Police and my falco

Message

D-Rider · #46 Post by **D-Rider** » Mon Nov 16, 2009 2:07 pm

I really can't get my head around this position of your insurer.

They will insure you if the third party is to blame but not otherwise?

I think the one thing that is clear is that nobody is blaming you - it's either the policeman's responsibility or, as the police seem to be saying, Aprilia's design.

Now surely the insurer should only be judging whether they are prepared to take the risk of insuring you - but nobody is suggesting that this is your fault ...

There seems to be a logic failure somewhere.

I'm in a not entirely dis-similar position with my insurers following being knocked off my son's bike earlier in the year. They have renewed my policy but withdrawn all my NCD until fault is established. I must get back in touch with them as they have completely removed my NCD however I've had a look at my policy and noted that in the case of an own-fault accident I should only loose 2 years NCD .... so that's the maximum I should loose were I not be able to prove it was the car driver's fault.

It may well be worth you checking the detail of your policy - if you have similar wording I can't see that they have any grounds for refusing to renew - for goodness sake the bike fell over when someone else moved it - it's not as though you were riding under the influence and piled it into persons or property causing untold damage.

If that gets nowhere, I'd take my business elsewhere, explain fully the situation to your new insurer, take the hit of no NCD but have clear written agreement that when fault is established in your favour, they will reinstate your NCD and refund to you any additional premium you have paid.

K_D · #47 Post by **K_D** » Mon Nov 16, 2009 2:18 pm

You have suffered an insured loss because of the actions of another.

Its a PITA especially under the circumstances.

Your insurance company should have a shedload of paperwork regarding this ,it would be interesting to see who determined the sidestand was faulty.

There should have been crash investigation trained cops at the scene but its probrable they didnt examine your bike as it wasnt involved in the mechanics of the fatal RTC.

Not all Road Policing cops are conversant with motorcycles,we all know about placing a bike on a sidestand but its not beyond probability that the cop that moved the bike has never placed a bike on a sidestand before and therefor didnt think about road camber and gradient .

You placed it safely on the stand ,he moved it and it fell over.

I would find it difficult to blame the bike.......but I'm not an insurance bod.

Sorry about your mate . This is one extra hassle I'm sure you could do without right now.

The Road Traffic laws are the same in scotland with a few country specifc pieces of legislation thrown in ,the proceedures re fatal RTC's will be very different .....there is no coroner in scotland ....the force concerned should have appointed a FLO to keep the family updated,if you have any prceedure questions I can do my best to answer on here......nothing specific about the RTC investigation please.

mrapriliafalco · #48 Post by **mrapriliafalco** » Mon Nov 16, 2009 4:22 pm

Thanks K D
Its has been 3 months now and Sids wife has not heard a thing regarding the accident,he was in the diplomatic protection within the Mett police so I would have thought they would have contacted her.
I also have this business with the camera to deal with,such a sad state of affairs.

K_D · #49 Post by **K_D** » Mon Nov 16, 2009 4:38 pm

Thats very weird.

The fatal RTC is investigated and the full report passed to the regional procurator Fiscal..........the scottish equivalent of the DPP.

He then determines whether any further investigation is made,whether an FAI will take place and whether anyone is prosecuted.

Due to a fatality happening a Family Liason Officer should be appointed to keep the family in the loop with all the findings and information.

The investigation is actually very extensive. If a funeral has taken place then the procurator Fiscal has determined that he is satisfied with the findings of the investigation as he will have to issue a body release order prior to burial or cremation and a medical doctor will have issued a death certificate stating actual cause of death.

If no funeral then the investigation is still ongoing.

It is certainly the standard proceedure in my force to fully update the next of kin timeously and all contact is logged.

Was the camera on a mount fixed to the bike?

mrapriliafalco · #50 Post by **mrapriliafalco** » Sat Nov 28, 2009 10:04 am

Forgot what its like to ride a bike now coming upto 4 months now

mrapriliafalco · #51 Post by **mrapriliafalco** » Sun Dec 13, 2009 10:49 am

Just had a letter from my insurers solicitors and they are taking the Scottish police to court to recover the loss of my bike.
I am really annoyed about this (1)the copper at the time put his hands up and admitted his mistake (2) its gonna take an age so I cannot use the other Falco I have bought and (3) worse of all its dragging up all the memories of that fateful day I lost my best friend.
NOT HAPPY

Nooj · #52 Post by **Nooj** » Wed Jan 06, 2010 11:22 am

A sad fiasco from start to finish it seems. The beaurocratic shit we have to put up with in this country is a pathetic joke. I completely understand why people don't bother to insure their vehicles, you stump up a small fortune and get nothing but insults and aggravation in return. Disgusting.

mrapriliafalco · #53 Post by **mrapriliafalco** » Thu Jan 07, 2010 7:27 pm

still none the wiser as to when I will get to ride the new Falco,to be honest I have given up chasing phone numbers to try and find out whats going on.
Had enough now!!!!! 5 months now since I lost my bike and best mate.

HowardQ · #54 Post by **HowardQ** » Sun Jan 10, 2010 9:54 pm

Just got back from hols in Spain, cannot believe nothing has changed at all!
Still can't work out why the insurance company won't let you insure the new Falco, whatever happens about the claim, which I also think will run for months. Hope you get something sorted soon, so you can put this whole sad matter to rest.
Bit late, because of hols, but hope you have a much happier new year and get some good news at last.

mrapriliafalco · #55 Post by **mrapriliafalco** » Mon Jan 11, 2010 8:54 am

Thanks for your kind words did does help.
The company's policy is to terminate once they have had a loss on it,but will re insure if the claim was recoverable. I do not want to start ringing up and explaining all the details again,and they never contact me.
2010 will be welcome with open arms

mrapriliafalco · #56 Post by **mrapriliafalco** » Wed Jan 13, 2010 7:04 pm

I decided to ring the solicitor dealing with this case on behalf of my insurer, they said that the police will not get back with any of their insurance details!!!
Can you imagine this with the rolls reversed.

Samray · #57 Post by **Samray** » Wed Jan 13, 2010 7:32 pm

I think I might have been in touch with my MP by now. He/she might be able to lean on someone to expedite things.

Aladinsaneuk · #58 Post by **Aladinsaneuk** » Wed Jan 13, 2010 9:38 pm

i would also be considering the insurance omsbudsman

and i would also contact my MP

oh - and no idea if it is possible, but could this be construed as obstruction by the police - so a formal complaint can be filed?

and chief constable needs to get a letter i think

chin up!!

HowardQ · #59 Post by **HowardQ** » Wed Jan 13, 2010 10:34 pm

Good suggestions Pete, I'd go for all of them!

mrapriliafalco · #60 Post by **mrapriliafalco** » Sat Jan 30, 2010 11:37 am

This is becoming a joke now,my insurers solicitor has had no response from the police and we are now talking 5 months.