Insurance payouts?

[nzspokes]

Their insurance company. I'm mostly surprised since they had already said the guy was at fault and they would pay my repairs. He was already disputing it from the start, so nothing has changed. I have two witnesses who are very passionate and wrote really good letters about how at fault the guy was, so court is an option. I don't know if anything in my case is relevant to yours, but if you could message me any advice or details of your story it would be really appreciated. I was calm for a few days, but now my stress levels have gone through the roof again.

Mine was a guy pulled in front of me and I hit em. His fault. He is not insured but I am. Im covered but am going after him for some costs incurred from the incident. And my insurance company is going him for the bike. He says its not his fault and I should have given way to him out of consideration. Legally he is in the wrong and my insurance company agrees. At the end of it he will have a nice big bill to pay. Slowly I would guess.

Well your in for a scrap then. You weren't insured then by the sounds. I would say you need to say you are taking them to court. Not much else will help you now.

[tigertim20]

Yep, and my witnesses are really fired up and helpful, really great and supportive people. I've already left a message on his insurance company's answerphone telling them I'd like to see their policy about final decisions. I can't find the policy for his insurance company, but other insurance company's policies state that decisions are final, and any disputes need to go to the insurance ombudsman. Just reopening up a decision because the guy continues to dispute it after a final decision seems like a joke. Hopefully that at least lets them know I'm not going to let go easily.

sounds like a good next step. let us know how it progresses!

[st00ji]

you could call the citizens advice bureau for some... advice. on your next best move.

[LaggyGN]

you could call the citizens advice bureau for some... advice. on your next best move.

Just left a message on their answerphone explaining the situation, hopefully should get a call back tomorrow. Thanks for the suggestion!

[R650R]

I'd get your local Suzuki dealer to provide a written letter of what they would say its market value is, you could also try the likes of motorcycle trader mag etc.
Used the first method for a stolen mountainbike and got paid out new price value, and few years back when knocked off zxr400 I got motorcycle trader mag to mail back my photo and for sale ad I had just sent in two days earlier as proof of the $6k ( was a minter) value I placed on it and got paid out that by the other person insurance on that too.
The insurance companies job is to payout the innocent party ie you. If it ends up in court or disputes tribunal the judge will respect the word of motorcycle industry professionals/shops as to value, not what the insurance would like to think its worth.

[LaggyGN]

Definitely will get on to that. The main problem is getting them to take a look at the bike. It's currently at a towing yard, which I could pay to get them to take it to a Suzuki dealer for a few hours and take it back, but will probably be quite costly. I'll ring his insurance company tomorrow to see what can be done about it. Cheers for the suggestion, might save me a bit down the line.

[Gremlin]

No, they will likely not release the bike to you, from the tow yard, as if it's written off, it's their property etc. Losing the bike means they lose their only hold, as such. Insurance will also be paying for the towing yard storage.

The shop doesn't really need the bike to do an indicative value. Are there any modifications to the bike from standard, or just a regular bike? Year, mileage, condition, that's all the shop would really need for a rough market value when it was in good nick.

[Jantar]

If the other driver's insurance company won't come to the party, then don't deal with them. Send your claim for the true value of the bike, plus incidental costs, in writing directly to the other driver. Give him 30 days to pay up or the case will go to court. It is the other driver's resposibility, not his insurance company's.

This is something that people seem to forget. An insurance policy is a contract between the insurance company and the insured party. You are not part of that contract so are not bound by their rules.

[LaggyGN]

No, they will likely not release the bike to you, from the tow yard, as if it's written off, it's their property etc. Losing the bike means they lose their only hold, as such. Insurance will also be paying for the towing yard storage.

The shop doesn't really need the bike to do an indicative value. Are there any modifications to the bike from standard, or just a regular bike? Year, mileage, condition, that's all the shop would really need for a rough market value when it was in good nick.

That's good news, I'll start ringing around Suzuki dealers to get quotes. Thanks.

If the other driver's insurance company won't come to the party, then don't deal with them. Send your claim for the true value of the bike, plus incidental costs, in writing directly to the other driver. Give him 30 days to pay up or the case will go to court. It is the other driver's resposibility, not his insurance company's.

This is something that people seem to forget. An insurance policy is a contract between the insurance company and the insured party. You are not part of that contract so are not bound by their rules.

That I assumed was the case until they confirmed that they were going to pay for my repairs. I'm no legal expert, but I feel like I now have some sort of claim via the company rather than just to the person responsible. They say they are going to contact me by the end of the day with a decision. Fingers crossed.

[Gremlin]

That I assumed was the case until they confirmed that they were going to pay for my repairs. I'm no legal expert, but I feel like I now have some sort of claim via the company rather than just to the person responsible. They say they are going to contact me by the end of the day with a decision. Fingers crossed.

You're dealing with the company, because the guy has insurance and has lodged a claim. Insurer deals with it on his behalf as that's what he wants (it's taken care of).

Of course, as Jantar says, you have no contract with this company, and can chase the other party directly... (which may be enough to make the other party give up)

[scott411]

No, they will likely not release the bike to you, from the tow yard, as if it's written off, it's their property etc. Losing the bike means they lose their only hold, as such. Insurance will also be paying for the towing yard storage.

The shop doesn't really need the bike to do an indicative value. Are there any modifications to the bike from standard, or just a regular bike? Year, mileage, condition, that's all the shop would really need for a rough market value when it was in good nick.

its not their bike until they say they are going to Write it off, and give you the money, but if you pick it up, or get it delivered to a suzuki dealer make sure you take photos before it leaves the tow yard,

[LaggyGN]

I'm thinking there's a case to be had when they said 'We're going to pay for your repairs' as being a verbal contract. It's on phone anyway. It was all confirmed, and they've gone back on it.

Having a dispute with an insurance company might involve lawyers though, which will put me out of pocket anyway, so might just take the guy to the disputes tribunal anyway. I'm just keeping my fingers crossed that his insurance company does decide to pay, they say they'll contact me by the end of the day.

[neels]

I would seem to me that as you're not dealing with your insurance company, and you have no formal offer from their insurance company, that your bike is still your bike. If it was me I'd be getting it back into my posession and getting it assessed to at least know what the situation is, before taking any further action.

As far as writing the bike off goes that is normally done by your insurance company that you have a contract with, if you are claiming from a third party you have no agreement with them that they will assume ownership of the bike, really you are just claiming from someone the cost to repair the damage caused by them.

[LaggyGN]

So I rung up and apparantly they've already dropped the bike off at a suzuki dealer. They gave a repair quote which is beyond the value of the bike new. Looks like my hopes of a $300 fork alignment are out the window.

handle bars 95.5
clutch lever &perch 121
lhs mirror 101
lhs indicator lens 12
lhs headlight bracket 83.5
fuel tank 620
lhs footrest 69
front brake lever 17
rhs front indicator 128
rhs fork 393.5
fork seal and oil 46
footrest 69
lhs cover 75
headlight rim 98
speedo unit 469
2397.5

labour 570
2967.5

Some things are trivial. The tank has no dents at all, only a minor scratch, but they're saying it's a $670 job. Could easily get $40 handlebars, $20 mirrors etc.. not sure how to proceed if it goes to the disputes tribunal on this one.

I wish I could post the photos up. Would any harm be done? Not sure if it's a good idea before the whole thing has settled.

[neels]

Some things are trivial. The tank has no dents at all, only a minor scratch, but they're saying it's a $670 job. Could easily get $40 handlebars, $20 mirrors etc.. not sure how to proceed if it goes to the disputes tribunal on this one.

Generally the dealer will quote genuine parts, and if it was undamaged before the accident it will be replaced with new or second hand in the same condition.

You now have the value of the repairs, so you can ask for that amount to repair your bike to it's original condition.

Of course you could always offer to be reasonable and accept a settlement for the cost of purchasing a replacement bike of similar age and condition, and save them some money.