What to do following an accident

PeteinSQ

A colleague of mine had an accident yesterday, she was hit by a van and her bike got damaged. I don't know any of the details of the accident but she wants to know how she can claim on insurance.

Can she claim on the driver's insurance assuming she got his details? If not can she claim on the household insurance under which her bike is apparently covered?

What else does she need to do? I told her to take the bike to a shop to get an estimate on how much the repairs will cost but other than that I wasn't very helpful.

Random Vince

getting a valuation of how much the bike is going to cost to repair or replace is a good start,

if she's got the insurance details then she's going to have a bit of a slog to deal with the van's insurance - they often only deal with other insurance companies making a claim (most people would say to join the CtC for help with this) its sometimes, depending on the damage easier to just say to the driver "it'll cost this much, are you willing to pay?" but most people assume bikes cost about £200 max.

her house insurance will proberbly only cover it against theft

PeteinSQ

So would you say trying to get money out of the insurance company is the best plan? Even if it is hard work?

redddraggon

I had an accident back in October, and the guy payed out of his own pocket, but he had also told his insurance company about the accident and that it was his fault. I received a letter off his insurance about every 4 days telling me to get in touch with them to claim. I ignored the letters as the guy had paid up without hesitation.

I think if the driver has admitted liability to his/her insurance company, claiming should be straight forward. If he/she won't admit liability and you have no witnesses to the accident you might have a struggle, it'd be like getting blood out of a stone.

PeteinSQ

That sounds promising as there is a witness to the accident.

redddraggon

If its a company van, she'll need to get in touch with the company.

The key to a settlement is getting the driver to admit liability. If the driver won't admit liability, a witness still might not help.

gtvlusso

Is it worth reoprting to the Police in the 24 hour period? Or is that injury dependant?

Random Vince

might be best reporting it on the grounds that it is then on file as having happened.

alfablue

The point is the driver is liable, make the claim against him.

If he is insured, good for him, if not, well he's still liable.

If you direct your written claim to him then he can pass it on to his insurers. Ultimately you can make a small claims court claim if he drags his feet, can be done online on Moneyclaim.

I have done this, and got rapid and satisfactory settlement after the lady referred to her insurers.

Random Vince

there is little need to go through a third party for the small claims court, just go to citizens advice burro if you're unsure of how to do it.

its a simple process.

alfablue

Random Vince wrote:

there is little need to go through a third party for the small claims court, just go to citizens advice burro if you're unsure of how to do it.

its a simple process.

Yes its simple, but Moneyclaim is not a third party, it is Her Majesty's Court Service web site, so you are dealing directly with the court service. It is exactly the same as if you went down to the court to fill in forms, it costs no more, just you save yourself a trip, and it is very efficient.

Money Claim Online (MCOL) is Her Majesty's Courts Service Internet based service for claimants and defendants.

Money Claim Online is a simple, convenient and secure way of making or responding to a money claim on the internet.

ademort

Your colleague should report the accident to the police within 24hours, thats the first thing she should do.Secondly, did the driver of the vehicle admit responsibility. If you do report the accident it will then be investigated and if the driver admits responsibility then she will definitely be assured of compensation for damage to the bike,even if the driver has to stump up out of his own pocket. I have had one accident in all my cycling miles, the driver admitted responsibility and offered me a lift home. On finding out how much my bike cost he turned round the next day and said if i wanted any money he would hire a barrister and see me in court. I reported the accident to the police and when it came to court of course i won hands down. I,ve said this before and i will say it again, if you are involved in an accident and it,s definitely the other party,s falt then report it to the police. Even when somebody admits liability at the scene of an accident if you do not report it to the police then that admittance counts for nothing. As Random Vince wrote, many motorists think that most of our bikes cost £200. Its a bloody shock to a motorist when they hit somebody and find out the bike cost £2000 to £3000. Please keep us posted on how your colleague gets on and good luck. Ademort

Gussio

Agree with Ademort - moving from the driver admitting responsibility at the scene to actually getting paid is probably going to be a lot easier through formal police channels. At the very least, you have the comfort of knowing you are backed up. Took a long while for a taxi driver to cough up £75 after he hit me after pulling out on the wrong side of the road. He thought that a new wheel couldn't possibly cost more than £20....

It is important to get the driver's details at the scene. I understand that it is an offence to withold this information if you have been involved in an accident.

afelstead

What happens when they drive off, as happened to me yesterday? Pretty much got no hope of any money, despite a bent bike, broken nose and two black eyes!

The police arrived pretty sharpish and took the details, so I suppose I'll wait and see if anything comes up on CCTV.

alfablue

afelstead wrote:

What happens when they drive off, as happened to me yesterday? Pretty much got no hope of any money, despite a bent bike, broken nose and two black eyes!

The police arrived pretty sharpish and took the details, so I suppose I'll wait and see if anything comes up on CCTV.

The Motor Insurance Bureau (funded by a levy on insurance companies) settles uninsured / hit and run (where the driver is unidentified) colisions. Get to the doctors (I'm sure you have) and either use the CTC, or get a solicitor onto it. Check your houshold insurance, you may have legal cover that could fund a solicitor.

I got a £4000 settlement from the MIB for a whiplash after a travelers bus hit and run my car, costs were all covered. They don't cover damage to your car/bike though.

afelstead

Thanks for your advice. I think I will contact the MIB, plus I have insurance myself on my bike - will inform them too. I was taken by ambulance to hospital, so should have a fairly good record of incident. Will contact the CTC and see what they say as well.

Bike not too bad, bar bent levers and forks I think my face took most of the impact :roll: