Insurance claim - Where do i stand....

[haditlowered]

I was riding through Birmingham, as i passed between a stationary car to my left (don't know why he was stationary on the A45 in rush hour but he was and with clear road in front) and another car that was driving across the chevrons on my right to change lanes (chevron lines broken) i clipped the car changing lanes to my right ever so slightly with the just the rivet on the pannier, it was that fine a clip that only the rivet on the pannier caught the edge of the wheel arch leaving a slight dink in the paint around 30mm long, the plastic trim on my pannier left two minor "surface black marks" - this was back in Aug, the car was "tatty" for a Porsche!!, i stopped and gave my ins details but nothing until last week....

The guy has put in a claim for 3k.... claiming for a front door skin, rear qtr panel that sits behind the door and over the rear arch - and a rear bumper for his Porsche Panamera. I have given my ins comp detailed pictures of the pannier and you can see the contact points that touched the car.... i also pointed out that given the positions of the damage to the rear qtr panel and the door skin that this guy is claiming for it is actually impossible that my pannier or my bike could have caused that damage, there was a big dent and blue paint quiet high up on the car (there is no blue on my bike, and the dent was obviously left by a specific impact clearly not possible from a bike, my ins have decided to pass the information to an "expert" to decide what contact my bike could have made with the car but it's clear cut given that i had panniers on... the feedback so far is that they will dismiss the claim through "dishonesty by the claimant"

I have no objection to a claim for the damage that i caused whatsoever, but given that he will likely loose his claim for legitimate recompense via my insurance - My question is: If the claim is dismissed, can the claimant then pursue me for the damage?

 

[JJH]

No. if the insurance co. find the claim to be dishonest I'm sure a court will too. So that's a yes of course he can sue but he is just as unlikely to win. One word of warning if he does decide to go down that road you will have to defend the case. That might take time and effort and cost a few bob if you need professional witnesses to rebut any bulshit. JJH

 

[Bobster]

3k is just the start there will also be several thousand pounds of car rental that he will claim whilst his car is off the road for extensive repairs. my company is used extensively by insurers to fight these dodgy claims and we see them all the time. The bottom line is that we all suffer. If you want a steer what to do contact me via a pm and we can have a chat.
Regards
Bib

 

[Deleted account 181015003]

I was riding through Birmingham, as i passed between a stationary car to my left (don't know why he was stationary on the A45 in rush hour but he was and with clear road in front) and another car that was driving across the chevrons on my right to change lanes (chevron lines broken) i clipped the car changing lanes to my right ever so slightly with the just the rivet on the pannier, it was that fine a clip that only the rivet on the pannier caught the edge of the wheel arch leaving a slight dink in the paint around 30mm long, the plastic trim on my pannier left two minor "surface black marks" - this was back in Aug, the car was "tatty" for a Porsche!!, i stopped and gave my ins details but nothing until last week....

The guy has put in a claim for 3k.... claiming for a front door skin, rear qtr panel that sits behind the door and over the rear arch - and a rear bumper for his Porsche Panamera. I have given my ins comp detailed pictures of the pannier and you can see the contact points that touched the car.... i also pointed out that given the positions of the damage to the rear qtr panel and the door skin that this guy is claiming for it is actually impossible that my pannier or my bike could have caused that damage, there was a big dent and blue paint quiet high up on the car (there is no blue on my bike, and the dent was obviously left by a specific impact clearly not possible from a bike, my ins have decided to pass the information to an "expert" to decide what contact my bike could have made with the car but it's clear cut given that i had panniers on... the feedback so far is that they will dismiss the claim through "dishonesty by the claimant"

I have no objection to a claim for the damage that i caused whatsoever, but given that he will likely loose his claim for legitimate recompense via my insurance - My question is: If the claim is dismissed, can the claimant then pursue me for the damage?

Your NCB is gone anyway I would not worry about it, its up to your insurer to sort out help when asked but leave it to them.
If he tries to come after you pass it on to your insurer that's what you pay them for

 

[Nice 'n' Fat]

What Steve said

 

[Tractors are go]

Formally complain to your insurer that you have grounds to believe that insurance fraud is being committed.

Code of practice means they are 'required' to advise third party insurers and also actionfraud. Who knows how many times they've tried on repairs for same damage.

Is it a main dealer quote ? if so they may have noticed damage if it was in for previous servicing.

My son had similar, it ended up that his insurer repaid the policy excess and logged it as no fault claim. Sadly, you have to fight your own corner now a day's.

 

[Steptoe]

, it was that fine a clip that only the rivet on the pannier caught the edge of the wheel arch leaving a slight dink in the paint around 30mm long, the plastic trim on my pannier left two minor "surface black marks" -

Did you inform the insurance company at the time of the incident, even though you're not making any claim always best to ask them to hold it on file..
Plus I'd send the insurance company the pictures you took at the time on your mobile phone as evidence ....

You did take pictures when you stopped and exchanged insurance details didn't you ? yes, silly me, of course you did.

 

[GS-Jonesy]

You did take pictures when you stopped and exchanged insurance details didn't you ? yes, silly me, of course you did.

As well as pics I would have taken a video and asked the car driver to confirm what was already there re damage/marks.

Unfortunately the world is full of shysters happy to do somebody over if it is to their benefit.


Sent from my iPhone using Tapatalk

 

[Wapping]

As well as pics I would have taken a video and asked the car driver to confirm what was already there re damage/marks.

Unfortunately the world is full of shysters happy to do somebody over if it is to their benefit.

No doubt the same would aply to those bikermates who boast on these pages of kicking off car wing mirrors and deliberately scraping their panniers and hard man Adventure boots along cars' side panels and then riding away?