Insurance / Personal injury

[JohnS]

Coming home from work last Friday i was involved in an "altercation" with a car whilst filtering between the traffic. This was my first accident on a bike and my first insurance claim for any vehicle for a number of years.

Now although the bike was damaged a bit on the fairing i didn't sustain any serious injury or come off of it (i managed to ride out the shunt by guiding the bike up onto the pavement). I done my bit of reporting to the police but they weren't really interested because "no one was injured" and i informed my insurance company of everything that had happened. At the time they asked me if i had any personal injury and would i like to persue a personal injury claim to which i refused but now 4 days down the line i have quite a painful neck and it seems to be getting worse!

Now this might be a stupid question but do i now, 4 days later, go down the personal injury route or is it too late? What happens with personal injury claims, do i just let my insurance deal with all of it and wait for my premiums to go up next year? Is it all worth it? :-/

[Ducatista]

Well firstly get yourself down the docs.
Firstly they may be able to give you important medical advice. Your actions now (whether to move or rest) can afffect the long term outcome e.g. possible formation of scar tissue.
Secondly it's medical records for you claim.
If you don't go to the docs then the other insurer would be well within their rights to consider your injuries weren't very serious at all.

No it's certainly not too late after 4 days.
Legally you have 3 years to make a claim.
Many people are in shock or have adrenalin going after an accident and whiplash does not show up immediately.


do i just let my insurance deal with all of it and wait for my premiums to go up next year? Is it all worth it?

Well firstly liability has to be decided.
Normally insurers sort that out when they do the vehicle claim.
If you have no witnesses or CCTV then bear in mind it will be your word against the other drivers.
Insurers tend to decide these things pragmatically on a cost basis.
So they won't get the lie detectors and forensic teams out for a small case - they won't even go to court.
If you were filtering then both of you have a responsibility so chances are that if you have no witnesses or CCTV that it will simply go 50/50.
This is the insurers was of sorting things out cheaply without going to court.

For personal injury you need someone to fight your case because whilst most of us can easily value a bike part or a day off, we have no idea how to fairly value pain and suffering and wouldn't know whether any offer is reasonable or taking the mick.

Are you fully comp? Did you pay for the legal insurance add-on?
You can either use your legal insurance or employ a "no win no fee" solicitor who will get their fees from the other side.


Is it all worth it?

Make an appointment down the docs NOW.
This could be important in preventing scar tissue that could cause on-going issues.
Don't make a decision about your insurance claim at least for a week or two (there is no rush - you have 3 years).
If your pain in the neck goes away you might decide it's easier to forget about it.

The case will go on for quite some time - maybe 6-12 months, so you need to decide whether you want that "hanging over you" or whether you just want to forget about it.

I'd say wait and see what happens to your injuries.
Hopefully it will go away in a few days.

[SupeRDel]

Are you in a trade union as you can get help thru the union lawyers for injuries traveling to and from work.