HELP - 3rd party hit me, insurance blustering

King Rat

King Rat

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June 8th 2024, Daventry Motorcycle Festival. I went with a friend, I was booked in to display my bike as one of the show exhibits (1988 R80GS Martin).
Parked in the secure waiting area, as directed by the show organisers, which was behind the gate, acting as a physical barrier for machines still arriving. This was also a logistical exercise in that the show bikes were being lad by the police in a parade to the show area, the other visitors then to follow behind from the main parking area.
Whilst waiting for everyone to arrive I was over in the main parking area nattering to a friend who came with me, but wasn't in the show selection, having a coffee. There was a sudden intake of breath from Dave (friend) and a combination of metal on metal and tarmac and crashing sounds. A woman on a huge, Rewaco trike, 2.0 Turbo Ford engine thng about 18 feet long, had lost control, the front wheel came up in the air as she careered across the car park and into the assembled show bikes. We got over there and the trike was on top of my bike, but my bike was on top of a Suzuki X7, recently restored, other bikes had been scattered both ways getting knocked over and into each other by the behemoth on 3 wheels as it ploughed a furrow into the assembled bikes.
Fast forward to today. I am STILL awaiting their insurers to sign off the estimate of repairs that Mikeyboy has provided, together with photographs back in mid July. THREE times they have had asked for estimate and photographs now, today being the latest. I have just phoned their (Markerstudy) office and complained. The poor chap who has picked the phone up, gone back over the file and has said he will mark it as urgent for the engineer to go over - but it is going to be several weeks before the engineer can get to my case due to their workload. I said, mine should be on the top of the pile because I have been waiting over 6 months now and I should not be behind new claims, they should be behind mine. It is going to be the New Year before I will hear anything and therefore I am still waiting to let Mickeyboy make a start. I know this is unreasonable length of time, I know I am being very reasonable - but what can I do? What are my actions to light a firework under their collective arses? I have lost the entire summer and autumn of riding ability and my machine is still not fixed - it isn't even assessed by their engineer yet. I want to rattle the cage but I don't want to get bitten by the animal inside it. Hence my request for help, as to what I can possibly do. I think I am due something for the loss of amenity as well as the repairs. If I had accepted the rental bike they would be looking at a huge bill now - but I would have had to accept 4th Dimension doing the repairs, which I know whould have been very poor, if at all. I have heard horror stories of bikes being cannibalised there to do repairs - good bits taken off one bike to fix another. All sorts of horror stories abound about 4th Dimension and their shoddy repairs.
I have the CEO of Markerstudy as Kevin Spencer ([email protected])
 
I would write, using their formal complaint process. This is then tracked and has timescales before you can escalate the matter to the regulator.
They have had plenty of time to resolve the matter. Markerstudy have a poor reputation and I would never have a policy from them, but you can't do anything of course if a third party uses them.
https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/insurance has advice e.g. on timescale, but you need to use the insurer's own process before the ombudsman will consider the matter.

The alternative is to speak to White Dalton and ask them to manage the claim. They can advise on making a claim for consequential loss.
www.whitedalton.co.uk

Motorcycle Accident Claims - White Dalton Motorcycle Solicitors

Motorcycle accident claims solicitors. No win no fee solicitors for motorcycle accident compensation claims. Change to us or use us from the start. 0800 783 6191. All our solicitors ride motorbikes.
www.whitedalton.co.uk www.whitedalton.co.uk
 
Do as Wessie suggests, ie start a formal complaint in writing.

Nobody, least of all the Ombudsman will be in the slightest bit interested, until you have done that. So, do it now, not tomorrow or next week.

Then wait for a reply, which should arrive within a few days, even allowing for Christmas. Return here only when you have the reply.

:beerjug:
 
Thank you, both.

What should I say in the letter? More or less what I have written here? They used VRG management company from the outset, but this last month they have kicked them in to touch and have taken it in house, direct, although as the newest chap was looking at the case notes, he knew they had had the pictures and initial estimate, an engineer looked at it and signed it off - but VRG closed the case before that was informed to me. Total cock up.

I have nothing to do tonight, so can sit and formulate a letter. I will write, in ink, and post one but will also email one as well (same letter, 2 means of delivery).

Richard: any pertinent phrases I should use? I don't have any references to include, other than their case number.
 
Last edited:
NeilDD said:
Simon,
Before you hit send, and post your letter just get your Mrs to proof read it.
A second pair of eyes will help to make sure you get the point over with no mistakes

Best of luck
Click to expand...
I was hoping I might do that here!

I don't want my Mrs breathing near paper......That's how she makes toast. :D

fire-7853170_640.jpg
 
keep it very simple - give them the ref. no and dates of the claim. Remind them you have provided all of the information requested and that you would like the claim expedited. I would mention the phone calls made without any meaningful change. I would mention the consequential loss of amenity due to the delay. I would suggest they recompense you for the time you have wasted on calling them and your loss of amenity. I would finish by requesting a clear timescale for authorisation of the repairs and payment to your repairer.
 
Just keep it really simple, real Janet and John stuff. Even just break it down into numbered bullet points, understandable by even the most simple minded of chimps.

Wessie has, just about done it for you.
 
You've been more patient than i!
By this point i would have been down the small claims court route for the money to get it repaired - citing their non response/kicking the can down the road attitude as a non payment tactic, despite having all of the evidence as requested.
 
The worst experience of my morning life was markerstudy. I had an accident that the third party admitted liability and they still messed me around. It seems that their operation is geared to delay tactics. Whatever advice you get make sure it’s good. JJH
 
OK - how is this, please? Obviously the claim number etc is redacted.

Markerstudy Complaints Department 18th December, 2024

Claim Reference Number: MX

Incident date: 8th June, 2024 at about 09.36



Dear Sirs,

As of today, when I telephoned your company to find out why I had been contacted to supply another set of photographs and a detailed estimate for the repairs, yet again, for the third time only to find out that my claim had progressed no further than of the 2nd July, 2024, when the photographs and initial estimate of damage, without putting the motorcycle on the bench for detailed analysis, was provided.

Since that date I have made numerous communications, both by email and by telephone to the claims management company instructed by you to handle my claim only for it to be obstructed and obfuscated at every possibility and no progress to the agreement and commencement of repairs has been made, despite the requested information and photographs being supplied at the very outset.

I bring to your attention the following points:

  • My request for a timescale for expediting the claim in my email of 2nd July, 2024.

  • Storage has been accruing, as notified in my email of 12th July, 2024 with no refute of same being received either by me or my repair facility where the motorcycle was secured. Your engineer was invited to attend and inspect the machine and discuss the repairs with the repairer. Nothing was heard and the estimate was, seemingly, lost because it was asked for repeatedly by way of reply to my enquiries as to how the assessment was progressing.


  • Despite many phone calls by me and emails from me all I got was repeated emails to supply the same information as already supplied on the 2nd July, 2024. It took until the 5th September, 2024 (from 8th June) to obtain the simple agreement for the replacement of my helmet and GPS cable that were also damaged in the incident. The pictures of the damage and the replacement costs were provided on 2nd July, 2024, by email.

  • My claim was, apparently, closed by your appointed claim management company without them informing me. I only found out after the event when I emailed the last known claim handler to see how my claim was progressing. I was informed that claim handler had left and closed my case. It was at this point, on the 27th November, 2024, that I phoned Markerstudy and spoke with ‘Mark’ to initiate my complaint. Mark agreed that I had been treated incredibly badly and assured me that things would be fast tracked from now on. He asked that I forward an uptodate estimate, which was supplied on the 11th December, 2024.

  • Nearly 1 month later, 16th December, 2024 as I had not heard anything I again phoned and spoke to ‘Riaz’ as to how my claim was progressing, he assured me he would raise my complaint with his superiors and that my claim would be treated as urgent. The following day, on the 17th December, 2024 I received another email, asking for photographs and a detailed estimate, which had already been supplied. I can only deduce that this continually asking for the same photographs and estimate information is used as a delaying tactic. Upon receipt of this email I phoned to say I had already supplied the requested information, several times. I was assured that my claim had now been marked as URGENT and would be put to the engineer at the earliest opportunity, but that it was unlikely to be before the middle of January.
I find this entire debacle totally unacceptable. My treatment at the hands of your claims management company has been appalling. In addition to the loss of amenity of my classic motorcycle, including the fact I was unable to take my planned holiday to the Colombres Rally in northern Spain specifically for classic motorcycles plus other events across the summer and autumn. In addition the time and effort I have had to expend in chasing this, so far, fruitless exercise to get my quite special, classic motorcycle, repaired it has caused me both heartache and headache. For this complete inconvience and unnecessary workload I require recompense. I also require a definitive timescale for when the repairs to my classic motorcycle can begin. Due to the nature of the extensive damage and the repairs required and the difficulty in locating certain parts, I do not envisage having my motorcycle available to use before April or May of 2025, even if the repairs are authorised before the end of 2024.

That means that I will have been without my motorcycle, awaiting repairs to my machine, due entirely to the negligence of your insured, for the best part of a year, certainly 9 months at the very least. Had I accepted the offer of a rental motorcycle while all this was taking place you would now be facing an enormous bill, just for the rental cost of same.

I have complied with requests at every turn and been entirely reasonable and patient, but my patience is wearing thin and I now demand that my reasonable requests for compensation and the agreement for the commencement of the repair of my motorcycle be agreed within seven days (7 days).

Yours faithfully,
 
Last edited:
JJH said:
Do not let anyone do the repairs. You dictate who fixes your bike. JJH
Click to expand...

They tried that one, stating I had to send it to 4th Dimension! oh, really. :D They got really snotty when I refused and told them it would be going to a recognised, historic and classic motorcycle specialist.
 
Can i ask why you never claimed though your own insurance and got them to fix your bike.
They would of then had to do the work to get the 3rd partys insurance to repay the costs.
 
Last edited:
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