The insurer has promised to ‘conclude this matter as quickly as possible’ as claimant reveals exhaustion at lengthy delays and frustration that ‘no one in this process seems to give a toss’
Joanna Davies, a cyclist in Hampshire, believes insurer Aviva is stalling on delivering her claim payment after she was run over by a partially sighted motorist who admitted liability, reported The Guardian.
Describing the incident, which occurred over a year ago, Davies explained: “I was cycling home on my new electric bike of three weeks when a driver ran me over from behind.
“My bike and I were pulled under his car. A witness later described how he had carried on driving because he thought he had hit a traffic cone.”
At this point Davies blacked out as she was dragged around 20 metres by the elderly driver.
“When I came to, I was being dragged along with my head inches from the rear wheel arch before I was able to free myself and roll away,” she continued.
“The driver carried on another 30m with my bike under his car and only stopped when other motorists forced him to pull over. Had I not been wearing a helmet the worst could have happened, and it was the most unbelievably terrifying event.”
The driver who hit Davies had his car impounded by the police at the scene due to having poor eyesight. He also admitted liability for the accident, was successfully prosecuted for driving without due care and attention and was later banned from driving.
Despite this action, Davies said that Aviva’s lawyers have so far refused to accept that she needs a new bike or that the clothes the paramedics had to cut off her at the scene need to replaced.
Davies, who runs a tea shop in Lymington called the Gilded Teapot, appointed law firm Bott and Co to pursue a claim against Aviva, to cover the cost of her bike, cyclewear and income while she was unable to work.
To assist with this, she kept a recovery diary, which tracked everything she had to spend on taxis and trains while she was on crutches. She also took photos of her injuries. Her accountant calculated her loss of earnings.
Davies told The Guardian that Aviva has offered just over £5,000 in compensation - less than half of the £11,000 she has claimed. If it goes to court, she could be waiting another year for her claim to be resolved.
The continual delays to date have led Davies to become “exhausted”.
She said: “Basically, I’m exhausted. It’s really distressing to have to keep advocating for how much this crash has affected me. Apart from the police and the amazing paramedics, no one in this process seems to give a toss.
“The driver’s insurance seems to think I’m fraudulent, but I’ve sent absolutely everything which proves I’m not. I just don’t understand why this is happening.”
Aviva told The Guardian: “We were very sorry to hear of the accident and the injuries Ms Davies sustained in her road traffic accident.
“We have reviewed the details of the claim and confirmed liability but are still awaiting basic information.
“We’re going to be in touch with Ms Davies’ solicitors to try to conclude this matter as quickly as possible.”