Accident Insurance claim help

bikeav8or

After being knocked off in Sept09 I have been in contact with the drivers insurer.
He has admitted liability to the attending police but has not sent in an incident form to his insurer the only contact he has had with them is through the insurers investigator who they used after he refused to answer any calls or letters.

The insurer has now asked me to fill in a Assignment and Agreement form so they can process my claim and then claim my payout back from the driver.


Has anyone got any experience of this before and would you have any advice.

I've not yet really spoke to a lawyers but my have to now?

Cheers

pdstsp

If it is the driver's insurer it is in their best interests to get to you before you take legal advice as you may settle for a lower figure tha the legal eagles will. If you were injured and/or suffered any financial loss and damage to the bike and kit then you should seek legal advice to ensure you get the best outcome. If in doubt see your solicitor - most will do this on a no win no fee basis and given that the driver has admiited liability the winning is not an isue.

Paul

dag_on_a_bike

This is the sort of situation insurers try all the time and they're really doing no-one but themselves a favour.

They will inevitably try & get you to settle for an amount less than might be reasonable but its really not possible for me to comment specifically without much more details.

What happened? WHat's you loss? Injury? etc.

The use of an assignment & agreement form is not that unusual but also not always appropriate.

The general advice, and I have said this here many times before, as have others, speak to a solicitor and get some impartial advice. There's plenty advertising in the real of C+/CW etc.

I will always seek to advise my clients what is best for them. So should any solicitor. They are always under a duty to act in their clients' best interests (but still expect to make something out of it)

bikeav8or

Thanks chaps,

the complication here was a total lack of communication from the driver to his insurer AT ANY TIME . Although he's admitted liability I feel he must be hiding something. Why else would he not contact his insurance? Unless of course he cant read.

My injuries were grazing bruising and a back joint sprain injury that was bad for about 10 weeks and still wakes me now 5 months later. Financial loss due bike, clothing, physio, earnings etc about £3000. I also have an amount in my head for injury compo but it's hard to find any guidance.

Was just hoping someone else had been in the same situation before??

Aggieboy

I've been through it before accident wise but saw a solicitor straight away. Any reason you didn't? I was supplied with a list of local solicitors and it was all sorted out for me on a 'no win, no fee' basis.

dag_on_a_bike

bikeav8or wrote:

Thanks chaps,

the complication here was a total lack of communication from the driver to his insurer AT ANY TIME . Although he's admitted liability I feel he must be hiding something. Why else would he not contact his insurance? Unless of course he cant read.

My injuries were grazing bruising and a back joint sprain injury that was bad for about 10 weeks and still wakes me now 5 months later. Financial loss due bike, clothing, physio, earnings etc about £3000. I also have an amount in my head for injury compo but it's hard to find any guidance.

Was just hoping someone else had been in the same situation before??

Whether he's hiding something from his insurers should not really be your concern. That's for him & his insurers to resolve. There could be dozens of reasons and some might even be plausible.

As far as liability is concerned, an expression of an admission does not automatically mean he was responsible. That will be determined by the event itself but again I wouldn't worry about that at this time.

If you already have losses of about £3000 then this is something you really need to get some formal advice on. Unless of course you don't need the money.

As for compensation, it's almost impossible to say what you might get without a lot more details about the injury, and ideally a medical report (again this isn't your worry - your solicitor will sort that out.

What figure did you have in mind?

There are plenty of websites that will suggest a figure for your injures but most are totally misleading. Speak to a solicitor and give a bit more details and they should be able to give a better indication.