Struggling with an insurance claim

Well over a year ago I parked my Kawasaki ZX-6R just outside my driveway on the road. It was also parked horizontal to the pavement, to give you an idea of the position.

A skip lorry was dropping a skip off at my house and the lorry came early one morning. My bike was at least a couple of feet back from the driveway.

As the lorry turned he nudged the bike and it fell on to its side on the pavement. 

My mum seeing out of her bedroom window called me to tell me what had happened.  As I went outside, the builder who ordered the skip and the lorry driver were picking up the bike.

They straightened up quickly and told me they were moving the bike back out of the way.

I then proceeded to tell the driver he had been seen knocking my bike over with his vehicle. This he denied and the builder who was working for us at the time was a con man who fleeced us of thousands.

All-in-all this was not going well.  His number plate and registration I managed to recover, because as I went inside to get a pen he had gone.

Luckily my mum managed to record his details (she’ll make a great detective one day).

Anyway I phoned my insurance company straight away, who I should add, could not understand that I wasn’t hurt even though I told her I wasn’t on the bike at the time.

She proceeded to tell me that the information was suffice to make the claim, and told me to leave it with them.

I explained to her as this was not my fault I shouldn’t be liable for any of the expenses.

She then told me to pay my excess which would be refunded by the lorry drivers company’s insurance.

Regrettably I paid the extortionate £650.00 excess. (for what was about £300 worth of damage).

Being that I knew I would be paid back. Being a simple case I went ahead and used a credit card to pay the money, which turned out to be a mistake.

The other day I received a letter. Here’s what it said.

Accident date: 1 Sept 2008

We write to advise of the position of your claim. The usual procedure is that we would consider the issue of proceedings directly on the third party. Unfortunately in this instance the third party company went in to receivership, which obviously negates us being able to take legal action.

We have liaised with the insolvency company tasked to manage the company’s outstanding debts, and they advise that it is improbable that there are insufficient funds to consider your claim.

We then attempted to pursue the insurers, but again their stance is such that we would be required to obtain a judgment order against the third party before they become liable.

We continue to argue this case with them however it is probable that we will not be able to make a recovery of your losses.

We continue to seek a recovery but must advise you that it is very unlikely and we will have no option other than to close the file.

END

Now I don’t know about you but that letter seems so negative its like I might as well shoot myself now.

In the current economic no job crisis, £650.00 is a hell of a lot of money.  If anyone can help, please reply I will be very grateful.

Ps. This is a funny note. My insurance company phoned me up 3 months after my bike was returned and asked me if I would like a courtesy vehicle.