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Insurance stalls claims process after accident - what to do?

by lichtmaler
Fri, Oct 17, 2014 12:55
7

Hi,

I was involved in a cycle accident at the beginning of this month. An Iceland home delivery van didn't see me standing on a turn lane and drove straight into the back of my bike. Fortunately I wasn't hurt but the bike needed some repair (already done). The driver stopped and gave me his details telling me I should just claim it from Iceland's insurance. I called Iceland and then their insurance who opened an investigation. However, for two weeks now the insurance company tells me that Iceland (i.e. their client) is not replying to their questions and that there is nothing they can do but wait for Iceland's reply. Now I'm wondering:

1. Is there a deadline in the law somewhere or can Iceland just stall the whole process by not replying to their insurance?
2. In case Iceland / the insurance company just drag this process out (perhaps in the hope that I will give up) who should I go to? I've spoken to a couple of cycle accident claims companies (e.g. CAMS) but they told me they are not taking up a claim unless I was injured. The claim is probably worth no more than £40 so I don't want to pay for a solicitor unless there is a way I can claim those fees from the insurance too.
3. Do you have any other advise about what I should do in this situation?

Many thanks,
Paul

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7 comments

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SideBurn | 10 years ago
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"When you consider that TFL Busses will ram a Cyclist off the road on a Cycle Lane , admit Liability , then REFUSE to REPLACE the destroyed Clothing and Equipment , you have to wonder , WHAT is the LAW about ?"
I understand your frustration here, but the concept is that you are entitled to what your goods are worth, ie. what it cost - reasonable wear and tear. So if your car/bike/jacket is damaged you do not automatically get a new one, particularly if it/they are 10+ years old. If their offer is not fair then explain why it is not fair and suggest a more reasonable figure.
A pain in the arse, yes, but you would not expect your 10 year old car to be replaced with a new one?

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Flying Scot | 10 years ago
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Write to Kerry Katona or Peter Andre, and tell them your mum won't be going anymore till they sort it out.

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skippy | 10 years ago
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When you consider that TFL Busses will ram a Cyclist off the road on a Cycle Lane , admit Liability , then REFUSE to REPLACE the destroyed Clothing and Equipment , you have to wonder , WHAT is the LAW about ?

Had i not spent money at the bike shop , replacing the destroyed Ultegra rear derailleur , with an inferior item , i would have been STRANDED !

After months of waiting for the Agent of TFL , to act after the Head of TFL , emailed me , i saw an Ad for what i thought were reputable Lawyers . Turns out they are more interested in " Brown nosing " TFL , than sorting my NEEDS !

Email me for the name of these " Vultures ", who when told not to use certain Email Facilities , continue to do so ! Even their " Honcho " deems replying to my emails , below his " Exalted Status "!

5 months on i am wearing the torn & damaged clothing at International Events so that the Media can be made aware of my desire to damage that brand "Tourism London "!

Why would YOU want to be a Cyclist Tourist/Visitor to London , when TFL will do its best , to RAM YOU off their Roads ? Arrive in Good Health and risk leaving in a BOX ?

I advocate for " Para Sport " , i have NO WISH to enter their ranks !

Avatar
Gkam84 | 10 years ago
0 likes

Personally, I wouldn't have done anything with the bike until the insurance agreed to pay for it.

It can take months for a claim to be settled, so two weeks is nothing, I've seen things dragged out for 7/8 months before.

If you have already paid for it to be fixed yourself and are riding again, that is the main thing, just let the insurance sort it out, rather than trying to drag it through small claims or other forms of court as it is such a small amount. If it was the whole bike written off, then I would be chasing it up.

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SideBurn | 10 years ago
0 likes

As above you may have to go down the small claims route. Sounds scary but it is designed to be pretty straight forward for you, the claimant.
I am a bit concerned that you have repaired the bike, this is your evidence. If it was repaired at a shop then this is evidence, paint from the vehicle, evidence etc.
You just have to present a case to a court that is more compelling than 'their' case to be successful, you do not need legal representation, but it would help (and cost, as you say). Most solicitors will give free advice though.
If 'they' fail to turn up you will still need to present some sort of case to demonstrate you have suffered a loss etc. Your case will have to be considered reasonable, considering all the circumstances, no claiming for the cost of baby sitting an Iguana (true story!).
Good luck, common sense says that they will make a 'without prejudice' offer http://www.wisewouldmahony.com.au/index.php?id=308 bearing in mind it is very low value, but common sense sometimes goes out the window. Trying to resolve the issue outside of the court is -usually- sensible.
Good luck!

Avatar
Scrufftie | 10 years ago
0 likes

Also, might be worth emailing the boss malcolm.walker [at] iceland.co.uk. It'll go to his PA but a direct approach to the top explaining that you are being fobbed off/poorly treated by his/her underlings can work wonders

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Scrufftie | 10 years ago
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Are you a member of British Cycling? If so, they may be able to help. Otherwise, you could try sending them a bill allowing a reasonable time for payment, say 28 days. After that, go through small claims, which is quite easy. Should flush them out.

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