View Full Version : Put the SV down - is it worth claiming?
Goonermadness
19-03-08, 04:50 PM
Driving home today, a 40-something lady in a silver '08 BMW estate pulled out on me from her (minor) road into my (major) road - my right. I saw her creeping forwards and - MY ERROR - thought she would go no further. She blithely continued onwards and I had to swerve to the left. Bike goes down. I hit my lid on ground. I leap around and swear a lot. I'm only TPFT - as she didn't touch me, is there really any point in claiming? She did say, "It's my fault" initially but a quick call to the husband soon remedied this.
Anyone know where I can get reasonable SV parts on t'internet so I can make it rideable - or at least change into 2nd gear?
(Now, I've only been riding 8 months and this is my first real instance of "I didn't see you.")
ASM-Forever
19-03-08, 04:52 PM
If you have a witness then yes, otherwise then maybe not.
plowsie
19-03-08, 04:54 PM
See if she will admit fault again and ask her if she would like not to go through insurers, saving you both the hassle time and money...you need a witness really though...
Goonermadness
19-03-08, 04:58 PM
Plenty of witnesses there - none came forwards. Her husband told her that it wasn't her fault - over the mobile - and that was that.
And another thing - damn Suzuki crash protector destroyed my fairing! R&G for me next time. I'm most upset about my Shoei, mind.
thedonal
19-03-08, 05:01 PM
If she has pulled out of a side road into your right of way and caused you to come off your bike, then the claim should be against her, so it should make no difference what your policy is.
The Highway code states that you should make any maneuver in a way that doesn't cause other road users to change their speed or move to avoid you- therefore, she is in the wrong, regardless of what her husband said.
Did you get her details? As above, was there a witness?
I'd let it go to the insurance company and let them argue it- right of way is a big decider in this sort of thing (in my experience).
plowsie
19-03-08, 05:01 PM
Contact her and make sure that is her final answer is what I would do, then go shove a Banana or two up her new Beemer exhausts if she said it wasn't her fault.
I don't understand how you've got to this stage. This should not be a matter for debate. You claim, that's what insurance is for. You also should really have sought a witness and written down their details, taken photos of the scene and your bike.
It doesn't get much more cut and dry imho, if you'd hit her we wouldn't be having this discussion would we?
edit: Sorry for the tone, I'm glad you're okay, just don't let them make a fool of you.
chris8886
19-03-08, 05:17 PM
I don't understand how you've got to this stage. This should not be a matter for debate. You claim, that's what insurance is for. You also should really have sought a witness and written down their details, taken photos of the scene and your bike.
It doesn't get much more cut and dry imho, if you'd hit her we wouldn't be having this discussion would we?
edit: Sorry for the tone, I'm glad you're okay, just don't let them make a fool of you.
i definately undertsand not wanting to go through the insurers because despite the fact that it was her fault your insurance company still ask you if you've had any crashes 'regardless of fault' and say they don't hold it against you. but i bet if you did a dunny quote with no accidents 'regardless of fault' it would come up cheaper!!
good to hear you're ok. if she does start trying to put some blame onto you though it's best to go to the insurers to make sure you get as much money as you should.
Dangerous Dave
19-03-08, 05:35 PM
Check out the thread currently on the 'tuning and tweaking' section for SV parts...
http://forums.sv650.org/showthread.php?t=106547
EssexDave
20-03-08, 03:37 PM
Had a similar situation but was in a car...and yes the woman that hit me used "I didn't see you" and yes it was light and it was a straight road....by the by....
I had a couple of witnesses, they stuck around, police came down took their pictures did their thing, she admitted liability. Then took insurance companies about 2 months ofher company saying it wasn't her fault, before they finally had to accept it.
I would personally try and get them to pay for the repairs - if they don't want to i'd definately put a claim in, you could even try scaring her as she could get points or even have her license suspended until she undertakes a course to ensure her driving is safe - as it is potentially dangerous driving. You could use that to your advantage, her husband is talking ******** saying it isn't her fault - it definately is her fault.
Glad your ok - at least its only things that can be fixed that were damaged.
The responsibility is on her to check the path is clear before she pulls out. It's her fault. However, without witnesses it's likley to be a lot of headache to get a claim in. If the bike was new and beautiful and now it isn't I'd go for a claim. There's no damage to her or her vehicle so you can't end up with a claim against you! If it was a bit scrappy anyway and isn't a whole lot worse now then I might not bother.
By the by, always try and assume people haven't seen you, there's no point being in the right if you're dead. Which, I am very glad you're not!
Jambo
Al_Sweetman
20-03-08, 05:10 PM
Surely the highway code states that she's at fault because she pulled out into the path of an oncoming vehicle (yours!)?
yorkie_chris
20-03-08, 09:18 PM
She's definately at fault, it's proving it that'll be the bugger
KeithCRM
21-03-08, 12:45 AM
If you're in the right it's usually worth standing your ground. I experienced a similar incident on an island in the car. Silly c#w pulled onto the island and hit me side on.
She denied blame but cracked after I sent photo's with the claim form and insisted I'd go to court if she contested.
Hope your OK and it hasn't knocked you confidence.
ASM-Forever
21-03-08, 01:58 AM
She's definately at fault, it's proving it that'll be the bugger
Thats it in a nutshell.
Push the claim, you have nothing to lose - she pulled out across you. She admitted liability initially so what her husband says over a mobile phone to her is irrelevant - he wasn't there and he can't be used as a witness as he has no idea of the circumstances and is just trying to save his/her NCB. You had to take avoiding action to save from hitting her car when she neglected to make proper observations, which resulted in you dropping the bike. It doesn't matter if you hit her car or not, she caused you to crash through her own stupidity, therefore she is at fault and liable for the damage to your bike.
Once you have the facts written down on an insurance claim form with a clear diagram of the scene it will be almost impossible for her to claim that you were at fault.
Plenty of witnesses there - none came forwards. Her husband told her that it wasn't her fault - over the mobile - and that was that.
And another thing - damn Suzuki crash protector destroyed my fairing! R&G for me next time. I'm most upset about my Shoei, mind.
Go back to the scene at the same time tomorrow and ask around of the people in the area. Ask them if they will be a witness for you.
Were you hurt, even bruising? If so you suffered an injury it legally needs the accident to be reported to the police. My advice would be to go and get your head checked out at A+E as you hit it on the ground. Once that's done you have the choice of getting the police involved and the threat of that may make her change her mind about admitting liability.
metalmonkey
21-03-08, 06:38 AM
Just to add some photos of where it happened, by a cheap single use don't use digital camera, then the quality of the image can't be contested in court. Yes claim against her, she pulled on in front of you and failed to give presedence as the other vehicle was pulling into your path, not giving way which she (the driver) is required to so.
It will be be **** to prove, I now from experince in trying charge people.
the_lone_wolf
21-03-08, 07:52 AM
It will be be **** to prove, I now from experince in trying charge people.
that's a criminal burden of proof though isn't it? beyond reasonable doubt...
wouldn't this case be settled in a civil court where the burden of proof is the balance of probabilities? if it did go to court she'd have to explain why she was at the junction and made an X minute phone call at the same time the OP was there with a motorcycle on it's side...
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