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Interesting 3rd party

ogr1

I can still see ya.....
Club Sponsor
Last moan & move on.
Got a final cheque for the helmet from the 3rd party 'bike assist' legal team, but
it was approx £100 short of a replacement lid at today's prices.
I queried this & the reply....


The Schedule of Loss you signed was to confirm the amounts we were claiming from the third party, and we claimed those amounts from them. They did not agree to reimburse the cost of the phone or the £25 repair quote.
The cost of your helmet is correct as per the Schedule of Loss, but you signed a Conditional Fee Agreement which stated we take a fee of up to 25% upon settlement of the claim, therefore the amount you have received is correct as it is the cost of the helmet, minus the fee.


I should have seen it coming.
What is the point of insuring with a
Well branded motorcycle insurance only to be tied up with 3rd party sharks.
There was no mention of this online
at the initial sign up as you cannot see
the details of the policy until you have
sent the fee, only then do you receive the full terms & conditions of which i
obviously missed the bit about 3rd party
intervention on behalf of the contracted
insurance provider.
Never will I contract a broker for any of my vehicles again.
Wankers!
 

derek kelly

The Deli lama
Club Sponsor
Years ago I had a Mazda 323 & I was just getting back into biking (first of my Superdreams) I went to the broker & he gave me a ridiculous quote, I asked if I could use my ncb from the Mazda as he had all my info, “no, you cannot transfer between vehicles” “what if I got rid of the car?” “Still no” he then asked if I’d had any accidents, I said “no I’ve not picked the bike up yet” he then said “any car accidents?” I asked why should that matter as I’m insuring a motorbike, he then said all accidents count, I asked him how car accidents can affect my motorbike insurance but any ncb is ignored. When my car renewal came up I ditched the broker.
 

ogr1

I can still see ya.....
Club Sponsor
Years ago I had a Mazda 323 & I was just getting back into biking (first of my Superdreams) I went to the broker & he gave me a ridiculous quote, I asked if I could use my ncb from the Mazda as he had all my info, “no, you cannot transfer between vehicles” “what if I got rid of the car?” “Still no” he then asked if I’d had any accidents, I said “no I’ve not picked the bike up yet” he then said “any car accidents?” I asked why should that matter as I’m insuring a motorbike, he then said all accidents count, I asked him how car accidents can affect my motorbike insurance but any ncb is ignored. When my car renewal came up I ditched the broker.
There is a great divide between car & bike insurers. It needs reformatting.
 

Lee337

Confused Poster
Club Sponsor
Years ago I had a Mazda 323 & I was just getting back into biking (first of my Superdreams) I went to the broker & he gave me a ridiculous quote, I asked if I could use my ncb from the Mazda as he had all my info, “no, you cannot transfer between vehicles” “what if I got rid of the car?” “Still no” he then asked if I’d had any accidents, I said “no I’ve not picked the bike up yet” he then said “any car accidents?” I asked why should that matter as I’m insuring a motorbike, he then said all accidents count, I asked him how car accidents can affect my motorbike insurance but any ncb is ignored. When my car renewal came up I ditched the broker.
Many years ago I had an assigned office car, basically a company car but as it was civil service, in the absence of a pool car, it was not unknown for a colleague to ask to borrow your car.

One of the pool cars had to go in for a service but as I was unavailable to follow my colleague to the garage, I let another colleague use my car. She hit a curb while avoiding someone who ran out into the road & shattered the wheel. Being an assigned car, I contacted the lease company who promptly replaced the wheel. As they put in an insurance claim, this came up when I went back to using my own car & tried to claim NCB for the time I had an assigned car.

Even though it was basically an office car and I wasn't driving it at the time, no company would accept any NCB as I'd had an 'accident' within the previous two years. Didn't matter that I had 9+ years NCB on the bike which, luckily I'd had protected, but even then, my bike insurance went up.
 

andyBeaker

Moderator
Staff member
Moderator
Club Sponsor
As I learned to my cost you can report an accident to your insurance company and not make a claim and it will affect your subsequent premiums.
 

T.C

Been there, and had one
Club Sponsor
25% deduction is standard across the industry as it replaces the success fee which was removed about 8 + years ago and can be deducted from both your general damages (injury) and special damages (replacement items and out of pocket expenses)

But.... It should have been explained to you before you signed the CFA as the percentage can be debated maximum is 25%) and can drop to no charge at all.

This is why now it is worth having LEI as you can choose which solicitors you use and if on an LEI policy there is no dedections at all

As far as the costs not reimbursed, your solicitors should have fought this as they are legitimate costs incurred and CPR (civil procedure rules) mke it quite clear that a claimant should not be out of pocket as a result of the actions of the third party when liability has been proved.

Even the helmet should have been a full valuation as it is a safety item (and the insurers know this) and is a new for old replacement unless it is proven that it is several years old.

Maybe worth having a gripe at the Law Society.

Makes me glad I am out of law now
 

ogr1

I can still see ya.....
Club Sponsor
25% deduction is standard across the industry as it replaces the success fee which was removed about 8 + years ago and can be deducted from both your general damages (injury) and special damages (replacement items and out of pocket expenses)

But.... It should have been explained to you before you signed the CFA as the percentage can be debated maximum is 25%) and can drop to no charge at all.

This is why now it is worth having LEI as you can choose which solicitors you use and if on an LEI policy there is no dedections at all

As far as the costs not reimbursed, your solicitors should have fought this as they are legitimate costs incurred and CPR (civil procedure rules) mke it quite clear that a claimant should not be out of pocket as a result of the actions of the third party when liability has been proved.

Even the helmet should have been a full valuation as it is a safety item (and the insurers know this) and is a new for old replacement unless it is proven that it is several years old.

Maybe worth having a gripe at the Law Society.

Makes me glad I am out of law now
Yes, thanks for the info.
I was also on the understanding a new for old replacement.
 
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