How to deal with other party's insurance?

[cs363]

You are getting good advice from Oscar - someone who has been in the insurance industry and knows what he is talking about. If you chosse to ignore that advice and go your own way then you risk not getting a full payout or worse none at all.

Don't assume that the other party will tell the truth or that anything that the police may have said/intimated at the time is fact.

Good luck with your case, I wish you well.

[bobsmith]

Thanks for all your input everyone.

I have talked to the other party and she's in the process of filing a claim. She seems to understand that she was at fault so hopefully I don't have any problems with it. I was a fairly clear case of them failing to give way and I was doing well below speed limit due to traffic.

I just want this sorted without any fuss so I'll talk to her insurance company and see what they have to say. Hopefully it won't be a problem claiming my helmet and cordura pants on this which need replacing.

Oscar, I ask you this as you've worked in the insurance industry. Is it fairly easy to claim things that are damaged other than the vehicle like helmet and pants? Do I just need to tell the insurance company that these were damaged as well when I talk to them or will I need to talk to the other party for things other than the vehicle itself?

[Oscar]

Thanks for all your input everyone.

I have talked to the other party and she's in the process of filing a claim. She seems to understand that she was at fault so hopefully I don't have any problems with it. I was a fairly clear case of them failing to give way and I was doing well below speed limit due to traffic.

I just want this sorted without any fuss so I'll talk to her insurance company and see what they have to say. Hopefully it won't be a problem claiming my helmet and cordura pants on this which need replacing.

Oscar, I ask you this as you've worked in the insurance industry. Is it fairly easy to claim things that are damaged other than the vehicle like helmet and pants? Do I just need to tell the insurance company that these were damaged as well when I talk to them or will I need to talk to the other party for things other than the vehicle itself?

If your gear was damaged in the accident then you must claim for it.
Just add it to the list.

[Matt_TG]

Thanks for all your input everyone.

I have talked to the other party and she's in the process of filing a claim. She seems to understand that she was at fault so hopefully I don't have any problems with it. I was a fairly clear case of them failing to give way and I was doing well below speed limit due to traffic.

I just want this sorted without any fuss so I'll talk to her insurance company and see what they have to say. Hopefully it won't be a problem claiming my helmet and cordura pants on this which need replacing.

Oscar, I ask you this as you've worked in the insurance industry. Is it fairly easy to claim things that are damaged other than the vehicle like helmet and pants? Do I just need to tell the insurance company that these were damaged as well when I talk to them or will I need to talk to the other party for things other than the vehicle itself?

The damage to your clothing etc is still damage to your "property" and as such should be dealt with by the Liability section of the other person's insurance along with the bike damage. Tell them about it asap. Bear in mind that it will only be covered for what its worth rather than what it costs to replace.

I've been an Insurance Loss Adjuster for nearly 11 years now ... and now moving towards another role that is also hated by a good part of KBers ... glutton for punishment I reckon.

[Jantar]

.... Bear in mind that it will only be covered for what its worth rather than what it costs to replace......

Which is another good reason to deal direct with person causing the damage rather than their insuarnce company. Before the accident you had a perfectly good helmet and jacket. After the accident you should still have a perfectly good helmet and jacket, not just receive some devalued assesment of what it may be worth. Its worth is *that the gear is your protection*, you should still have the same level of protection.

[Oscar]

WQhich is another good reason to deal direct with person causing the damage rather than their insuarnce company. Before the accident you had a perfectly good helmet and jacket. After the accident you should still have a perfectly good helmet and jacket, not just receive some devalued assesment of what it may be worth. Its worth is *that the gear is your protection*, you should still have the same level of protection.

I hope you never have an uninsured accident, you're gonna spend a lot of time in court...

[Jantar]

I hope you never have an uninsured accident, you're gonna spend a lot of time in court...

I learnt this the hard way when I was hit by a taxi (1972 so it was a few years ago). I was insured, but my insurance company took the same line you are, and I wasn't paid out nearly enough to cover the damage. So I filed a claim in court against the driver for the difference, and suddenly the taxi driver's insurance company couldn't pay the difference quickly enough.

[Oscar]

I learnt this the hard way when I was hit by a taxi (1972 so it was a few years ago). I was insured, but my insurance company took the same line you are, and I wasn't paid out nearly enough to cover the damage. So I filed a claim in court against the driver for the difference, and suddenly the taxi driver's insurance company couldn't pay the difference quickly enough.

1972?!

That's when this album came out.
There have been three Insurance Law Reform Acts, one Consumer Guarantees Act and a Fair Trading Act since then...

[bobsmith]

Well everything seems to be going well.

I was contacted by the other party's insurance company to say that they've admitted liability and my bike is now with a shop so that it can be assessed by the insurance company to see whether they want to fix it or pay me out.

I've also claimed my full gear with them (except for my boots which are fine). On closer inspection I found that gloves, jacket, pants and helmet all seem pretty stuffed. (Not that you should ever keep a helmet that's been in a crash.

hopefully bike shop can get the quote quickly and have this all sorted soon. (they told me it will take about a week to get a quote for the job.)

[cs363]

Good work Bob, sounds like it's all progressing nicely. Hope it all proceeds smoothly for you!

[vgcspares]

Glad it worked out - can only add that the only Uninsured Third Party I ever dragged my heels on was the one who was bolshy from the getgo. What ticked me off was that he didn't have a bike license but as his driving skills weren't pertinent that didn't matter a whole lot. His attitude did though, so Oscar and others had a point worth making.

[Roj]

The attitude test is always amazing, it does not hurt to be polite, doesn't mean you have to grovel, but you are more likely to get a better response than starting with agro