insurance payout
insurance payout
hi all. im after a little advice from those of you that have unfortunatly been involved in an accident.. basically several weeks ago some nice person decided to pull out on me resulting in fooked bike, fooked leg n a couple of other dislocated bits.. luckily the missus were only round the corner n got there as the ambulance did n being one of those snap happy types took pics of the scene/damage/limb.. now my solicitor is 100% that its her fault and all the evidence goes to show this but shes denying all of it.. basically lying. to try to get off with it.. now hes told me that it can take anything up to 3 years to resolve a case like this.. what i need to know is, has anyone been involved in a similer case and if so how long did it take to resolve? thanks in advance..jimmy.
Re: insurance payout
Hello mate,
Just so I'm clear, was it a woman who was driving the other vehicle? You mentioned "she" several times. Not that it really matters, I was just curious.
In terms of a compensation claim, I doubt you're looking at years to resolve it. The key thing here are witnesses. Do you have any, if not, it might be hard to prove she was liable depending on the exact circumstances.
If she was pulling onto a major road from a minor, then it is your right of way. So she is negligent. Etc etc, we need more details.
Do not be put off by an insurance company wanting to do a 50/50 claim. If it was not your fault, genuinely, do NOT accept that. Dispute it. Fire it back to the other party and ask them to justify HOW they are requesting such a settlement. Get them to forward all their evidence and reasoning.
50/50 is the easiest for insurers to deal with, and the cheapest. Be tenacious mate.
If she pulled out on you without looking, be patient, prove your case and I doubt it will take years to resolve. It is not complex enough. Her denying it is irrelevant. What is shy denying exactly?
For a real opinion, we need a few more facts. She is denying she was in the vehicle at all? That she pulled out? What? I doubt its the former and the latter can be proven by the accident investigation team at the police, who I assume were involved if it was a serious smash.
Good luck, either way. I hope you are not too badly injured.
I successfully reversed two seperate 50/50 decisions involving my wife, by writing a single letter to each insurer on the respective cases. In one case, the claim was for £9,000. Had we paid, we'd have had issues financially, as it was, we received 0% blame, sued (not for personal injury), and made £4,000 profit, plus a new car. Had a nice holiday. It pays to do your homework.
PS. Go out and take photographs of your perspective during the ride, of the junction where this occurred, preferably from the same eye-line as your ride if at all possible. Road markings, everything. Write down details of the road conditions at the time, as they are fresh in your mind. Was it wet, was it foggy, anything at all. Dont submit it, this is just for your own personal keeping (for now) as it sounds like she pulled out in your right of way, so its probably cut and dry case.
PPS. If you suffered injuries like you say, a personal injury claim is totally justified against the other driver. Get a doctors report. This is one of the few occassions I'd actually suggest someone seek it. However, do NOT go to one of these idiotic ambulance chasing firms. They are totally unnecessary. If you're legally minded you can handle it yourself, if not, use your friendly local solicitor.
Just so I'm clear, was it a woman who was driving the other vehicle? You mentioned "she" several times. Not that it really matters, I was just curious.
In terms of a compensation claim, I doubt you're looking at years to resolve it. The key thing here are witnesses. Do you have any, if not, it might be hard to prove she was liable depending on the exact circumstances.
If she was pulling onto a major road from a minor, then it is your right of way. So she is negligent. Etc etc, we need more details.
Do not be put off by an insurance company wanting to do a 50/50 claim. If it was not your fault, genuinely, do NOT accept that. Dispute it. Fire it back to the other party and ask them to justify HOW they are requesting such a settlement. Get them to forward all their evidence and reasoning.
50/50 is the easiest for insurers to deal with, and the cheapest. Be tenacious mate.
If she pulled out on you without looking, be patient, prove your case and I doubt it will take years to resolve. It is not complex enough. Her denying it is irrelevant. What is shy denying exactly?
For a real opinion, we need a few more facts. She is denying she was in the vehicle at all? That she pulled out? What? I doubt its the former and the latter can be proven by the accident investigation team at the police, who I assume were involved if it was a serious smash.
Good luck, either way. I hope you are not too badly injured.
I successfully reversed two seperate 50/50 decisions involving my wife, by writing a single letter to each insurer on the respective cases. In one case, the claim was for £9,000. Had we paid, we'd have had issues financially, as it was, we received 0% blame, sued (not for personal injury), and made £4,000 profit, plus a new car. Had a nice holiday. It pays to do your homework.
PS. Go out and take photographs of your perspective during the ride, of the junction where this occurred, preferably from the same eye-line as your ride if at all possible. Road markings, everything. Write down details of the road conditions at the time, as they are fresh in your mind. Was it wet, was it foggy, anything at all. Dont submit it, this is just for your own personal keeping (for now) as it sounds like she pulled out in your right of way, so its probably cut and dry case.
PPS. If you suffered injuries like you say, a personal injury claim is totally justified against the other driver. Get a doctors report. This is one of the few occassions I'd actually suggest someone seek it. However, do NOT go to one of these idiotic ambulance chasing firms. They are totally unnecessary. If you're legally minded you can handle it yourself, if not, use your friendly local solicitor.
Re: insurance payout
I forgot, if you were speeding, whilst it doesnt necessarily make it your fault entirely, you are unlikely to get a strong judgement.
Oh and, when seeking compensation in the UK, you need to have a reason. Have you been off work, unable to do something, etc etc etc.
Courts here do not like people who ask for what amount to punitive/exemplary damages. They will award them on occasion, but they are rarely paid/enforced and it goes against case law to do so in most road traffic cases (unlike the USA).
Just be a good bloke, honest and truthful, it will shine through. You dont want to come across as claiming compensation for the sake of it....the courts do not like it at all. Trust me on that ;)
If you have genuine injuries, by all means, pursue it to the fullest extent.
Oh and, when seeking compensation in the UK, you need to have a reason. Have you been off work, unable to do something, etc etc etc.
Courts here do not like people who ask for what amount to punitive/exemplary damages. They will award them on occasion, but they are rarely paid/enforced and it goes against case law to do so in most road traffic cases (unlike the USA).
Just be a good bloke, honest and truthful, it will shine through. You dont want to come across as claiming compensation for the sake of it....the courts do not like it at all. Trust me on that ;)
If you have genuine injuries, by all means, pursue it to the fullest extent.
-
benny hedges
- Posts: 6110
- Joined: Sun Oct 18, 2009 5:09 pm
- Location: Warrington
Re: insurance payout
just use a specialist bike solicitor who specialise in claims like this....
ie dalgarno's at sorrymate.com or white-dalton.
ie dalgarno's at sorrymate.com or white-dalton.
You do not have to say anything. But it may harm your defence if you do not mention when posting something which you later rely on in quote. Anything you do say may be ripped to sh*t.
Re: insurance payout
Got knock off my GT380 31yrs ago broken leg 6 months off work so quite a bad one, foot was at a right angle to my leg (for you gorry sods). It took about 2 yrs from the day of the accident. My mate was driving his truck and some polish lad desided to run head on no guessing who won, he's still waiting nearly 2 and a half years. Most of the wait will be how quick you are to heal, good luck
RIDE TO ENJOY
-
Miztaziggy
- Posts: 2451
- Joined: Fri Apr 15, 2011 9:15 pm
- Location: Tadcaster
Re: insurance payout
Sadly mate, it will probably take a while yes. My brother got hit by a lorry driver in his car and suffered back injuries. Totally the lorry driver's fauly, but because he denied it, it ended up taking about 2 years. But, eventually, he did get a cheque and a big fat payout.
