Upon a little further research, I discovered that 'Loss of Amenity' applies to personal injury claims, so I have amended my claim wording for 'Loss of Use', which pertains to motor vehicles following an accident/crash/damage sustained. The court seems to use a figure of £15-£20/day as an arbitrary figure they have come up with. So I have used £20 because of the special nature of the bike. Let's see what transpires....
Markerstudy Claim MX Simon ,
My registration F878
Loss of Use / Uninsured losses.
1st January, 2025
Dear Markerstudy Claims Team,
As per my previous communication, I require compensation for the loss of use of my motorcycle for the duration of the 2024 summer, due entirely to the unreasonable delay tactics employed by your agent, and for the additional time and communications involved in fruitlessly trying to progress the claim.
My machine was out of use awaiting your agent to agree the repairer and the estimate supplied, along with the asked for photographs of the damages, on the 12th July, 2024. These delay tactics continued for a further 6 months, each time I asked for authorisation your agent asked for yet another estimate and another set of photographs.
Many phone calls later to try and get authorisation resulted in the case handler closing my claim without telling me in September, 2024. This resulted in the repairs being delayed beyond a reasonable time period and me losing the use of the motorcycle to attend several other classic festivals and events that I had planned, including the Colombres classic social rally in Northern Spain and holiday trip on the machine to Brugges and Ghent with my wife.
Throughout the claim I did my best to mitigate the cost and to progress the claim but I met with obstruction and difficulty from your management agency throughout.
For this inconvenience, unnecessary chasing and loss of use of my machine for the extended period from 8th June through to your acceptance of the claim on 20th December 2024 I require a compensation payment to make amends for my time, telephone calls and stress trying to get the claim to this stage, all of which was due entirely to the delay, obfuscation and obstruction by your claims management company.
In addition I require payment for the loss of use of my machine throughout this same period at a fee of £20 / day.
196 days @ £20/day £3920
Time, telephone and uneccesary stress £500
Total £4420
I believe this would be a fair, reasonable and acceptable figure for such losses.
Yours faithfully,
Simon Everett.