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On Scooter collision with car


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Hello,

 

few days ago i had an collision with a car. I was on my Honda pcx scooter riding in straight path on a bus/scooter/bike lane when an car from opposite direction was turning right into side road. so i am on my lane with that another lane going to same direction and from opposite a car suddenly appears to me crossing my path and thats when the collision occurred. I went straight into the cars bumper and fell down and rolled over quite bad.

 

i would not have been travelling more that 30mph (approx 20-25), i wasn't overtaking just riding straight in centre of the lane i was in. The cars to my right going in my side of the road may have obscured my view of any oncoming car from opposite side making a right turn. I had no time to severe away (that probably would have been dangerous) braked right at the end that probably reduced the impact by just little as it was too late by then. It happened very quick and i knew at that fraction of a second that a collision is coming. i really made my body stiff and thats why i escaped from flying or running into the windscreen like they show in film stunts. instead i rolled over on the floor and my bike fell over other side.

 

dry conditions, slightly overcast weather. I took lots of pictures of scene and damage to my scooter. As for me even though i fell the impact hard, fell down think i rolled over few times but got ups soon to assess the scene and damage. at the scene not much physical injuries but i was dazed, felt disoriented, deep shock and really why and how going through my mind. I remember just after accident my reaction was slow, hands shaky and i felt impact on my head as well although no apparent injury there. Police arrived with parademics, inside ambulance they checked me and police officer taking details as well there. Exchanged details of other driver who was in his 50s by himself and got a card from a mini cab company who saw the accident and willing to act as witness.

 

So went home after a rest, accident happened only within 5 minutes ride of my home so after rest i rode it home carefully. So in the night i was woken up by vomitting and next morning whole body felt different, pain in my left side lower back that meant i had difficulty getting up from my bed or standing up from a sitting position as i could feel the pain to that side, so far it has been three days since but first two days i felt my head a bit burdened and my movement both physical and speech slower than normal.

 

attended GP next morning after accident to at least report my injury and the accident. notified my insurance company but just that so far. two claim companies called me and send me some paperwork to look at and sign if i am willing to make a claim. i work as security officer on 4 on/off shift that includes days and nights, so took the 4 days off.

 

any advice much appreciated from people how should i proceed going forward. Shall i leave it to the claims company and do not approach my insurance company too much to future insurance issues.

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You will have to inform your insurance company about this anyway at sometime in the future in order to tell them that you had an accident. This is required as part of the information that an insurer needs to know in order to make a decision as to the level of risk when insuring you.

 

You pay the insurer and I suggest that you get the insurer involved straightaway because it is their job to take care of this kind of thing – especially assuming that you are fully comprehensively insured.

 

Also, you never know what may come out of the woodwork. You have no idea if the other driver, having spoken with his mates, doesn't come back at you and say that actually it was your fault because you were driving too fast or overtaking people on the left-hand side blah blah blah.

 

Then you will have to explain to the insurer why you didn't report it immediately – as you are required to do so. Your insurer then will use that has some basis for an excuse for trying to crawl out of their liabilities – which is what they do.

 

Be very careful of claims companies. How much of the money are they taking and is it from your cut or is it from the other side on top of whatever you get? I wonder who gave them your details? If you haven't inform the insurer then I expect it might be the police who might be getting a kickback for referrals.

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[...] Police arrived with parademics, inside ambulance they checked me and police officer taking details as well there. Exchanged details of other driver who was in his 50s by himself and got a card from a mini cab company who saw the accident and willing to act as witness.

 

[...]notified my insurance company but just that so far. two claim companies called me and send me some paperwork to look at and sign if i am willing to make a claim.

 

If I were in your position, I'd be asking the police to prosecute the other driver for two reasons: The police have to investigate, and as a result, there will be a record available should your insurers need it. If he is prosecuted, his insurers have little ground for refusing to settle in full.

 

I would advise caution with regards to these claim management companies, and I would certainly be wanting to know where they got their information from. IF you sign up to one, be warned that they will want to inflate the claim as much as possible and take a minimum of 25% of any payout. There may well be an indemnity fee to pay up front (an insurance to cover costs should they lose).

 

Do you have any legal expenses cover with your insurance policy ?

If so, this would (should ?) cover the costs of any personal injury claim and provide assistance in getting your moped repaired.

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Your own Insurers will be involved anyway ( you have to tell them) and should be, if you are claiming for the Scooter. I don't think i would be claiming for the Scooter with the third party Insurers directly or through an accident management company. With the Personal Injury as well, it might just delay the Scooter claim. Injury claims can take months, sometimes years.

 

You mention a lot about the accident, but don't mention the claims company actions. Did you instruct them directly ? Or was it your Insurers ? What are they pursuing ? They will take 25% of whatever Personal Injury amount they negotiate.

 

Make sure the witnesses evidence is obtained ASAP by whoever is dealing with your claim. If you are still suffering effects of accident, important to have any further medical checks as required. Part of your settlement might relate to ongoing treatment you can't get through the NHS e.g physio. If you need such help, if the third party Insurers accepts liability quickly ( which is likely), they might pay some of your current expenses. If you have current loss of income you can't obtain from other Insurances or benefit, then again you need to start getting information together.

We could do with some help from you.

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If I were in your position, I'd be asking the police to prosecute the other driver for two reasons: The police have to investigate, and as a result, there will be a record available should your insurers need it. If he is prosecuted, his insurers have little ground for refusing to settle in full.

 

I would advise caution with regards to these claim management companies, and I would certainly be wanting to know where they got their information from. IF you sign up to one, be warned that they will want to inflate the claim as much as possible and take a minimum of 25% of any payout. There may well be an indemnity fee to pay up front (an insurance to cover costs should they lose).

 

Do you have any legal expenses cover with your insurance policy ?

If so, this would (should ?) cover the costs of any personal injury claim and provide assistance in getting your moped repaired.

 

I made enquiries with two claims company and they called me back, i have not decided which one to choose yet but both happy to deal with my case. I have witnesses plus camera is there that would have captured it, i have requested that footage yesterday.

 

As for my insurance, i have third party fire and theft and i have already notified them the next day after the accident. but am i right in saying if i pursue my case with them they will put me in high risk category and increase my insurance. Thats why i am happy yo notify them but let the claim company deal with damage to my scooter and injury as well as loss of income of the 4 days i have taken off so far.

 

I checked my insurance details and when i took it legal cover was additional and optional so i did not take it.

 

Thank you so far.

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the claim company stipulated to me no win no fee agreement.

 

just to add to my injury, physically i sustain very little but physcologically and post accident stress and trauma as well some pain to my lower back, and knees is what i am trying to cope with. I am scared to ride the scooter again, and don't think i will be riding for at least the next 2-3 months.

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I made enquiries with two claims company and they called me back, i have not decided which one to choose yet but both happy to deal with my case. I have witnesses plus camera is there that would have captured it, i have requested that footage yesterday.

 

As for my insurance, i have third party fire and theft and i have already notified them the next day after the accident. but am i right in saying if i pursue my case with them they will put me in high risk category and increase my insurance. Thats why i am happy yo notify them but let the claim company deal with damage to my scooter and injury as well as loss of income of the 4 days i have taken off so far.

 

I checked my insurance details and when i took it legal cover was additional and optional so i did not take it.

 

Thank you so far.

 

As you only have third party fire and theft cover, you have to claim from the third party anyway. You don't have cover for accident damage on the scooter policy.

 

You still need to inform your scooter insurers, as it part of your experience. Because this is a non fault accident you will be claiming from the third party, it should not affect your premiums much. Failure to notify your Insurers could cause you a problem in the future if you had another claim, as all claims are registered on a central insurers database. Therefore your claim against the third parties insurance might be found through searches. Reading your post again, I see you have notified them, but this explains why it is important.

 

You have many options about who you use to pursue your claim against the third party. In addition to accident management companies, many high street Solicitors will deal with such no fault accidents on a no win no fee basis. Do some searches online for reviews.

We could do with some help from you.

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You have many options about who you use to pursue your claim against the third party. In addition to accident management companies, many high street Solicitors will deal with such no fault accidents on a no win no fee basis. Do some searches online for reviews.

 

A union member ?

 

Quite a few worker's unions provide a legal helpline that will do more than just employment law. Mine also provides legal help with motoring claims, but I strongly suspect that the work is farmed out to an outside company.

 

AA, RAC. Greenflag member ?

 

I think they also offer an accident/legal cover service.

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A union member ?

 

Quite a few worker's unions provide a legal helpline that will do more than just employment law. Mine also provides legal help with motoring claims, but I strongly suspect that the work is farmed out to an outside company.

 

AA, RAC. Greenflag member ?

 

I think they also offer an accident/legal cover service.

 

Thanks, I am with trade union called Unite. Will check them their site tomorrow,

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No win : No fee just means you don't pay them anything if they lose. If you/they win, prepare to be shocked at what proportion of the payout they take. Unite will offer free legal assistance and you will keep 100% of the settlement.

Edited by Nimrod205
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