bus oil spill and bike insurance

Discussion in 'Cars, Bikes 'n AFVs' started by tazmanian_clogdancer, Jul 6, 2010.

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  1. I'm not refering to Bp's adventures in the gulf but metroline bus' on the finchley road. I was riding down there this morning in the bus lane when I saw a bus in front of me with it's hazards on so i started to move out where at this point I started to slide and eventually crashed landed between the bus and a car.

    Bus driver leapt out of the back seat where he had been sleeping and helped me up. Not too much damage to the bike,broken gear shift,mirrors smashed and scratches to the crank case. I cut my leg and tore my clothing.

    Then the nightmare starts..I'm with bennets insurance who supplied me with a royal sun alliance cover for fully comp. The mechanic fixing the bus got the police to call the fire brigade as the bus had dropped all its fluid over the road and the police and bus claims investigator both acknowledged the spill but somehow Bennetts say the accident is my fault as I crashed into the bus and I will probably have to claim from my insurance. Surely this is wrong?

    Anybody out their had any dealings with this sort of thing please let me know as the damage may not come to the excess on the policy but it's partly the principle and the fact that everybody at the scene acknowledged it wouldn't have happened had the bus not broken down.

    cheers
     
  2. Mate, Have a look in the MCN for the page where they give you a scenario and the lawyer deals with it and send them a letter,Newlaw Solicitors LLP(rob.beer@new-law.co.uk). Also your first point of claim is against the bus company, They are responsible for the spill. There are a few things to think about;

    1. Is there any witnesses and did you get details and pictures.

    2. Did the driver admit anything.

    3. Were the Fire brigade cleaning up at the time and did you get details.

    4. Do not let the insurance firm feck you about, tell them straigt that you are not happy that you have to claim for the bus companies failures.

    5. There is also the Motor insurers bureau who deal with claims like this and you would need to pay their excess (£300) But they will deal with it if you do not get any joy with others.

    Hope this helps.
     
  3. Talk to RSA who are your insurer not Bennetts (salesmen at best) if you arent happy with Bennetts response.

    Sliding on some 1elses oil drop isnt your fault at all ,what cobblers
     
  4. Claim against the company, the driver should have been warning traffic, not sleeping.

    Bit of advice, bin Bennetts, they're crap. Quite happy to take your money but not support you when you need it.
     
  5. Have to agree with the above posts... Ive heard nothing but horror stories from/about Bennetts.. about as much use as a chocolate fireguard...

    Ref the claim, have a look in VisorDown/Ride magazine.. Im sure that they have a guy called Andrew (?) White do the solicitor thing - they are all bikers in that firm as well and look pretty good.

    By all rights, as long as you can show that the spill wasnt your fault (which it looks like it wasnt from your post) then really youre onto a good claim.
     
  6. Bennetts are toss.
    i had a spill a few years back and was advised by my brokers that i could claim for everything down to my pants, which may of had a small pebble in them after the accident. even if you clothing and halmet look ok the fact is they have been down the road and need replacing.
     
  7. thanks for all the replies,
    I have now totally given up on Bennetts and as soon as this is sorted out will be cancelling everything to do with them. My claim for bike damage is with the RSA and loss adjustor.

    My last call to Bennetts I was told I didn't show due care and attention and should have avoided the slick on the road. When I pointed that hydraulic fluid on the road is somewhat transparent we quickly moved onto it's like potholes isn't it who's to blame for them? I then had to point out that a big f* off bus with 4 ways on, a mechanic and a trail of fluid leading to it could point to the culprit they replied it wasn't the bus drivers fault he broke down.

    I've mailed Dawson white but I'm unsure if they will take it if it's only minor injuries and really I only want my damaged clobber repolaced.Latex all in one Mdn approved bikesuits with vented crotch aren't cheap!

    There is a number given by the bus company do you think it's worth contacting them direct and asking them for their position?

    thanks
     
  8. Go Go P0ower Rangers.............
     
  9. Welcome to Sorrymate.com they are brilliant helped me out claiming when i decided to drop my bike rather than face plant a transit who had ran a red light
     

  10. You're a ******* idiot.

    Arrse. I was saving my 500th post for something deep and meaningful, too.
     
  11. My bold .....
     
  12. I think you will find that i am a Fat ******* Idiot :)
     
  13. In this case it is clear where the spill was from so yes, your claim is against the bus company.

    I had a similar accident a few years ago but where the culprit was not identifiable. that one came off my insurance as there was no-one else to claim off and my company put it down as "own-fault" - loss of control!