Non fault incident, and bike hire
Discussion
Evening,
Out for a ride a few days ago, stopped at a garage to fill up, meat-head in a van tried to fit through an obviously insufficient gap to anyone with a brain-cell, and the back of his vehicle caught the rear of my motorcycle, throwing it and me over onto the RHS. I was stationary at the time, on the bike.
Police were in a McDonalds next door, came out and delt with it, the roid-rager actually wanted a scrap after he'd stopped.
I've got two independent witnesses who kindly came over and gave me their details, and I've emailed the garage customer services for CCTV, who won't release anything to me due to data protection laws but did provide a reference number that I've given to my insurer (A big reputable one 2nd name rhymes with cash), so hopefully there is some CCTV too, however I believe from memory the camera I saw that looked at the spot I was in had an HGV in front of it, but I think there were multiple cameras there, so I'd think it unlikely nothing was recorded.
The insurers accident management company have offered me a hire bike, advised they'll seek to claim this back of the 3rd party, it's about £170 + VAT / day, said I shouldn't be put out by the 3rd partys fault, shouldn't have to add miles to my other bike, laid it on pretty thick, am I being done up like a kipper??
I do have a 2nd bike, but it is a very different bike, a cheap winter commuter bike, not a high end super-naked, not what I'd take out on a weekend blast.
Appreciate any views or advice and hoping for a quick turnaround on repairs of my bike!
Cheers
Out for a ride a few days ago, stopped at a garage to fill up, meat-head in a van tried to fit through an obviously insufficient gap to anyone with a brain-cell, and the back of his vehicle caught the rear of my motorcycle, throwing it and me over onto the RHS. I was stationary at the time, on the bike.
Police were in a McDonalds next door, came out and delt with it, the roid-rager actually wanted a scrap after he'd stopped.
I've got two independent witnesses who kindly came over and gave me their details, and I've emailed the garage customer services for CCTV, who won't release anything to me due to data protection laws but did provide a reference number that I've given to my insurer (A big reputable one 2nd name rhymes with cash), so hopefully there is some CCTV too, however I believe from memory the camera I saw that looked at the spot I was in had an HGV in front of it, but I think there were multiple cameras there, so I'd think it unlikely nothing was recorded.
The insurers accident management company have offered me a hire bike, advised they'll seek to claim this back of the 3rd party, it's about £170 + VAT / day, said I shouldn't be put out by the 3rd partys fault, shouldn't have to add miles to my other bike, laid it on pretty thick, am I being done up like a kipper??
I do have a 2nd bike, but it is a very different bike, a cheap winter commuter bike, not a high end super-naked, not what I'd take out on a weekend blast.
Appreciate any views or advice and hoping for a quick turnaround on repairs of my bike!
Cheers
In some ways the insurer are right, you shouldn't be put out.
At the same time I wouldn't bother with a hire bike if I had another to use, or it wasn't absolutely vital to have one available. The cost would make me feel guilty for inflating a claim when it wasn't absolutely required.
At the same time I wouldn't bother with a hire bike if I had another to use, or it wasn't absolutely vital to have one available. The cost would make me feel guilty for inflating a claim when it wasn't absolutely required.
Accident management companies are out to make as much money as possible from thd third party’s insurance company , it’s their business model. Be careful you don’t get done up like a kipper having a hire bike when you don’t necessarily need one. If his insurance co refused to pay you may be liable for the hire costs.
There's a 44 Teeth video with a Solicitor from White Dalton Solicitors that mentions taking the expensive hire bike when the motorcyclist didn't really need one.
https://www.youtube.com/watch?v=PbHQMD0auzk
https://www.youtube.com/watch?v=PbHQMD0auzk
Edited by carinaman on Wednesday 23 November 22:42
I had a car drive into the back of me (albeit I was in a car) about 6 years ago.
As in your case, the accident management company were trying to push me to take a hire car within a day of the crash occurring. I did some googling and felt incredibly uncomfortable with proceeding so declined. This was due to what others have already mentioned (you could be liable for the charges, they over-inflate them etc).
About a week into the process I received a letter or call from the third party's insurance claiming their client had claimed full responsibility and offering me a hire car direct from them. I spoke to them at length about this and how I was uncomfortable with taking one from the accident management company so still had my doubts. They alleviated all my concerns and I got the hire car through the third party insurer (at a rate of around £70 a day if my memory is correct). Maybe see if something happens similarly in your case? I would certainly say no to the accident management company's offer though unless you really need the second bike.
As in your case, the accident management company were trying to push me to take a hire car within a day of the crash occurring. I did some googling and felt incredibly uncomfortable with proceeding so declined. This was due to what others have already mentioned (you could be liable for the charges, they over-inflate them etc).
About a week into the process I received a letter or call from the third party's insurance claiming their client had claimed full responsibility and offering me a hire car direct from them. I spoke to them at length about this and how I was uncomfortable with taking one from the accident management company so still had my doubts. They alleviated all my concerns and I got the hire car through the third party insurer (at a rate of around £70 a day if my memory is correct). Maybe see if something happens similarly in your case? I would certainly say no to the accident management company's offer though unless you really need the second bike.
black-k1 said:
I miss Loon! 
I'd love to hear the justifications for what was said on the video!
As has been said, don't take a hire bike unless you've been through the paperwork with a fine-tooth comb and understand anything and everything you sign for.
He's still around but doesn't post much at all these days, living the dream in sunnier climes. I'd love to hear the justifications for what was said on the video!As has been said, don't take a hire bike unless you've been through the paperwork with a fine-tooth comb and understand anything and everything you sign for.
Jazoli said:
black-k1 said:
I miss Loon! I'd love to hear the justifications for what was said on the video!
As has been said, don't take a hire bike unless you've been through the paperwork with a fine-tooth comb and understand anything and everything you sign for.
He's still around but doesn't post much at all these days, living the dream in sunnier climes. I'd love to hear the justifications for what was said on the video!As has been said, don't take a hire bike unless you've been through the paperwork with a fine-tooth comb and understand anything and everything you sign for.
I wish him well. carinaman said:
ThreadKiller said:
That video… wow.
OP, watch the video. It seems you're the one signing for the bike and the costs so you could be the one paying them.If the third parties insurers were offering the hire bike, and they'd accepted responsibility, I'd be more comfortable, but given that it's a weekend toy there's not really a necessity to have it and the third party insurers may have a problem with that; why take the financial risk?
Having been with the same insurer your claims management company is out to make as much money as possible for themselves.
In my case I was knocked off my wife's bike which was rather poor timing given it barely did 200 miles each year yet they were equally desperate for her to take a hire bike. It became a farcical conversation and even when she pointed out that being a little short in the leg department she would not actually fit on what they were offering they still wanted her to take it "just in case" I might need to use it. I had 4 other bikes in the garage!
In my case I was knocked off my wife's bike which was rather poor timing given it barely did 200 miles each year yet they were equally desperate for her to take a hire bike. It became a farcical conversation and even when she pointed out that being a little short in the leg department she would not actually fit on what they were offering they still wanted her to take it "just in case" I might need to use it. I had 4 other bikes in the garage!
My understanding is that, by law, the insurer at fault has to provide you with a vehicle to keep you mobile. The problem is that, not surprisingly, insurance companies are keen to avoid paying out hence, if the claim is successfully disputed, you will be liable to pay for the hire vehicle. The 3rd party hire companies are just ambulance chasers and definitely to be avoided.
Assuming you have the other party's insurance company and they have admitted liability, and they have offered you the bike, you "may" be ok. However, this is probably a long shot...
I did have a positive experience, a few years ago (car related), somebody ran into my car (a 911 at the time), he was insured with LV and they were great, contacted me directly and loaned me another 911 for about 6 weeks while it was fixed. However he had pulled out of a junction to hit me, and luckily an unmarked police car was right behind me, the driver was charged with Driving without due car & attention so it was a fairly cut & dried case. LV were so good to deal with I actually moved all my car insurance to them after the accident so they got some of their money back....
Wouldn't take a vehicle if it was not that black & white however...
It has to be an enforceable contract and debt against you or the third party would never have to pay it even if they were totally at fault.
Technically you should only be hiring and hiring such an expensive replacement for a number of connected reasons. You need a bike (whatever we might think your stated weekend fun is not really a need here), you do not have a reasonable alternative (you have a car and another bike) and you are impecunious (meaning you do not have the money or ability to get credit / borrow funds to not hire such an expensive bike), and the make and model you hire is reasonable and so too the length of hire.
Thereafter you will have to co-operate with recovering your debt from the third party (based on all the issues above).
The hire company if asked may well reassure you they only want whatever can get from third party with no short fall from you (and may even mean it and offer a side letter confirming this) but that just adds to what it already is, a sham agreement.
Indeed if you were truly impecunious there is no way you would sig up to such a credit hire agreement (since you can't afford it) except in very limited and desperate circumstances which are not evident here.
Typically you will have to play along, even being the claimant at court claiming all reasonable need etc as above so they can recover as much as possible from third party insurer, and participate in increased costs for us all.
Or have nothing at all to do with such things.
Up toy you of course.
Technically you should only be hiring and hiring such an expensive replacement for a number of connected reasons. You need a bike (whatever we might think your stated weekend fun is not really a need here), you do not have a reasonable alternative (you have a car and another bike) and you are impecunious (meaning you do not have the money or ability to get credit / borrow funds to not hire such an expensive bike), and the make and model you hire is reasonable and so too the length of hire.
Thereafter you will have to co-operate with recovering your debt from the third party (based on all the issues above).
The hire company if asked may well reassure you they only want whatever can get from third party with no short fall from you (and may even mean it and offer a side letter confirming this) but that just adds to what it already is, a sham agreement.
Indeed if you were truly impecunious there is no way you would sig up to such a credit hire agreement (since you can't afford it) except in very limited and desperate circumstances which are not evident here.
Typically you will have to play along, even being the claimant at court claiming all reasonable need etc as above so they can recover as much as possible from third party insurer, and participate in increased costs for us all.
Or have nothing at all to do with such things.
Up toy you of course.
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