Medway hit, and run !! Insurance claim ??

[Col]

.............. Also, I didn't yet dig up anything on your rights to pursue insurer directly, and for property damage only (as opposed to PI) I'm not sure you can,.........

I'm curious what would happen if the insured person was killed in the accident? He couldn't complete a claim form, so how would you claim under those circumstances, or does that come under a separate set of rules (law)?

EDIT Doh! Just seen the post by strakeryrius

 

[lovezoo]

Given that the guy is a liveaboard, in personam or in rem are (from a practical point of view) going to have the same challenge - i.e. you have to find him first. And when you do, the cheapest option is to offer him the filled in claim form and ask him for his signature. If he is totally unreasonable and refuses to sign, your next step is to consider whether you want to spend £500 repairing your boat or £1000 pursuing legal options.

I wonder if the insurance company would be more co-operative if they knew you were prepared to go down the legal route and (eventually) claim your legal costs against them also?

 

[David of Essex]

Yup, I see your point Searush and I saw that those words could be taken to mean a cricket bat/kneecap interface specialist firm, but I have had the pleasure of meeting David of E (and C, his SWMBO) and I'm quite sure he is much nicer and smarter than to suggest such a thing (it being a totally stupid thing to do imho, unless you're happy to endure the revenge visit the following week)

Perceived can sometimes greater than actual. I am not an aggressive person but I have seen the results of gaining CCG and then being dumped on your backside. If the person who committed the accident had intended to honour his obligation, the first thing he would have done was to have given a contact telephone number, in this case he didn’t. Find where he is berthed and put him straight that you our not prepared to be messed about. This is the amount for the damaged you have caused, are you going to pay cash or put through your insurance?.
Step 2 is up to you.
David

 

[lovezoo]

Good point - give him the option to pay cash on the spot, or sign the claim form, or have his boat impounded and sold.

 

[jfm]

I have seen the results of gaining CCG and then being dumped on your backside. David

Sure, but we're at crossed purposes. Once you have a CCJ, which is what you are referring to, the debt is then legally owed to you and you can hire debt collectors/bailiffs, etc, including the heavy sort if a can-pay debtor still dishonourably/aggressively refuses to pay. It all depends on the circs, but I wouldn't criticise you for doing that in appropriate circumstances

In contrast, Searush thought that you were recommending in your post that OP cuts out the whole CCJ process and just sends the boys round to inflict diy justice, which is an entirely different thing. This diy justice is what I said was stupid (you could think of lots of other words to describe it too)

 

[Firestone]

Have you tried this, www.123people.co.uk/s/firstname+lastname . This could help find further contact details on said individual.

 

[Icarus39]

Legal expenses insurance

Even though you have third party only insurance, did you pay for the legal expenses cover (usually about 15 or 20 quid) ?
If so then call your insurers and ask for the contact details of the legal cover team. They will pursue him on your behalf for no cost to yourself.

This is a very good and effective option. Personally, I think this cheap cover is worth every penny. I insure with Towergate Mardon who are brilliant. I went to my last boat (in Holland) to find a tanker in the river had hit a bridge causing an oil spill which had contaminated the marina. The at fault insurers steam cleaned all the pleasure craft but in the process damaged antifouling, etc.

I called the P&I insurers of the craft who agreed to pay my estimated 950 euro expenses to lift out, anti foul, polish hull, etc. Then I heard nothing from them. They ignored calls, didn't reply to emails, etc.
I set my legal cover in to action + they sent 1 letter and 1 week later the money was in my account. Best 15 pounds I've spent in a while.

Make sure you pay for the legal cover .... worth every penny in a situation like yours ...

Best of luck

 

[skomer]

2009 Lamdon 58 Widebeam barge
Possibly under the name of 'Peter's Boat'
Last verified sighting Thursday 5th May Folly Point, Medway
Could be heading for Reading

All information gratefully received

Image supplied by Medway Bridge Marina

Have you found him yet? If not, I'm pretty sure I saw him moored up near the Blue Anchor pub on the north bank of the Thames up river of Hammersmith Bridge about 10 days ago. Quite well hidden amongst the other barges though. The only reason I remember is that it looked so clean compared to all the others.

Paste this into google maps:

51.489266,-0.2317

Good luck!

 

[sjoukje]

Have you found him yet? If not, I'm pretty sure I saw him moored up near the Blue Anchor pub on the north bank of the Thames up river of Hammersmith Bridge about 10 days ago.

Good luck!

Thank you for this. I haven't managed to track him down yet, this could be my first real lead. I will be in London on Thursday so will check this out then.

I'm still trying to get confirmation on whether this barge went through the Thames barrier or has entered the non-tidal Thames at Teddington.

Will keep you all informed of the progress of this search.

 

[sjoukje]

Even though you have third party only insurance, did you pay for the legal expenses cover (usually about 15 or 20 quid) ?

Make sure you pay for the legal cover .... worth every penny in a situation like yours ...

Best of luck

Wise words ! Unfortunately legal cover was not offered with my third party policy, so I do not have any cover. I will definitely take it in future as I did not realise that if the other party does not report the incident that the insurance company could refuse to deal with the claim.

Glad that you got your damage to your boat sorted out quickly and I will check out your recommended company at renewal time.

 

[skomer]

Thank you for this. I haven't managed to track him down yet, this could be my first real lead. I will be in London on Thursday so will check this out then.

I'm still trying to get confirmation on whether this barge went through the Thames barrier or has entered the non-tidal Thames at Teddington.

Will keep you all informed of the progress of this search.

I asked a friend to check it out this morning and it seems it's not the same boat. I'll have a pic later today to double check. Sorry to get your hopes up.

 

[skomer]

Here's alink to the barge at Hammersmith. Unless it's changed since the original pic was taken I don't think it's the same boat.

http://www.odserv.com/barge.jpg

 

[sjoukje]

Here's alink to the barge at Hammersmith. Unless it's changed since the original pic was taken I don't think it's the same boat.

http://www.odserv.com/barge.jpg

Unfortunately that's not the barge but thank you for posting the original sighting and a bigger thank you for sorting out the photo, saved me a diversion through Hammersmith on Thursday.

 

[pappaecho]

Such problems are identical to the Motor Insurance market. Unless the person at fault reports the incident to his insurance company, they wont play ball. Regretfully you will have to sue him for the damage. To get the ball rolling I would report the incident to the Medway Ports Authority and the PLA. Cite the name of the boat, and the owner if known. If you are making a claim on your insurance policy, make sure you tell them the other insurance company name. Finally Medway Bridge Marina, may have a clause requiring the boat when moored at their facilities be insured against third party claims. If that is the case I would claim against the Marina, in view of the owner not informing his insurance company, hence making their requirement invalid, and now unenforceable. Stir up as much trouble as posssible - you hav nothing to lose!

 

[Richard Shead]

Unfortunately that's not the barge but thank you for posting the original sighting and a bigger thank you for sorting out the photo, saved me a diversion through Hammersmith on Thursday.

If this has passed Teddington, unless it has been lifted, I am more than certain that the Thames brigade (and that includes me) would have seen it, I even look out for it on my run (three times a week) along the tow paths of Tedd, Richmond, twick and Kingston.

I am out on the boat a bit further up on Sunday in a marina full of barges so will have a look.

To add - I don't know the width etc but she may have peeled off at Limehouse or Brentford and onto the canals, maybe worth a punt on a canal boat forum, Jim Shead (Google him / absolutely no relation) has a good database

 

[David of Essex]

Such problems are identical to the Motor Insurance market. Unless the person at fault reports the incident to his insurance company, they wont play ball. Regretfully you will have to sue him for the damage. To get the ball rolling I would report the incident to the Medway Ports Authority and the PLA. Cite the name of the boat, and the owner if known. If you are making a claim on your insurance policy, make sure you tell them the other insurance company name. Finally Medway Bridge Marina, may have a clause requiring the boat when moored at their facilities be insured against third party claims. If that is the case I would claim against the Marina, in view of the owner not informing his insurance company, hence making their requirement invalid, and now unenforceable. Stir up as much trouble as posssible - you hav nothing to lose!

Make sure you put everything in writing, ask all authorities to disclose any information they have as to the where about of then named boat. If you can include, a written statement from a witness all the better. It is surprising how much information is held and can be devolved under the freedom of information act.
David

 

[Andrew_Fanner]

I am heading upriver Saturday morning from MTYC to Windsor so will keep a lookout on the various moorings freqented by barges. I'll have a word with the local keeper as well but I'd guess Teddington Lock would have commented by now had the thing gone through.

Just occured to me that there could be some mileage in asking Richmond Lock incase it had to use that.