Claiming for battered kit

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How do I claim for my battered secondhand kit?

A Toyota Landcruiser crossed onto my side of the road a little while ago, he said to avoid a large puddle/flood that had gathered on the road. There was a glancing blow culminating in me sliding down the road, injuring my foot. 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 used from a mate so how do I go about claiming?

Bob Arnott, email

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Answered by Andrew Campbell, Solicitor and author of the MCN Law column.

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 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 two 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 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. 

 

 

And if you’re looking to buy a new two-wheeled companion to insure visit MCN Bikes for Sale website.