Claiming for kit damaged in accident
Question
Last Monday night a Toyota Landcruiser crossed onto my side of the road, he said to avoid a large puddle/flood that had gathered on the road. I obviously tried to avoid him but there was a glancing blow culminating in me sliding down the road and injuring my foot and generally battered and bruised. I was very shook up by this as I guess it could have been a lot worse. My leathers, boots and helmet are now scratched to hell but the insurance company wants receipts for it all if I want to claim for it. The issue I have is I bought my leathers second hand from a mate so how do I go about claiming for them now?
Bob Arnott, e-mail
Answer
Clearly if he crossed onto your side of the road he is responsible for the accident and is liable to compensate you. It doesn’t matter that he did so to avoid a puddle. He should have been going more slowly commensurate with the road conditions and at a speed enabling him to stop safely if required to do so.
If your friend has a record of what you paid and when this may help ascertain the market value of the kit. You are not entitled to claim the cost of new kit from the third party. Typically insurers take off 25% of the cost of new kit and this approach appears to be followed by the courts. I suggest you arrange for 2 quotes for the replacement items and go with the cheapest to mitigate your loss which is your common law duty when making a claim. The third party insurer will probably agree 75% of the replacement cost on the basis that the kit you were wearing was used. It may be that your own bike insurance has a new for old replacement kit clause so do look at this.
You could also consider claiming for the injury to your foot as you are entitled to claim for the injuries as well as financial losses.
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