Dealing with the third party insurer ?

Geistguy

Geistguy

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Out on my bike Tuesday and got "rear ended" by a Ford Kuga, no question about faulty and his insurers admitted liability by phone and email. Looks like my Triumph Explorer is a total loss, my helmet and trousers are ruined as well. I have suffered minor injuries to my ankle and wrist which were dealt with at A&E. No lasting damage expected.

Direct Line have offered to deal with me directly for costs and compensation. No fees apply but I expect they will want to settle as cheaply as possible. They are offering a replacement hire bike (don't really need one) and an "inducement " of £150.

I have also approached a specialist motorcycle law firm on a "no win no fee" basis. If they win ( no problem due to admittance) they cap their costs at 10% of the claim. I expect the total claim to be no more than 7k so potentially a £700 fee.

Has anyone been in this position or have knowledge or advice ?

Thanks for reading.
 
Do you not have legal cover on your policy? If you have let their solicitors do it for free, we did after an accident in austria and they fought and won our case(y)
 
Usually you have to deal with their insurer via your insurer. Often that means your insurer gets funny about no claims etc. Your insurers will need to know anyway as they will have to assess the bike. I would use them myself.

See what Direct Line offer. If not good enough and your insurers are not helpful then maybe use the lawyers but they are there to collect fees. If DL are sensible they'll settle properly and cut out a whole load of fees.
 
WESTY66 said:
Do you not have legal cover on your policy? If you have let their solicitors do it for free, we did after an accident in austria and they fought and won our case(y)
Click to expand...
Sorry should have been more clear, by their insurers I was in fact referring to your insurers, let them take up the case via their solicitors, worked out great for us.

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Be careful how you notify your own insurers, as it could affect your NCB.

The policy probably requires you to notify your insurers of any accident. They may send you a 'Claim Form' as this is the only form they have to collect details of the accident. Filling that in could lose you the NCB, even if you recover in total from the other TP Insurers.

Cross out the word 'Claim' on the form and write across the top that the information is not a claim and is only for the purpose of reporting an accident as per Policy Clause (XXX). Double up with a covering letter stating the same, keep copies.

If you have legal cover on your policy use it, but first check that using it does not affect your NCB. Otherwise put in claim in full to Direct Line, reserving your rights to claim for any injuries not yet revealed, wait for offer from them. If far from sufficient go the no fee route - a Solicitor's Letter, including a demand to cover their costs, usually speeds things up. If not the Solicitor issuing a Writ is more persuasive, because DL will be in for Defence and Court Costs as well.

Keep is informed.

Geoff
 
I think all insurers demand to know of ANY accidents whether at fault or not, and any claim submitted to DL whether via your insurance or from the OP direct will go on a database regardless.
 
10 days ago my car got hit by a.n.other driver, my car was stationary and the damage was fairly minor (creased rear wing, rear wheel pushed out 20 degrees) but the car was old and not worth a lot so an obvious case of “write off” about to occur.

I phoned my insurers to sort out claim and recovery, my insurers suggested skipping the reporting and claim bit and just go straight to their recovery department to sort the immediate problem out. Truck turned up 90 mins later and took the poorly beasty away.

2 hours later I got a call from the third parties insurer (Direct line), they wanted to deal with everything (and admitted liability), I agreed and had a hire car on my drive an hour later. Next day the car was collected from the storage yard by Direct Line, next day I got an offer to settle (write off).....Car was worth £1500 in my mind, I was prepared for the inevitable fight about value so had a stack of adverts ready all “proving” my car was worth £1900 (well, rude not to really), trouble is they offered £2,000 and I had to bluff/bluster my way to £2,200.

Utterly painless, they also advised that I tell my insurer about the accident using the words “information only”, I’m with CO-OP and they confirmed that an information only claim attracted zero attention on the file!

Jobs a good un! (Other than having to look for a new Barge! Anyone selling a Lexus LS460? :-))

Regards

Jim
 
Happy Jim said:
10 days ago my car got hit by a.n.other driver, my car was stationary and the damage was fairly minor (creased rear wing, rear wheel pushed out 20 degrees) but the car was old and not worth a lot so an obvious case of “write off” about to occur.

I phoned my insurers to sort out claim and recovery, my insurers suggested skipping the reporting and claim bit and just go straight to their recovery department to sort the immediate problem out. Truck turned up 90 mins later and took the poorly beasty away.

2 hours later I got a call from the third parties insurer (Direct line), they wanted to deal with everything (and admitted liability), I agreed and had a hire car on my drive an hour later. Next day the car was collected from the storage yard by Direct Line, next day I got an offer to settle (write off).....Car was worth £1500 in my mind, I was prepared for the inevitable fight about value so had a stack of adverts ready all “proving” my car was worth £1900 (well, rude not to really), trouble is they offered £2,000 and I had to bluff/bluster my way to £2,200.

Utterly painless, they also advised that I tell my insurer about the accident using the words “information only”, I’m with CO-OP and they confirmed that an information only claim attracted zero attention on the file!

Jobs a good un! (Other than having to look for a new Barge! Anyone selling a Lexus LS460? :))

Regards

Jim
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Not a Lexus but I do have a Merc c200 avant-garde estate, 55 plate, 134,000 miles, diesel auto. mot till Jan 2020, new rear tyres September last year, not done 1000 miles since.
Asking £2400.

D.
 
Thanks everyone for your advice.

I don't have legal protection I'm afraid but have decided to appoint Motorcycle Law Scotland who are specialist solicitors for motorcycle claims, I thought this the best route due to my injury. My decision was also based on lack of single contact at Direct Line - 4 calls = 4 different agents. Frustrating having to keep going through the same stuff over and over.

I notified my insurers on an " Information only" basis.

I will post results when known.

Thanks again folks.

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Geistguy said:
Thanks everyone for your advice.

I don't have legal protection I'm afraid but have decided to appoint Motorcycle Law Scotland who are specialist solicitors for motorcycle claims, I thought this the best route due to my injury. My decision was also based on lack of single contact at Direct Line - 4 calls = 4 different agents. Frustrating having to keep going through the same stuff over and over.

I notified my insurers on an " Information only" basis.

I will post results when known.

Thanks again folks.
Click to expand...

Thanks for reporting back. I think you have got it in hand.

Using a law firm should get it referred to DL Legal Dept. so more likely to get a point of contact.

Geoff
 
dave newell lvs said:
Not a Lexus but I do have a Merc c200 avant-garde estate, 55 plate, 134,000 miles, diesel auto. mot till Jan 2020, new rear tyres September last year, not done 1000 miles since.
Asking £2400.

D.
Click to expand...
Thanks Dave - I’ll pass though, gone Petrol a while back (less the Van!)
Rgds
Jim
 
Geistguy said:
Out on my bike Tuesday and got "rear ended" by a Ford Kuga, no question about faulty and his insurers admitted liability by phone and email. Looks like my Triumph Explorer is a total loss, my helmet and trousers are ruined as well. I have suffered minor injuries to my ankle and wrist which were dealt with at A&E. No lasting damage expected.

Direct Line have offered to deal with me directly for costs and compensation. No fees apply but I expect they will want to settle as cheaply as possible. They are offering a replacement hire bike (don't really need one) and an "inducement " of £150.

I have also approached a specialist motorcycle law firm on a "no win no fee" basis. If they win ( no problem due to admittance) they cap their costs at 10% of the claim. I expect the total claim to be no more than 7k so potentially a £700 fee.

Has anyone been in this position or have knowledge or advice ?

Thanks for reading.
Click to expand...
bigtwin said:
Try these:

White Dalton - 08007836191, www.whitedalton.co.uk
Andrew Campbell - Bikelawyer, 01446 794169, www.bikelawyer.co.uk
Lampkin & Co Solicitors, www.lampkins.co.uk

they all specialise in motorcycles/motorcyclist claims.

Ian
Click to expand...
Ian beat me to it.
White Dalton have been dealing with all legal things bike for donkeys years..
They considered to be about the best out there

One thing..... No matter what you will be told, the accident WILL affect your premium even though it was obviously not your fault.. it gets worse.. Although it has been accepted by both the legal lot and insurance companies as happening, it has also been ruled that such increase in premium cannot be claimed for as it is not possible ( legal bods words not mine ) to predict future rises in insurance premiums....... Personally I think that stinks
 
A proper solicitor will get you every penny you deserve. Then claim their costs from the third party.

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Happy Jim said:
10 days ago my car got hit by a.n.other driver, my car was stationary and the damage was fairly minor (creased rear wing, rear wheel pushed out 20 degrees) but the car was old and not worth a lot so an obvious case of “write off” about to occur.

I phoned my insurers to sort out claim and recovery, my insurers suggested skipping the reporting and claim bit and just go straight to their recovery department to sort the immediate problem out. Truck turned up 90 mins later and took the poorly beasty away.

2 hours later I got a call from the third parties insurer (Direct line), they wanted to deal with everything (and admitted liability), I agreed and had a hire car on my drive an hour later. Next day the car was collected from the storage yard by Direct Line, next day I got an offer to settle (write off).....Car was worth £1500 in my mind, I was prepared for the inevitable fight about value so had a stack of adverts ready all “proving” my car was worth £1900 (well, rude not to really), trouble is they offered £2,000 and I had to bluff/bluster my way to £2,200.

Utterly painless, they also advised that I tell my insurer about the accident using the words “information only”, I’m with CO-OP and they confirmed that an information only claim attracted zero attention on the file!

Jobs a good un! (Other than having to look for a new Barge! Anyone selling a Lexus LS460? :))

Regards

Jim
Click to expand...
So you conned £700 out of the insurance company? Dodgy claims like that push up everybody's premiums.
 
Yorick said:
So you conned £700 out of the insurance company? Dodgy claims like that push up everybody's premiums.
Click to expand...

You misunderstand. What I think my car is worth is irrelevant in a discussion with the insurance company, it is entirely what they think they can get away with paying me - they were happy to up their initial offer by £200 after a sort conversation with me.

Had I dealt with an Accident Management company then they would have charged Direct Line ~£700 PER DAY for a hire car, that is what pushes premiums up (using My example above of letting the third party insurer deal with everything then the hire car cost Direct Line £24 per day).

Jim
 
A short update ;-

I am so glad that Motorcyclelawscotland are acting for me, they are extremely efficient and respond to any queries immediately, the cars insurers,Direct Line, are being a bit cheeky with offers for my Triumph Explorer, helmet and trousers but have been told in no uncertain terms to go away and rethink. An independant engineer appointed by my solicitor gave a good valuation, more than expected.

Direct Line are sending an interim payment for 75% of the estimated total as requested by my solicitor while the balance and personal injury are agreed.

So to return to my original post, appointing Motorcyclelawscotland was, for me, a good decision.
 
In respect of previous threads re insurance. Policy due in June, went on to a well known comparison site, firstly did a quote without the accident then with. Happy to say quotations, terms and conditions for both are identical.

I've no comparison to last years premium as that policy was for two bikes, this year just for my Africa Twin. Fully comp with protected bonus for a 74 year old, a 9,000 mileage limit = £ 102.

So it doesn't appear the accident has affected the premium.
 
At last an update ! At long last Motorcycle Law Scotland have browbeaten Direct Line ( the 3rd party insurer) into paying my claim in full, the delay was over the personal injury compensation. Motorcycle Law Scotland negotiated a very good total loss value for my bike, helmet and trousers.

My original post was " is it worth using a claims service " , I have to say a big YES, without the expertise and skills of my solicitor I would have been much worse off. I have no connection at all with Motorcycle Law Scotland at all except to be a very satisfied client.

In an earlier post I did say that my motorcycle premium was unaffected, however, I had to pay £20 extra on both my wife's and my own car policy, my motorhome policy was not affected. Direct Line did pay me back for these charges.

Thanks to everyone who has responded to my post, sorry for the delay in updating.

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Yorick said:
A proper solicitor will get you every penny you deserve. Then claim their costs from the third party.
Click to expand...

Not any more unfortunately, or not in England and Wales anyway.

For what are considered minor claims (less than £25k) there are fixed costs which are very low. So low in fact that no solicitor can do the work for the fee which is why they now take a percentage of the damages.

The situation you describe came to an end (I think) in July 2013 0r 2014.
 
I should have perhaps said this earlier but Motorcycle Law Scotland do charge a fee based on a successful result, this is limited to 10% of the claim but excludes damaged items ie bike, jacket, helmet etc. Medical consultation fees are also excluded.

In my opinion I received far in excess of their modest fee compared to dealing with the claim myself.
 

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