# Slightly random Claim that Ins Co wont entertain!



## chunkytfg (Feb 1, 2009)

I was riding my bike a few weeks ago and had a woman pull out on me wrecking the bike and giving me a pretty serious case of whiplash and shoulder issues.

The insurance company have accepted liability and i'm now in the long drawn out process of trying to get everything I've lost out on.

The problem lies in that just under two weeks after the incident I was due to travel to paris to take part in a 10k and half marathon race as the second part of an event that started with me doing a similar race in america in January. 

The problem lies with the fact that to be eligible to do the second race in Paris you have to first qualify for it in america and it has to be completed in the same calendar year.

The insurance company have accepted that any losses incurred from the paris trip they will pay for but they wont accept that they need to pay for me to return to america so I can prequalify for it next year?

I understand that i'm asking for a lot and as such when I sent them my 'claim' I quoted prices for literally just the race entry and the flight cost as i wouldn't expect them to pay for a 'holiday' just what i'd missed out on.

Am I being unreasonable?


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## Fentum (May 1, 2017)

chunkytfg said:


> I was riding my bike a few weeks ago and had a woman pull out on me wrecking the bike and giving me a pretty serious case of whiplash and shoulder issues.
> 
> The insurance company have accepted liability and i'm now in the long drawn out process of trying to get everything I've lost out on.
> 
> ...


That's a bummer!

No, you are not but I can see that they might want to resist. I assume her insurance company?

The point of insurance is to put you back to where you were before the episode.

Do you have your insurance involved or was this a pushbike? If not, does your domestic insurance have any legal support cover? I think a firm push back from your own lawyer might yield at least a compromise.

Peter


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## kingswood (Jun 23, 2016)

Grim been knocked off your bike but glad they stopped and accepted liability. 

If you explain to the race organisers cldnt you get a bye for next year? That would be a lot easier (for you) and cheaper for the insurer. 


Sent from my iPhone using Tapatalk


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## fatdazza (Dec 29, 2010)

My understanding is that as the accident was not your fault the guilty party (via their insurer) has an obligation to compensate you for losses you sustained as a result of the accident. You also have a duty to act reasonably in limiting the losses you sustained. 

You will also have to prove the losses you sustain (i.e. a clear trail of the link between the Paris race and the US race.)

If you have not done so already I suggest that due to the disagreement with the insurer, you now seek legal advice (inform the insurer that you will be seeking legal advice - it is your right to do so). As part of your claim the legal advisor will seek settlement of their fees, which should be paid by the other persons insurer .


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## chunkytfg (Feb 1, 2009)

fatdazza said:


> My understanding is that as the accident was not your fault the guilty party (via their insurer) has an obligation to compensate you for losses you sustained as a result of the accident. You also have a duty to act reasonably in limiting the losses you sustained.


Yeah thats my understanding too. I cancelled the holiday and got most of the costs back except a portion of the flight and the race entries.



> You will also have to prove the losses you sustain (i.e. a clear trail of the link between the Paris race and the US race.)


Got that and sent it to them



> If you have not done so already I suggest that due to the disagreement with the insurer, you now seek legal advice (inform the insurer that you will be seeking legal advice - it is your right to do so). As part of your claim the legal advisor will seek settlement of their fees, which should be paid by the other persons insurer .


Speaking to a solicitor in a couple of weeks as I'm a union member and I was cycling home from work I get free legal cover.

Really I was just seeing if I was crazy to think it was something they would liable to pay for. Glad it's not just me who thinks it would be


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## Richf (Apr 26, 2008)

I cant see any way that they should pay for a return to America. 

The Paris thing is cut and dried as thats an actual loss something that you paid for and will lose out on 

You hadn't paid anything out for the America trip so you have no losses.


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## chunkytfg (Feb 1, 2009)

Richf said:


> I cant see any way that they should pay for a return to America.
> 
> The Paris thing is cut and dried as thats an actual loss something that you paid for and will lose out on
> 
> You hadn't paid anything out for the America trip so you have no losses.


But I did? I've been on the trip and earned my qualification for the race in paris which I couldn't go on. To qualify again i'll have to go back so surely I have lost out?


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