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Hastings direct insuance not cycle friendly!!

On July the 1st I had my Saturday all planned out, my wife would be cooking a nice lunch for us and I would go out for a quick spin (20 -30 ish miles) before lunch and then an afternoon with the TV watching theTDF.

A mile from our house and on a roundabout that I use lots!! A car pulled out on my left, bang, I spent the next 30 mins in the back of a ambulance and the police got involved (I have an incident number). Result is that the bike is trash, my left shin and ankle went many colours of the rainbow! And my right side had road rash ankle hip shoulders and elbow.

At first the driver seemed very apologetic but since has become hostile. I only managed to gain his details though the police, and then he would not give me all his details so had to pay for a askMid search to find his insurance company.

I put a claim in against him but then all went quiet so last week I phone up to chase, they said that they would call back – they did not. So this morning I phoned again and got put on hold for one and half hours (yes listening to there rubbish music). Then the bomb shell, He is claiming that he is not at fault??? (what happend to - Give way to the right - traffic on the roundabout ect) So thats it if I want to contest this I need a solicitor, Hastings won’t talk to me any more! My bike is not mega bucks but I cant afford to fix or replace it and I cant afford a solicitor either! Do I sense that Hastings know that if I cant afford legal representation or that this path would cost more than the bikes worth, then they can walk away!!! Yes I know I should have insurance and I am sure that I will now do that as a priory, but what does this say about our roads and safety on our roads!

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13 comments

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antigee | 6 years ago
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"This. Insurance companies just ignore you" 
 

used to be involved in chasing down insurance claims on a commercial fleet - we had a standard letter that we used to send to the party that caused the claim - something along the lines of...concerns about the delay and if they have left any correspondence from their insurerer unanswered could they please respond and enclose a copy of this letter - the letter went on to remind them that if their insurance company failed to respond in a timely manner we would pursue the claim directly with them.....the result of this being a phone call from the person that caused the accident to their insurers asking why not being sorting..........its a slow slow war of attrition  

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antigee | 6 years ago
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had a couple of car rather than bicycle related claims were the at fault driver claimed otherwise to their insurance co after it being obvious at the time  - in both cases sent diagrams and photos by registered post asking for them to meet the claim in full on an urgent basis - if you haven't already put in a written claim covering your bike, loss of earnings, taxis , clothing, accessories  etc then do so - if you think you may have longer term issues requiring ongoing treatment make that clear  

ringing insurance co's is a waste of time  - not a legal person - as said above check your household insurance   - trust recover well and back out and about soon

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Luv2ride | 6 years ago
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Sorry to hear of your accident, hope you heal well and get it all sorted.  A bit off topic, but we discovered we had a major water leak on Sunday morning,  resulting in lots of damage to the newly decorated lounge ceiling and walls.  Needed a plumber, electrician and a gas heating engineer.  We pay extra for emergency home assist with Hastings Direct, supposedly offering "immediate repairs".  They have been an utter shambles.  Had to wait 2.5 hrs on hold to get through in the first place and non of the tradesmen they'd organised to come round yesterday and today actually turned up.  We've sourced our own and will hopefully get Hastings to reimburse us.  We were left feeling utterly helpless on Sunday - can't put a price on good service I reckon, but Hastings don't seem to give a f**k.  I do hope your experience improves.  Good luck.

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alansmurphy | 6 years ago
2 likes

Not sure it's the insurance company not being cycling friendly, just the insurance company being an insurance company. If the person isn't admitting liability they're unlikely just to pay out based on your view of an incident. The problem should be with the twat that caused this and you should find any form of retribution you can.

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HLaB | 6 years ago
2 likes

A dovy bint after stopping behind me, decided to accelerate into the back of me in 2013.  The only real damage though was my cheap Viking fixie and some minor damage to my clothes.  I just wanted to get my commuting bike back on on the road ASAP (circa £190).  She baulked at the cost, 'an expensive bike' and decided to go through her insurers (Hastings Direct).  It maybe helped that I wasn't claiming for the earth (although I did add the clothes to the claim) as they processed it quickly and didn't quibble when I asked them to round it up to £500 for the inconvenience.  Tbh given the supidity of their insured driver they were probably relieved.

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Sevenfold | 6 years ago
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Can only echo what others have said about Leigh Day - handled everything after I got knocked off in December. Maybe the fact that I had a video of the incident also helped but I would use again without hesitation but hopefully will not need to...

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Merchant of Cool | 6 years ago
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Can recommend Leigh Day.....First class team. As a BC Silver or Gold member BC cover your legal costs and refer you to Leigh Day. If not a BC member contact Leigh Day and they do a no win/no fee scheme.....They do not take any of your compensation like the Ambulance chasers on the TV.

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don simon fbpe | 6 years ago
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This really pisses me off.

I hate that we have to resort to carrying cameras, and I suspect that even with filmed evidence folks would try and weasel out.

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Mungecrundle | 6 years ago
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So, so important to get witness details and take some photos of the scene. Difficult I know if you are incapacitated in the back of an ambulance, but if you are part of a group then someone needs to take on that responsibility. If you are a witness to a fellow cyclist in similar circumstances then do the decent thing and offer to collect the available evidence.

Husband of a work colleague was hit from behind by a truck last year (in their car). Initially the truck driver was very helpful at the scene, name, address, company details etc. No need to involve the police, no need to get witnesses, admitted liability, couldn't be more repentent. On following up the entire story had changed to the driver of the car reversing into the truck. Fortunately CCTV of the incident was available and the claim went through, but without that it would have been difficult.

As others have said, you should check if you have legal assistance through your home insurance. I think that some bank accounts and credit cards also offer legal assistance cover? You might even have it through work. Unfortunately this important and unfortunate event for you is of very little interest to anyone who may have to foot the bill, so it's up to you how much effort you want to put into following it through.

Sorry to read of your experience, could be any one of us. I wish you a speedy recovery and succesful resolution.

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Jimmy Ray Will | 6 years ago
2 likes

Its a shower of shit isn't it?

Another reason for presumed liability. In fact for me the biggest argument for presumed liability. 

Cars, lorries etc. are required to have insurance by law. The car insurance industry is a big, powerful thing... if you are not insured, it is a painful, expensive business to go after them.

The biggest battle many pedestrians and cyclists have is finding a solicitor willing to take on the work, such is the way of these things... presumed liability makes all of this go away. 

Its a lot easier to make a small payout than it is to prove innocence or guilt (as you are experiencing), so with presumed liability, insurance companies are far more likely to dish out the cash in these situations than demand a day in court to argue that pulling out on someone on a roundabout isn't negligent. 

My view... for now, speak to some lawyers, be totally honest with them. If they are game for going for it, then you have a strong case, so go for it. if they are reluctant, you probably have to suck it up adn move on sadly. But get some insurance should something like this happen again... which it won't because you'll have insurance... sod's law innit? 

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ChrisB200SX replied to Jimmy Ray Will | 6 years ago
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Jimmy Ray Will wrote:

Its a shower of shit isn't it?

Another reason for presumed liability. In fact for me the biggest argument for presumed liability. 

Cars, lorries etc. are required to have insurance by law. The car insurance industry is a big, powerful thing... if you are not insured, it is a painful, expensive business to go after them.

The biggest battle many pedestrians and cyclists have is finding a solicitor willing to take on the work, such is the way of these things... presumed liability makes all of this go away. 

Its a lot easier to make a small payout than it is to prove innocence or guilt (as you are experiencing), so with presumed liability, insurance companies are far more likely to dish out the cash in these situations than demand a day in court to argue that pulling out on someone on a roundabout isn't negligent. 

My view... for now, speak to some lawyers, be totally honest with them. If they are game for going for it, then you have a strong case, so go for it. if they are reluctant, you probably have to suck it up adn move on sadly. But get some insurance should something like this happen again... which it won't because you'll have insurance... sod's law innit? 

^This. Insurance companies just ignore you, not sure how that is legal though!?

Small claims court might be the next step. Maybe find example claims forms online to fill out.

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davel | 6 years ago
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Failing that, try Leigh Day.

I've never used them but I've read plenty of good things about them (including on here I think - do a search) and I'm pretty sure they provide the legal coverage for British Cycling and British Triathlon members. IIRC, they're no win, no fee?

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HurdyGurdy | 6 years ago
2 likes

Have you checked your home insurance? A lot of them will have legal assistance cover these days.

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