I'm in a pickle and none of it is my fault.
here's the snippet from the long post below to catch your attention...
" I'm wondering if I can LEGALLY pursue recompense directly from the driver of the 4x4 that ploughed into me? After all, it was HIS actions that caused the damage to my property ( motorcycle ) and since his 'paid for' representetive ( insurer ) has shown they are only looking after their own pockets, with no regard for my own, I need to find a way to regain the shortfall.
Surely HE is still legally open to prosecution and accountable for causing damage and financial loss to my possessions, since it was his action that created the damage in the first place."
On the 24th August, I was on my loved and cherished motorcycle, I was stationary at a mini-roundabout giving way to a vehicle on my right ( obeying the highway code ), when a 4x4 driver following on behind me decided for whatever reason, ( perhaps too busy chatting to his recently picked up passengers ) that he wasn't stopping.
Not seeing my bright flourecent yellow jacket, or white helmet, or illuminated brake light, he ploughed into me at approx 30mph. Of course I go fltying like a rag doll and my bike is punched forwards hard and ends up on it's side 15 metres away ( with me about 8 to 10 metres away once I'd bounced my head off his bonnet )........ Clearly a case of his driving with undue care and attention ( for which he's being prosecured ) and me being the completely innocent non-fault participant. There's the background.
Next morning ( after ambulance police etc as it was evening )
I call Bennetts Bike Insurance (the people who I bought my insurance from , who sold me a policy underwritten by Aviva ) and let them know what happened.
They put me through on phone to their claims handlers ( Minster Law ) who then start the injury side of things rolling and arrange a company called BLD ( Biker Legal Direct ) to come collect my damaged bike. ( we're getting there, bear with it ). I check the bike over beforehand, noting down broken parts, checking up on their replacement costs using the parts numbers etc so I'd have an idea of what was happeing or likely to.
A few days later, ( bank holiday Monday ) BLD arrive and take bike away for assessment, and offer me a hire bike for my use in the meantime, but of course I'm battered up and can barely move let alone attempt to ride a motorcycle, so have to pass.
18 days later, I get a phone call from BLD telling me the at-fault parties insurer has written my bike off as uneconimical to repair ( protecting their pockets ) and classed the bike category B ( never to be used on the road again, salvage for parts only ) and then go on to tell me the third party insurer placed a pre-accidnt value of my motorcycle at just £800 ( including the just fitted £165 luggage box ), so actually only a pre-accident BIKE value of £635 !!! for a just mot'd, fully serviced, in tip top condition ( better than 95% same year and miles condition bike with new luggage sytsem fitted etc ) which is a RIDICULOUS! figure to state.
I've searched high and low and based on the prices that much rougher condition bikes are being sold for, mine ought to be closer to £1,500-£2,000 pre-accident value, due to it's near immaculate physical and mechanical condition, plus the fact it's a desireable year, colour and model as it's become collectable.
It's not my personal opinion, but a fact that to find the same model, registered year, with the same or near as same mileage on it, in the CONDITION my bike was in, is almost impossible. It was an on going restoration nearing completion as the bike model and year is considered a modern classic ( apreciating in value as they are so rare and was the first year production of that model, and same colour as in the literature sales brochures etc ) Also not taken into account was the fact it had literally just had a full service and had just had ( 20 miles before accident ) a new £100 drive chain fitted. In all, I'd spent around £600 - £900 on the bike ( all parts, no labour costs ) in the last year alone in my ongoing mission to bring it up to totally new showroom condition.
The advice I've been given is to find a number of adverts of the same model and year bike for sale, in the same condition, for sale at dealerships, and send the links and prices off to the third parties insurer. The PROBLEM I have with that ( apart from having to fight through this when I'm a victim in this ), is that it's impossible to find a dealership selling an 18 year old bike in their showroom, that is in the same condition as mine is/was with similar mileage. They just don't appear! heck, it took me three years of searching just to buy my bike back in 2004. Dealers only keep vehicles up to a certain age in their showrooms fo rsale.
Choosing to search private sellers, is also not much better, as again, the problem is, I've not yet found a bike of same age, in same condition with similar miles for sale at all.
You're meant to search your own local area as that's where you'd be buying a replacement from, yet the only bike even close to mine condition and age wise is over 240 miles away and I'm unable to verify that by seeing it in person with it being so far away.
I'm going to side-step the whole ABI obligations thing that the third parties insurer isn't meeting ( in them not repairing my bike to the condition it was prior to accident or offer enough funds for me to replace my bike in a LIKE for LIKE condition, putting me in the same position possession (vehicle ) wise and financially that I was prior to the accident )
This thought popped up...
We have ( vehicle ) insurance cover because the law say we need to.
Insurance is basically an entity or person willing to step in financially ( for the yearly fee we pay them ) to compensate any person that we might cause financial loss or damage to. They are not legally accountable for causing damage, only the person who causes damage to others possessions can be legally accountable fo rthat action.
If the person/people ( in this case, the persons appointed and paid for/contracted insurer ) is unwilling to meet the full costs of repair or adequately compensate and avoiding their obligation to adequately recompense a victim ( me, in this case ) because it would cost THEM ( the insurer ) too much money, then surely I ought to be able to legally go after the person who caused the damage in the first place, since his 'representetive' is clearly not going to deal fairly and properly, becuase they're looking out for their own pockets with no regard for my property or finances.
Leaving it as is, would mean me ( the innocent party ) is left severly out of pocket and having endured the emotional stresses and strains of what has happened, left to find my own way to find a replacement bike ( without my own transport to do so ), and to suffer the financial costs in doing so ( when I had no intention of looking for another vehicle or wish to incurr the costs involved )
I'm wondering if I can LEGALLY pursue recompense directly from the driver of the 4x4 that ploughed into me? After all, it was HIS actions that caused the damage to my property ( motorcycle ) and since his 'paid for' representetive ( insurer ) has shown they are only looking after their own pockets, with no regard for my own, I need to find a way to regain the shortfall.
Surely HE is still legally open to prosecution for causing damage and financial loss to my possessions, since it was his action that created the damage.
Would it be a small claims court affair? ( less than £5,000 ) and how would I go about it?
I haven't even gone into how the estimate for repairs that BLD produced was pushed up nearly £1,000 by them including items on the estimate that where NOT damaged in the accident.... thus the estimate reaches a repair figure beyond what an insurer would class as acceptable or viable, and therefore writes the vehicle off as uneconomical to repair.
The whole process is twisted and shady I think.