Does 3Rd Party Insurance Cover The 3Rd Party's Phone?

[ct8356]

I was knocked off my bicycle by a car driver. He stopped and offered to pay for damages. My phone was broken in the incident. He says that his insurance does not cover it, and he is only willing to make a small contribution towards a new one.

But I thought that this WOULD be covered by his 3rd party insurance, since it is damage to 3rd party property. Can anyone shed some light on this please? Thanks!

[bhg481]

He is liable for any losses suffered by you through his negligence. He has insurance to cover this - it should pay up. If it doesn't that is his hard luck - he is still liable to you.
The problem with phones is that they depreciate so quickly that you may only be offerred a pittance for it.

[Prudie]

I wouldn't have thought that a motorist who knocked a cyclist over was in a position to bargain at all. He's lucky you're not going to a no-win-no-fee company (maybe you will, maybe you should). Whose fault was it if any?

[ct8356]

It was his fault. He pulled out of a junction as I was going past, hit me from the side.

[ct8356]

£85 is the trending price for a 2nd hand replacement on ebay, he is only willing to play £55. I will probably accept as it is not worth going to small claims for.

[EDDIE51]

Go back and tell him you want to claim on his insurance.
You will get compensation for your injuries ( even if it was only a scratch)
and payment for damage.
He is trying to get away without paying what he should.
If he is offering to pay cash he is trying to get it sorted without telling his insurance.

[Gizmonster]

I'm with Eddie on this.
He's obviously trying to avoid going through his insurance, as this claim may hike up his premiums for next year, etc.
You'll get a lot more by going through his insurance, so tell him you want more, or you'll claim through his insurance.

[ct8356]

Can I really push it though? Foolishly I did not take details of the witness (and even so, he did not actually see the crash, just saw me on the floor. Although he did hear the driver admit liability). I'm concerned if I threaten him, he may pay me nothing, and deny liability.

[Gizmonster]

Not that I'd condone this, but a driver reversed into me ages ago whilst in the town centre.
He denied liability saying I'd reversed into him.
Hey presto, I found a witness (even though the "witness" wasn't even in town at the time .... and he just happened to be a friend of a friend) .... can you see where this is gong??

The bottom line is, if he thinks you have a genuine witness, he'll probably pay up, otherwise get yourself a "witness" ......

[EDDIE51]

Yes you will win if you claim on his insurance. He has admitted liability by offering to pay you.
If you do not want to do yourself any solicitor will do it for you, this will cost you nothing his insurance will pay it all.
My son was knocked off his bike in a very similar situation, he was not injured ( apart from a cut knee) but he still got £2000 from the driver's insurance.

[ToraToraTora]

Total BS, he is liable for all losses for the third party, ie you! You can claim if you've scuffed your shoes! Just get his insurance details and claim.

[EDDIE51]

By Law he MUST give you his insurance details, as said just get them and claim. If he tries to get out of it report the accident to the police with details of his offer to pay. On second thoughts report him anyway, he is guilty of careless driving if he hit a cyclist.