Cycle Insurer tries to dodge payout and £150 for an accident report

[ajc]

I was recently taken out by a young driver and have been off work for the past 5 weeks with various broken bones which are mending ok. Collar bone continue to cause me probs but I'm sure it will get there. Piccies of the bike are in the photo gallery under "broken Ridley".

Anyway, all of my bikes are insured so I got a form to fill in which I did and sent it off. Got a call saying I could have vouchers or buy the bike and get a cheque off the insurer. This has now changed to, please use your solicitor to recover the cost of the bike and let him liase with us, which to me seems a bit of a dodge. The bike insurers always make it sound simple, anything broken, stolen etc and we will replace it, etc.....

Going thru my CTC solicitor could take months

The other pain is that after my accident I was unconcious and was whizzed off to hospital . The policeman who came to see me said there were witnesses but didn't tell me who they were.

I've just rung the "collisions department" who are looking at the accident report and are still debating whether to prosecute or send the driver on an improvement course or let him off. I've been told that my solictor will have to request the report when its finished but it will cost me £150.

£150 for something which was not my fault. Being unconscious and having multiple fractures is obviously no excuse for not getting your own witness statements.

So just be careful when you take out Cycle Insurance, its never that simple.

 

[Arch]

Isn't it the CPS or the police who decide whether someone is charged or let off, not the insurers? What does the matter of whether he is charged have to do with processing your claim - you'll have a crime number I assume, or something like that and whether he gets charged doesn't affect you right to a claim surely? £150 for a report like this sounds dubious to me...

If in doubt, go though the CTC solicitors, from what I've heard. If it takes time, it takes time - better than get shafted and charged for odd stuff...

 

[Tynan]

sounds completely out of order, they recover the money for you, why else have insurance if you end up recovering the money yourself

name and shame

 

[Perry]

Doesn't sound too good. When my bike was written off I had to pay the Excess of £15, that cheesed me off. Seems like your insurer is adding insult to injury.

However, Direct Line were really good.

Wish ya well.

 

[Tynan]

you don't pay an excess when you're the innocent party surely?

you're not claiming on your insurance at all if the other party is proved to be at fault surely?

 

[ajc]

OK, well, I'm using Cyclecover, so I was basically expecting them to pay me and then they claim off his insurance. However, it seems that they would prefer my solicitor to claim for everything (which I presume means they won't have to pay). What they did say was that I would have to re-insure my bikes again because the old policy would be dead due to one bike no longer existing.

As you say Arch, it will probably be better to use the solicitor in the long run then I can keep it all together !

Looking at the notes from the Police, they use a Central Process Bureau who deal with collisions (Collisions department) to determine what should happen next with prosecutions. These people create the traffic report which you can then have for £150, you get a crime number for the original accident but that then morphs into the Accident Report Reference, which no longer ties into the original crime number but can be referenced by the car reg of the guy who hit me. Go figure that one.

And they won't give you names and addresses over the phone (understandably), so I will have to pay to get the police view of the RTA.

As it was a clear open road, I was in the primary position, there was only me travelling in my direction and he came across me then I am assuming its his fault, I can't think of any reason why he shouldn't get some sort of smack on the hand !

 

[TwickenhamCyclist]

Ask (in writing) to look at the report under the freedom of information act – IIRC all government bodies that hold info about you or pretty much anything else, are obliged to get it to you FOR COST (ie postage / photocopying etc) and cannot charge unless it would cost them hundreds of pounds to provide that information – there are obviously times when, for security or privacy reasons, they won’t divulge info, but seeing as this is about you it’s worth a try – It worked for me in the past (although not from the police – but from Westminster council)

 

[Perry]

you don't pay an excess when you're the innocent party surely?

you're not claiming on your insurance at all if the other party is proved to be at fault surely?

That's just what I thought but Direct Line didn't seem bothered about who's fault. After I took the bike to Halfords for them to assess the damage, they faxed over the details then the next day I was given the voucher for a new bike.

For the Excess I have been given a claims form for my expenses and injuries.

Thay also said that they would do all the chasing to claim back of the milk float company

 

[malkie]

OK, well, I'm using Cyclecover, so I was basically expecting them to pay me and then they claim off his insurance. However, it seems that they would prefer my solicitor to claim for everything (which I presume means they won't have to pay). What they did say was that I would have to re-insure my bikes again because the old policy would be dead due to one bike no longer existing.

They are trying it on . You have a contract with them to pay out for the bike .. you can make them do so if you wish . If you do that they can cancel the policy as it has done its job . They do have the legal right to assume your right to claim the cost from the drivers insurance in this case.

Or you could claim it all directly from the drivers insurance in which case they should allow you to do a change of bikes on the policy ... you haven`t claimed on your policy in this case , why should you lose the rest of the year ? Or were they planning on giving you a partial refund ?

Either way it should be your call.There are pro`s and cons both ways.


And they won't give you names and addresses over the phone (understandably), so I will have to pay to get the police view of the RTA.

Certainly when it is 2 motor vehicles involved I know you are entitled to the name , address and insurance details as these are supposed to be exchanged at the scene. You don`t have to buy the full accident report.
Writing to them should work.

Did 6 years in claims recovery at an insurance brokers .... never again

 

[Slim]

Do you think it would help if they (the insurers) knew they were being slagged off in a cycling forum?

FWIW - the insurers (Butterworth Insurance Services) seem to go for cycle insurance in a big way. If they thought the word was going around about the lack of customer service, they may just perk up a bit.


Just a thought.

 

[Will1985]

If solicitors are involved, can't they put the £150 in the claim so you recover it eventually (assuming the case ever gets moving)?

 

[ajc]

Malkie, thanks for the advice, I was going to see my solicitor in early August when he's back off his hols so I thought I'd wait for his thoughts on the matter. You info with my policy will be something that I'll put to them.

Slim, to be fair to Butterworth, they pass it on to underwriters who then sort the claim out. Butterworths themselves have be very good, its the underwriters who seem a little slow in getting their hand in their pocket.

What's been the problem for me is the reluctance of the underwriter to pay out, they had said they would usually give vouchers for Evans Cycles (something even Butterworth don't advertise) or you buy the bike and send then the receipt and they will re-imburse you. Its the small print which catches you out !

I was under the impression (and i may be wrong) that if I had an accident or the bike was stolen (under their rules) then they would replace my bike ( like for like). However, I'll see what my solicitor says, as always , insurance companies are happy to take the money but paying out is a whole new business and this one is supposed to be on my side Can't wait to get to grips with the drivers insurance company !

I do like the thought of getting a cheque from the drivers company then walking into the LBS and saying "what have you got ?"

TC thanks for your thoughts on the matter, writing is worth a try.

Will, yes, I guess if the driver is proved negliable (which he really should be) then anything I've spent will be recouped. But these sods will try to wriggle out of it !

I'm presuming that the underwriters may think its easier for me to claim directly via my solicitor to recover all costs being as it wasn't my fault, so one claim rather than two go in for the same thing accident.

I'll let you know !

 

[Maz]

Piccies of the bike are in the photo gallery under "broken Ridley".

Just seen the pix. What a mess that bike is. Get well soon, man.

 

[GrahamG]

I'm with User here - don't waste time putting up with the poor service you're getting at the moment, get the CTC guys to deal with it properly otherwise you will not only end up out of pocket but you will regret tolerating such a bitter experience. Withdraw your claim with cyclecover and get a refund on your policy as they're obviously a waste of space.

 

[srw]

It doesn't sound as if you've been treated too badly. Until someone has worked out who has civil liability for the claim (which is ultimately a matter for the courts, if agreement can't be reached between the parties involved) no-one knows who should pay up. And no-one will even try to work out who has civil liability until someone in the CPS has decided whether there's enough evidence to establish criminal responsibility (which is a stronger standard of evidence). If there's criminal responsibility the civils will follow.

And from memory you're allowed to join the CTC and get their legal advice retrospectively.