CatsCube Posted December 7, 2007 Share Posted December 7, 2007 Well as you know yesterday my OH was knocked from his bike. The guy who did it was about early/mid twenties, was very very shaken and appologetic and offering to pay for everything. He gave his mobile number as he didnt want his parents to answer the call, find out and be worried. Now yesterday we looked up how much it would cost to replace his Bike, Leather jacket, glasses and watch. With like for like replacements and we totaled it at £650, with two of the items reduced in sales. So first question, does this sound like a reasonable figure to you? Now he phoned him and left messages for him twice before he called back (sounds like it was from a pub) saying he had just finished work (so we know he lives with his parents and he has a day job). He didnt sound quite so appologetic this time round and didnt even ask how he was or anything. He said okay to the money, but then started saying how it wasnt a very good time of year being christmas, and he didnt know yet how he was going to find the money, and he might have to pay it in instalments, wich isnt exactly a help to my other half who needs a new bike for work and needs his glasses replaced asap as he is having to wear his old ones which no longer have the right prescription and he does computer graphic design work where his eyesight is important. Now having a family and mortgage to pay for we cant exactly pay for these items ourselves right now and let him pay us back bit by bit, and why should we be out of pocket. We also concerned in case he starts making installments and then stops and messes us about. OH as you can imagine is not very happy and is pretty sore and battered. The guy is ment to be looking into his finances and getting back to him by tomorrow to see what he can work out. But OH is saying that if he seems a bit flakey about it or if he cant pay for the glasses and bike stright away and the rest pretty soon after he is going to say its not good enough and he is going to look at contacting personal injury lawyers as he thinks he has been more than fair only wanting the damaged good replaced and if he cant do that asap he wants more. Why cant he pay on a credit card/overdraft/help rom parents etc. Now I dont know if that seems a bit far in what he is expecting rom the guy and his judgement may be clouded by the fact his is very angry and hurt. Do you fele that what he is saying is fair (I think he might just threaten it to make the guy realise he wont be messed around on this) Do you think this is fair behavior? Do you think he should give the guy more time, let him pay in bits. What do you think is acceptable? Sorry or the long post, just would help to get impartial opinions. Quote Link to comment Share on other sites More sharing options...
BeckyBoo Posted December 7, 2007 Share Posted December 7, 2007 He needs to find out the details of the drivers insurance company. The Police will have it and will give it to you if you ask for it. It doesn't matter what time of year it is his insurance should pay out, if it was his fault (which it sounds like) then they will pay. You need to get on to them sharpish so you can get the ball rolling as it can take a few days for things to get moving. If he was thinking of paying cash and not claiming on his insurance then that's up to him, but if he starts mucking around go straight for the insurance. He shouldn't be paying out without making a claim if there's an injury anyway,, he's just worried about his premium going up. How's he feeling this morning, quite shocked still I would think, trouble is when the shock wears off the bruising starts to take over - see if you can bung some arnica in his bath, works wonders. You poor things, hope the sun is shining where you are too Mrs Bertie Quote Link to comment Share on other sites More sharing options...
Tina C Posted December 7, 2007 Share Posted December 7, 2007 There is no harm in contacting personal injury lawyers for info/advice (or get advice From Citizens Advice perhaps first?) at this stage, so you know where stand. It is a lot of money to find for anyone at any time of year and the guy probably thought £100 would cover it and now realises it will be more. He may genuinely be trying to work out what to do. However, his insurance company can afford it! There are some sharks operating in the personal injury market so watch out - maybe get some recommendations if you can. Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted December 7, 2007 Share Posted December 7, 2007 I agree, this should be down to his insurers. You did report the accident to the Police,didn't you? - if not,do it NOW as without a report number the insurers may now pay up Phone/Text him again asking for his insurance details. Get proper written quots,which you will need if it does go through insurance anyway. And if her want to pay off his own back,not making a claim, give him 30 days from the accident to pay you, or you will make a claim. Poor you,hope it works out Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted December 7, 2007 Share Posted December 7, 2007 I'll echo what Mrs B has said - if he is liable, then he has to pay up. He really ought to claim through his insurance. A threat of personal injury solicitors or small claims court ought to sort it out. Perhaps he'll be more careful next time. Normally I'd be more charitable towards him, it being Christmas and all that, but having just had my van smashd by an eejit, I'm out for blood! Quote Link to comment Share on other sites More sharing options...
CatsCube Posted December 7, 2007 Author Share Posted December 7, 2007 My only questions with insurance is dont you have to pay or the stuff first and then claim is back with proof of purchase? (if so we cant aford to pay for it all ourselves without having to sort out credit. And seconsly the Jacket we cant imediatly replace anyway as it was a vintage leather, so we have given a figure based on what it cost, and will have to wait and shopp around to find a replacement as its not just a case of finding a new one in a high street store. And also do that vaule stuff based on what it is worth now as oposed to a new replacement, ie they wil only give us what a second hand bike is worth, and not enough to buy a new one? Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted December 7, 2007 Share Posted December 7, 2007 Were there any witnesses. If so...get their versions of events....just in case he starts back pedalling. (No pun intended). I have a feeling that you may need to produce receipts for the damaged items. Quote Link to comment Share on other sites More sharing options...
Guest Posted December 7, 2007 Share Posted December 7, 2007 I take it this was a push bike? If it was a motorbike you could get in touch with your own insurance company and they will persue the claim for you with the young mans insurance company. From what I'm reading you only have a mobile phone number - I assume you have the registration number of the car? You MUST contact the police as you have no way of tracing this guy if you weren't driving an insured vehicle yourself (the insurance company would have done it for you). This guy cold have a pay as you go phone and could go out TODAY and buy a new SIM card, chuck away the old one and leave it all down to you. Insurance usually gives a settlement figure and then pays out - you will have a wait though. There should be a law that makes pedal bikes required to have insurance - it would help you make claims and make it easier for people to claim who have accidents caused by thoughtless bikers too (not saying thats your OH but since living in the country I've met countless people who have had accidents caused by bikers - usually in cycling clubs who ride dangerously through country lanes EVERY sunny Sunday) Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted December 7, 2007 Share Posted December 7, 2007 Pengy is right there - when that eejit hit the van, I called his mobile number to check it, then called his insurance company to check that he had a policy with them - he'd already tried to drive offf, so I wasn't taking any chances. You simply must firm up his details asap and also try to find out where he works. Quote Link to comment Share on other sites More sharing options...
CatsCube Posted December 7, 2007 Author Share Posted December 7, 2007 Its okay there were witnesses and the police were called to the scene and statements given, we have an incident number and the guys home sddress also which has been confirmed by the police as correct. The police said they were not going to persue it unless we had any problems with him paying up. I have just got OH to call the police now to get the insurance details so he can just as back up ask them what their policy is, if they only replace the current item value, or with new, if they need us to hang on to the damaged stuff and photos/details of injuries. Just incase the guy stalls for to long and they ask for details on stuff we can no longer provide. Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted December 7, 2007 Share Posted December 7, 2007 Good idea Cat - get photos done as soon as you can. I did with the van. We have an old (film) camera in the boot of the car for just such occasions - I've been shunted a couple of times before and needed to get car positions etc recorded asap. Quote Link to comment Share on other sites More sharing options...
chickenlass Posted December 7, 2007 Share Posted December 7, 2007 I think perhaps a trip to the Doctors too would strengthen any claim you have. Even though he isn't seriously injured by the sounds of it, he could suffer some pain and problems as a result at a later date. At least then it will be on record that he visited the doctors. Hope you can get something sorted our quickly as it's not only Christmas for the driver but it's Christmas for you as well. Quote Link to comment Share on other sites More sharing options...
Guest Posted December 7, 2007 Share Posted December 7, 2007 Thank goodness you got all the details! You had me worried there. I know something similar happened to a friend who subsequently had a lot of trouble finding the guy responsible. I hope it goes well with your insurance claim - insurance companies can be tricky with individuals rather than other Insurance companies so its great that you had the police and witnesses. Great how people stop when someone gets knocked off a bike. Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted December 7, 2007 Share Posted December 7, 2007 I'll say it again.........give him 30 days from the date of the accident to pay in full if he doesn't want to go through insurance,& if he doesn't pay up start your claim. Make sure he knows he has 30 days to pay you,& send him a letter by recorded delivery saying this too Quote Link to comment Share on other sites More sharing options...
Guest Posted December 7, 2007 Share Posted December 7, 2007 If he wants to pay himself and avoid the insurance companies, he must do that NOW and in full. Otherwise, get straight onto the insurance companies and do it that way. You don't owe him anything. Quote Link to comment Share on other sites More sharing options...
Tina C Posted December 7, 2007 Share Posted December 7, 2007 Forgot to ask how is OH today - hope you are taking photos of his bruised bottom! Seriously, when my OH had his (last ) m/cycle accident we took a series of pics as the bruises sort of developed over the course of a few days. Quote Link to comment Share on other sites More sharing options...
Tessa the Duchess Posted December 7, 2007 Share Posted December 7, 2007 Chickenlass wrote: I think perhaps a trip to the Doctors too would strengthen any claim you have. Even though he isn't seriously injured by the sounds of it, he could suffer some pain and problems as a result at a later date. At least then it will be on record that he visited the doctors. Hope you can get something sorted our quickly as it's not only Christmas for the driver but it's Christmas for you as well. If you decide to go down the Personal injury lawyers route a trip to the doctor is a must. A & E would be even better. Take photos of all his injuries especially the bruises when they appear. DH has just successfuly taken our local council to court through PIL for when he tripped over a pothole in a pavement snapped a tendon in his arm and had to have surgery. The whole process took many photos, medical records, examination by lawyer's doctor pictures of hole in pavement, a rainforest of paperwork has gone back and forth. The council settled out of court for a reasonable sum but it has taken 9 months and we still don't actually have the money So it is no quick fix as far as getting your things replaced speedily. Tessa Quote Link to comment Share on other sites More sharing options...
Olly Posted December 7, 2007 Share Posted December 7, 2007 If the driver has not reported it to his insurance company (and it sounds as if he does not want to) then you won't get any joy ringing them - they will only deal with it if he reports it to them. In that case you may have to sue him. Before you go down the lawyer route, I would get his home address - which presumably the police will have - and put your claim in writing, and give him 30 days to pay. At the same time, check your household insurance policy, your own motor policy if you have one, or any other policies, to see if you have legal expenses insurance - this is often an add-on that you pay for, sometimes without realising it. The household one is the best bet, and they may have a helpline for advice. If you do need to sue, this might help pay for expenses - otherwise you should be able to find a solicitor who will do a 'conditional fee' arrangement. Unfortunately - although this is a lot of money to most of us! - it is a 'small claim' in terms of court proceedings,and you might find that it's too small to make it worthwhile using a solicitor, because they may not be able to recover costs. In that case you might need to use the small claims procedure at the county court yourself. Either way, I would hope that his insurers would settle this sort of thing fairly quickly. Good luck, afraid it is unlikely you will get anything before Christmas unless this guy settles it himself - do keep receipts for anything, including taxi fares, prescriptions or whatever, so you can claim them. Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted December 7, 2007 Share Posted December 7, 2007 Forgot to ask how is OH today - hope you are taking photos of his bruised bottom! Seriously, when my OH had his (last ) m/cycle accident we took a series of pics as the bruises sort of developed over the course of a few days. Not just an excuse to take loads of photos of his botty then? Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted December 7, 2007 Share Posted December 7, 2007 Not just an excuse to take loads of photos of his botty then? Take them by all means....but spare us won't you! Quote Link to comment Share on other sites More sharing options...
