughly describe his car. He also told me his name but I obviously wasn't paying much attention so have forgotten.
I walked home and by that time (600 yards to st anns road) was starting to really feel the pain with the adrenaline starting to wear off. I rang the bell and my housemate answered and I collapsed in the doorway. He called an ambulance which arrived 40 minutes later. They took off my brand new (now ripped to shreds) waterproof shorts and revealed a lump on my left inner thigh the size of a croquet ball... I was also unable to lift my leg from the hip. I.e. I could flex at the knee but not pick up my legs. They took me to the hospital...
The reaction of the young doctor who saw me sums it up perhaps the most aptly "Fuck me, that's massive." Way to instill confidence in a patient, doc.
They gave me some sort of painkillers - large white tablets - and I was pretty much out of it for the rest of the night. I had 7 x rays on my leg and arm with some particular concern about a break on my leg and damage to the femoral artery.
Luckily no breaks and I still had a pulse, albeit faint, in my left foot (the temperature was very cold on the left compared to the right). So at about midnight they sent me home. I spent the next day unable to move most of my body! And the day after, with the most severe pain subsiding (Despite a lot of Diclofenac) after about 6 days. I tried calling the police to report on Thursday night after I began to think straight again but was told I needed to come into the station. Seeing as I haven't been able to leave the house until today I still haven't gone in to see them yet so have no idea if the driver has reported it. What are the legal ramifications of him NOT reporting it? I'm actually back at work today (I got a taxi)(Unavoidable - TV show airing tomorrow. Needs work done.) What are the problems that come with me leaving it so late to report (10 days)?
Other issues? Bearing in mind that it was raining. I had lights on. I was to the left of traffic etc.
I haven't had a detailed look at my bike yet. The handlebars are a bit battered around. The back wheel feels like a bearing is loose. It's quite noisy to turn (Just had it serviced the previous friday) but I think the structural integrity of the whole thing is largely intact.

Wow. monster post. And I'm sure lots, if not all of it has been covered before. And I expect to get flamed for being a spack and crashing. And I expect to get lots of "Use the search". But I have. And my leg hurts. And I'm having a bit of a panic because of my basic lack of actually getting the right details at the time of the incident. So humour me.
x

Really sorry to hear about the trauma. Flaming is a regular pastime on the forum, but I suspect not for those who have gone through that.

Good luck iwth the reovery, and I am sure some of the more knowledgeable members will step up and give some informed advice.

CYOA, really sorry to hear this. Don't blame yourself too hard for not reacting right in the shock of the moment. As you know, it's well-known that that happens all the time. You were incapacitated. Rather blame the other people in attendance for not being firm enough to over-rule you and for wanting to get away. I'm afraid I don't know whether the course of events means that your options are now more limited, but I'd simply leave it to the experts, so make sure you get legal advice immediately. If you're an LCC member, there's a dedicated legal helpline run by Levene's. Good luck with clearing this up, and heal soon!

This may not turn out well for you.

You basically have no record of the name or registration of the driver and left the scene of an accident before a medical assessment. Prior to that you refused the assistance of passers by and the driver himself. On top of that they material claim would be for something that you may not be able to prove as the fault of the motorist and some soft tissue damage (this being the most likely thing that you can definitely attribute to a road traffic accident.

Without a clear at the time record of the other party, the police are unlikely to get involved as the connection to the driver could be described as tenuous at best from a legal standpoint. Furthermore, an insurance company is very likely to refuse involvement unless the driver admits involvement and liability, which there will be very little motive for him to do.

That's pretty much what I had anticipated unfortunately. The only thing I can add to that really is that the driver did say to get in touch with him. I understand there's little motive for him to oblige but he was helpful then so I think it may be worth a try speaking to him if I can get to the gym. Would the delay be seen as apathy on my part?

CYOA - sorry to hear about your accident and I wish you a speedy recovery. You should definitely contact the driver and it is probably also sensible to report it to the police just in case you decide to pursue this via a legal route in the future. As I understand it there is no time limit on doing so and if queried later you can cite your injuries as cause. Did you get photos of them? It's definitely worth doing.

I also don't think you'll get flamed. We all run this risk and one would hope that empathy is the main reaction.

@CYOA I would still go to the police and see if they can advise you in anyway and try to locate the guy at your gym. You were in shock and I'm sorry that people were not more insistent in giving out their details and helping you out. I hope you get well soon. Take care.

If you witness an accident, please make sure you stop and check that the person is ok. Insist on calling the police and an ambulance, be aware that they could go into shock and that they could be seriously hurt even though they tell you they are ok. And regardless of the outcome, give them your name and number on a piece of paper and make a note of the vehicle involved.

CYOA, sorry to hear of your accident - Yes you do have an opportunity to claim. Basically there is an organisation in the UK that provides compensation for the victims of uninsured/untraced motorists. In this case the untraced drivers agreement will apply. An insurance company will be nominated by the MIB to deal with the claim. However, you will need to report the incident to the police. You will also need to document the claim.

Sorry I'm being brief but I'm looking after my 2 year old.

Any more info then send me a message...

Hey guys, thanks for the advice and kind words.
I'll keep you posted,
Best,
Ed

So, sorry to drag this one up but I thought some of you might be interested in an update on the original situation.

The motorcyclist is contesting this, so basically we've had to leave it to the police to decided.

Police phoned me a couple weeks ago to say they probably weren't gonna prosecute him, as they had two witnesses, one who didn't see anything, and one who had gone a bit too far and said that even the green man was on for the motorcyclist's road (which would mean he ran a red after a significant delay). The police went down and timed the lights, and concluded that it was a very quick sequence and that if he ran it, it was only just red, and probably wouldn't stand up in court.

Interesting, I thought, ok, so I asked for the names of the witnesses so my personal injury solicitor could follow them up once the police file was closed - and it turns out the police haven't even heard of the witness my solicitors have been working with! So I gave them this third witness's details and the police say 'ok, we leave no stone unturned'! Now the third witness also says the motorbike ran a red, so now he is very likely going to court.

So, there you go, this is almost a happy ending - I haven't been reimbursed for the destruction of my frame yet but it seems to be getting there.

In this case I have to say the police were brilliant, but that's probably what happens if you are a girl lying in the middle of the road in rush-hour central London with tons of people around. If I had come off in the East End on a Saturday night, I'm guessing they wouldn't have given as much of a crap as they currently do.

Vic, I'm glad that you seem to be getting some joy out of the process. Goof work by your solicitor from the sound of it. Well done for hanging in there!

Sorry if this is a bit "needy", but I got spanked into over the weekend - car turned into me so don't think there's any question of liability. Police attended the scene and I have details of two willing witnesses. I have the driver's details but he seems to be blanking my requests for his insurance details. I'm insured with M&S Home Insurance and they're happy to take on the claim and the guys at BC have provided a "bike beyond repair" quotation.

From reading the above, are we saying it's best to wait for the police report (they said I can have all the driver's details from them once it's written up), then just approach the driver's insurance company directly? I guess it's easier to hand it over to my insurance company to take care of, but I don't want to f&ck up my premiums?

You said it all, approach the driver's insurance company.

don't forget to give them the police reference number.

From reading the above, are we saying it's best to wait for the police report ?

I had to wait 8 months for my police report. Things take tiiiiime.

had an accident in april which wasnt my fault, driving involved admitted fault. problem is the insurance company isnt paying for all my stuff. ive totalled up my goods to replace them all like for like at about 2700. theyve offered 1200. and dont seem to be willing to offer any more.

How can they expect me to get all the stuff that was ruined with such a small amount?

maybe the classifieds and ebay?

could you fight it in small claims court?

Bummer, I have wondered what would happen if this happened to me!
Good luck mate, feel for ya.