I landed on my elbow and despite an armoured Jacket, I have what the orthopaedic surgeon called a “nasty fracture” to my elbow, which is a worry as my work is a skilled manual Job.
Somehow a law firm allegedly appointed by my insurance company has “notified” the other driver’s insurance company that my claim has commenced at less than £25,000). That’s less than a year’s take-home pay and I’m expected to be off work for six months.
I have not spoken to anyone about my injuries and a company has said they need to take away my bike on behalf of the insurers. That company has sent me a document for electronic signature – which I nearly signed – and says they will store my bike for me but I will have to pay for it (as opposed to storage in my garage); I will pay the charges for recovery (I am fully comp insured so why am I paying this?); and I will be paying for the repairs fully comp?
Then they go on to say they will get a commission on the work they ship out to a body shop which I authorise them to keep. I also get to pay for the engineer’s fee to get repairs on my own fully comp bike carried out.
What the hell is going on?
I am delighted you signed nothing. I can tell you what is going on. Your insurers have sold your claim (and it seems their responsibility for actually paying for your fully comp repairs) to an accident management company. It is rare for me to actually see what these people are asking you to sign, because the terms and conditions mysteriously disappear.
Sadly, you seem to play no part in anyone’s considerations. Insist on using your fully comp policy and you will not be making yourself personally liable for storage, repairs and engneers’ fees. That is what you pay your insurance for.
Your insurers have recommended you sign away all your rights with them and passed your claim into the hands of their fellow sharks at your cost. As you correctly observe, you’ve paid your premium for years and now your own insurers are shamelessly ripping you off. I wish this were news to me.
The second thing is the clown solicitors have, without a clue as to your injuries, notified the other driver’s insurance of your claim in a process called the ‘Portal’ which is aimed at simple cases of less than £25,000. Your injury alone is worth north of £25,000 and it is, I am sorry to say, likely to be a claim which has a significant element of future losses because I think you may have a real issue staying in your job, which needs the ability to climb and work with delicacy with both hands.
You have had an intra-articular fracture on your dominant arm. I am far from sure you will be able to return to your current job and work at your usual pace. Hopefully I am wrong and you’ll be okay but frankly, no-one knows right now and we lawyers have to plan for a realistic range of outcomes.
The good news is that the initial and massive underestimate of your potential claim does not bind you or any judge hearing the case. What it does do, however, is mark your claim as a minor injury or a simple fracture, and yours is most definitely neither of these. It can impact on the costs your solicitors recover but I am pleased to note you are not staying with them.
You ask what the hell is going on? It is your insurers trying to get away without paying, an accident management company trying to stiff you for charges your insurers should be meeting (one hand washes the other in this dirty trade) and an incompetent law firm has jumped the gun by appointing itself on your behalf via an introduction from your insurer who is trying to shaft you.
I am gad you had the sense to read what you were being asked to sign. You should go back to your insurer and insist it fulfils its obligations to get you what you are due.
RiDE Magazine October 2022