Sideswiped by a truck

Sideswiped by a truck

I got sideswiped by a truck whilst filtering through traffic; he clipped my bike’s rear end, breaking my back light and rear mudguard whilst trying to get out of a junction.

I called my insurer to claim off my fully comprehensive policy and was put through to a non-fault department, who sent someone with a hire bike and to take my Kawasaki away. I was told it was all free and there was nothing to worry about by the delivery driver.

However, he wanted me to sign paperwork stating that I was liable for everything if they didn’t get the charges back from the other side. I told him I didn’t want the bike as I have others, and he left. I don’t know what to do, as my bike is still damaged. I paid for insurance and just want them to deal with it.

Answer

I suspect your insurer has a ‘relationship’ with the bike hire company and everyone’s trying to ‘benefit’ after your accident. Your insurer benefits by taking your money and then not paying out on your policy; the bike hire company wants to charge for storage, repairs and a hire bike.

Sometimes there’s a need for this kind of service, but this isn’t the time. Be firm with your insurer to make the claim; you’ve no need for a hire bike and saved yourself grief by reading the paperwork. I had a client who racked up £10000 of charges before I was instructed. You can imagine what the defendants said about that. Don’t be that poor chap.

Andrew ‘Chef’ Prendergast

On 2 Wheels March 2019

Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.

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Posted by Andrew Prendergast. Last modified: August 5, 2019 at 1:43 pm

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.

About On 2 Wheels

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The O2W legal column is compiled by managing partner Andrew ‘Chef’ Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.

The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with motoring offences.

White Dalton lawyers have a vast knowledge of bike law - and they have full bike licences, too. They don’t act for insurance companies or the prosecution.

White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance-appointed solicitor – get proper independent advice.

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