Advice please - first time hit by car
Advice please - first time hit by car
Author
Discussion

oyster

Original Poster:

13,703 posts

277 months

Thursday 30th March 2017
quotequote all
It finally happened, after years of incident-free riding, yesterday was knocked down by a car in south London. Police and ambulance attended. I am very sore but nothing major damaged.

Now the twist is that the driver was uninsured (or sort of uninsured). Police on the scene were waiting for her car to be inpounded as a PNC check (validated by a call to MID after 9am) showed no insurance. So off she goes to get the bus, only to return a few minutes later having spoken to her daughter who had found insurance info at home. And then this lady shows me an email from Allianz to log into her insurance account.

She claims she has a policy with Allianz but had miss-typed the car registration into the insurance application.

Anyhow I have her name, home address and car reg number and the name, address and phone number of a witness plus a CAD reference number of the attending police.

Phoned Allianz today but they were no help as they could not find a policy under her address or registration.

I only want to claim for new front lights (both destroyed), new helmet (split in side of it), wheel true, clothes (ripped) and gloves (also ripped).

Any suggestions?

kiethton

14,635 posts

209 months

Thursday 30th March 2017
quotequote all
How was the frame of the bike itself?

Absolute worst case you can just sue her directly, it'll be well below the small claims threshold and if she turns out to be insured she can just forward them on the paperwork to settle the claim

oyster

Original Poster:

13,703 posts

277 months

Thursday 30th March 2017
quotequote all
kiethton said:
How was the frame of the bike itself?

Absolute worst case you can just sue her directly, it'll be well below the small claims threshold and if she turns out to be insured she can just forward them on the paperwork to settle the claim
The frame 'looks' ok (it's aluminium not carbon).

The forks are carbon so perhaps more concern there, although I was hit from behind and the front wheel didn't hit anything.

I was wondering of writing to her and asking her to supply insurance policy number and the reg number she has logged with Allianz (if that's not all a spun story).

What will come of the police report - will that have more info on it?

outnumbered

4,864 posts

263 months

Thursday 30th March 2017
quotequote all

If you're a member of BC or CTC/Cycling UK you may be able to get some help from their legal teams.

oyster

Original Poster:

13,703 posts

277 months

Thursday 30th March 2017
quotequote all
outnumbered said:
If you're a member of BC or CTC/Cycling UK you may be able to get some help from their legal teams.
I'm not unfortunately.
I do have legal cover on my home insurance, but for now reluctant to add costs to the claim.

We're probably talking £2-300 tops.

anonymous-user

83 months

Thursday 30th March 2017
quotequote all
Just leave it to the police, they attended and have a record of events, you will be able to chat the attending officer for details. If she is uninsured, which I suspect she is, then you should contact the motor insurance bureau. Don't write to her or ask for confirmation she is insured, she is within her rights to ignore you. Just use the police crime reference number to pursue the case

RicharDC5

4,194 posts

156 months

Thursday 30th March 2017
quotequote all
Phone her up. She might pay you in cash. The woman that hit me a few months ago gave me the money the next day.

The Rookie

286 posts

226 months

Friday 31st March 2017
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Uninsured is irrelevant the insurance company are bound by law to cover any claim and then try and recover it as they see fit.

You always claim from the guilty party, they then work it out with their insurers, legally you have no direct claim on the insurer.

Some pretty poor advice above.

anonymous-user

83 months

Friday 31st March 2017
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She was uninsured, on the basis that the policy details had the wrong registration, the insurance company will simply say the policy was void... she gets prosecuted for driving without insurance, OP seeks damages from MIB.

oyster

Original Poster:

13,703 posts

277 months

Tuesday 4th April 2017
quotequote all
The Rookie said:
Uninsured is irrelevant the insurance company are bound by law to cover any claim and then try and recover it as they see fit.

You always claim from the guilty party, they then work it out with their insurers, legally you have no direct claim on the insurer.

Some pretty poor advice above.
Which insurance company are you specifying as being bound by law? Mine, or the guilty party?

WaferThinHam

1,680 posts

159 months

Tuesday 4th April 2017
quotequote all
The Rookie said:
Uninsured is irrelevant the insurance company are bound by law to cover any claim and then try and recover it as they see fit.
If she's uninsured then there is no insurance company for the OP to contact??

Sounds like you're talking about driving "outside of the terms" of your insurance, in which case the insurer settles with the third party (the OP) then can claim costs from their client.

Or have I got the wrong end of the stick with this.

OP, you need to claim from MIB as I reckon your lady doesn't have insurance at all. Record all info with the police and let them throw the book at her.

Shinobi

5,129 posts

219 months

Friday 7th April 2017
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The Rookie said:
Uninsured is irrelevant the insurance company are bound by law to cover any claim and then try and recover it as they see fit.
Huh?