View Full Version : Very much WTF
captainsmelly
09-06-09, 03:57 PM
I had a phone call from my insurers yesturday, following up from when some pillock :smt097 bumped me off in october or november last year. I was unhurt, bike had a cracked fairing from when it fell over. That is the extent of the damage (plus a lot of anger from me) :smt014
The to55er is suing me for whiplash.
Jamiebridges123
09-06-09, 04:01 PM
"Sorry it's taken you 7 months to report a whiplash?"
Plus he hit you, thus it's his fault, as is life.
'Nuff said.
how very very random.
How can a tiny bike give a bloke whiplash when the car hit the bike.
Can the insurance not see this is just ******** and report him to the police for insurance fraud?
SoulKiss
09-06-09, 04:13 PM
He hasn't yet commited fraud (I dont think - that would only happen after a pay-out)
Its like the story of the guy that bought some expensive cigars, insured them for fire damage, smoked them then claimed.
The policy paid out, but then they got him for arson.
So may be some legal jiggery-pokery in the background as to why he hasn't yet been told to feck off.
Thingus
09-06-09, 04:14 PM
What? How the **** can you get whiplash from hitting a bike? Even if the bike hit you he/she would be to be going 4billion mph to cause any kind of huge jolting impact.
SoulKiss
09-06-09, 04:15 PM
What? How the **** can you get whiplash from hitting a bike? Even if the bike hit you he/she would be to be going 4billion mph to cause any kind of huge jolting impact.
Its the V-Twin torque, obviously....................................... :clown:
Its the V-Twin torque, obviously....................................... :clown:
thats right, power is how hard you hit the car, torque is how bad whiplash you give them :cool:
surely it's his fault? How can he claim from you?
you didn't chin him, did you? that could case some whiplash!
captainsmelly
09-06-09, 04:22 PM
"Sorry it's taken you 7 months to report a whiplash?"
Plus he hit you, thus it's his fault, as is life.
'Nuff said.
No witnesses, he's disputing liability
Somehow.
What? How the **** can you get whiplash from hitting a bike? Even if the bike hit you he/she would be to be going 4billion mph to cause any kind of huge jolting impact.
I was stationary in traffic he litterally bumped me till I fell off
surely it's his fault? How can he claim from you?
That's what I thought, seeing as he hit me from behind!
captainsmelly
09-06-09, 04:23 PM
you didn't chin him, did you? that could case some whiplash!
I wish I had. I reely reely do
jamesterror
09-06-09, 04:35 PM
hes suing you for knocking you off?
what a c^%t
MiniMatt
09-06-09, 04:35 PM
I suspect he's just seen one of those "have you had an accident in the last two years" adverts and come to the conclusion that he's not to blame for anything, that he can blindly go through life with his eyes firmly closed and it'll be someone else's fault every time.
Won't take long before it crumbles, I suspect it's just at the "send initial letter out, see if other side flakes out, otherwise we drop it" stage.
EDIT: And I'm *fairly* sure that there's just about no circumstance possible where hitting the rear of another vehicle is anything other that the hitter's fault - either he wasn't paying attention or he was too close to allow proper stopping distance? And where are the medical records to indicate he's been suffering whiplash all this time?
hate scabs like this. fingers crossed another vehicle will bump him in traffic next time, hopefully it'll be a tank. No claiming for whip lash then :-)
captainsmelly
09-06-09, 06:25 PM
EDIT: And I'm *fairly* sure that there's just about no circumstance possible where hitting the rear of another vehicle is anything other that the hitter's fault - either he wasn't paying attention or he was too close to allow proper stopping distance?
I (in a car) hit another car up the rear a couple of years ago, I'm still struggling to prove it was not my fault despite the fact he drove out of a car park and across 4 lanes coming into mine so close to me and moving forwards so slowly that I would have rear ended him if I was walking. :(
This time, the guy who hit me done it intencially (sp?). He was in non moving traffic and I saw him laughing when I tried to attract his attention to the fact he was bumping me :smt093
he is obviously a tosser
Oh yes
northwind
09-06-09, 06:39 PM
Are the insurers fighting it for you?
PS, not entirely a useful addition but your car is ****ing awesome.
mike_avfc
09-06-09, 07:01 PM
he's got zero chance unless he went and reported it immediately. which he probably didn't.
it is for him to prove that he got that as part of the incident with you.
It may be worth you considering something like that anyhow, or if you scuffed your leathers during the incident !
I personally think you should only claim for what was damaged and nothing else.
Nostrils
09-06-09, 07:24 PM
This bloke is pulling a fast one. What have your insurers been doing all this time? It seems the insurance companies are in battle with themselves rather than working for the interests of the insured (you). I would seek separate advise from either a no win no fee company, solicitor, The AA (if you are a member, use their legal department) or take over the claim yourself threatening court action.
This makes me so furious, I hate insurance companies at the best of times, but I hate scammers even more.....I want to go and lamp this guy for you....
Samurai Penguin
09-06-09, 07:54 PM
Sounds like the old 'if you drop your claim against me, i'll drop my claim against you' malarkey.
Clearly you need these people...
http://www.whitedalton.co.uk/
PsychoCannon
10-06-09, 07:44 AM
He hasn't yet commited fraud (I dont think - that would only happen after a pay-out)
Its like the story of the guy that bought some expensive cigars, insured them for fire damage, smoked them then claimed.
The policy paid out, but then they got him for arson.
So may be some legal jiggery-pokery in the background as to why he hasn't yet been told to feck off.
BWAHAHAHA priceless!!!
Same, I got whacked by a 4x4 school run mum not looking where she was going and pulled out on me, I walked away fine with nothing more than a bent wheel and a bad temper and she sued me for whiplash!! I would of had to be doing near 100mph on my SV to shift this tank!
She allegedly took 6 months off work it was so bad! some people will try anything.
gruntygiggles
10-06-09, 08:34 AM
BWAHAHAHA priceless!!!
Same, I got whacked by a 4x4 school run mum not looking where she was going and pulled out on me, I walked away fine with nothing more than a bent wheel and a bad temper and she sued me for whiplash!! I would of had to be doing near 100mph on my SV to shift this tank!
She allegedly took 6 months off work it was so bad! some people will try anything.
I bet her husband or someone close to her was a biker and so she couldn't face admitting she'd hit you and made it out to be all the other way around so as not to have to deal with the guilt and lectures!!!
gruntygiggles
10-06-09, 08:42 AM
Right, if you really want to make this go away, get some proper legal advice specific to motorcyclists and have them take this over for you. You need to ask your legal representative if the other party has any medical evidence from the time of the incident to show his supposed injuries were a result of the impact (you know they won't, but you're doing the right thing by asking). Then, when you have been satisfied that the other party cannot pursue this claim, make a trip down to your local police station and talk to them about what happened. I'm pretty sure that there's nothing they can do now about it and as you have no witnesses, you can't prove that he bumped you intentionally. However, if you sit down with an officer, be really calm and just say that initially, you let it go because you knew it couldn't be proven and you wanted to keep the peace and let the claim go through....BUT, now that you have had this ridiculous claim, you are sure that this guy has a problem and that you worry that if he did it to you, what's to stop him bumping other bikers off.
When you make an official complaint, they have to follow it up. Obviously, not much will come of this, but it will be kept on his record, it has to be. It's not a criminal record of course, but the complaint is filed and so, if it happens again, your complaint could help secure charges against him.
Good luck mate and have a laugh at his expense because he's not going to get anywhere with this claim.
If you are stationary in traffic and you get hit from behind it is not the 'stationary' driver's fault. It is the fault of the driver who hit the stationary vehicle FOR NOT PAYING DUE CARE AND ATTENTION!!
stand your ground.
yorkie_chris
10-06-09, 03:10 PM
Clearly you need these people...
http://www.whitedalton.co.uk/
+1
Also listen to gruntygiggles.
captainsmelly
10-06-09, 03:43 PM
Right, if you really want to make this go away, get some proper legal advice specific to motorcyclists and have them take this over for you. You need to ask your legal representative if the other party has any medical evidence from the time of the incident to show his supposed injuries were a result of the impact (you know they won't, but you're doing the right thing by asking). Then, when you have been satisfied that the other party cannot pursue this claim, make a trip down to your local police station and talk to them about what happened. I'm pretty sure that there's nothing they can do now about it and as you have no witnesses, you can't prove that he bumped you intentionally. However, if you sit down with an officer, be really calm and just say that initially, you let it go because you knew it couldn't be proven and you wanted to keep the peace and let the claim go through....BUT, now that you have had this ridiculous claim, you are sure that this guy has a problem and that you worry that if he did it to you, what's to stop him bumping other bikers off.
When you make an official complaint, they have to follow it up. Obviously, not much will come of this, but it will be kept on his record, it has to be. It's not a criminal record of course, but the complaint is filed and so, if it happens again, your complaint could help secure charges against him.
Good luck mate and have a laugh at his expense because he's not going to get anywhere with this claim.
I reported it the day after to the police, wrote a statement etc and got a letter back a couple of months ago effectively saying '**** Happens. Not our problem'
(and Cheers Fizzwheel!)
I reported it the day after to the police, wrote a statement etc and got a letter back a couple of months ago effectively saying '**** Happens. Not our problem'
(and Cheers Fizzwheel!)
So, what are you doing about it now then? Do tell!!!
Biker Biggles
10-06-09, 04:46 PM
You need legal advice.Dont just ignore it because you are not at fault.You need to respond legally or you could find yourself being held liable by default.Id ask about putting in a counter claim.
Samurai Penguin
10-06-09, 05:05 PM
The Police are unlikely to take action on a non injury road traffic accident. If they investigated every shunt on the road they would not have enough manpower to set up roadside 'safety' cameras :D
gruntygiggles
11-06-09, 07:00 AM
I reported it the day after to the police, wrote a statement etc and got a letter back a couple of months ago effectively saying '**** Happens. Not our problem'
(and Cheers Fizzwheel!)
And that's pretty much what I would expect, but did they know the name of the car driver? If they did, then fine, the complaint will have been recorded and a file opened under his name in order to store the report (according to my copper mate), I think on computer. Thats all you can really hope for as by now it is too late to ask them to do any more. If they didn't have his name then, go back, give it to them and also tell them that you believe he's a danger on the roads because not only did he shunt you like that, but is now attempting to commit insurance fraud.
Most important though....go get legal advice and good luck!
He hasn't yet commited fraud (I dont think - that would only happen after a pay-out)
While I'm in work, currently training to be a high-risk insurance claims investigator (mobile phones+laptops, not vehicles, don't worry!), he's already committed fraud under the Fraud Act 2006. As soon as he made a knowingly dishonest statement to a system for the purpose of personal gain, he's commited fraud. If he gets the payout, it's also theft. HTH ;)
While I'm in work, currently training to be a high-risk insurance claims investigator (mobile phones+laptops, not vehicles, don't worry!), he's already committed fraud under the Fraud Act 2006. As soon as he made a knowingly dishonest statement to a system for the purpose of personal gain, he's commited fraud. If he gets the payout, it's also theft. HTH ;)
So if person A sues person B for something that they eventually prove they didn't do, can person A be sued for fraud?
Can you also be found guilty of perjury if you plead not guilty and are eventually found to be guilty?
i had this too i was on a round about and a woman cam from one of the side roads off the round about without stopping, i cliped the back of the cars and came of ending up under the bike with the bike under her wheel and she undone her window said sorry and drove over my bike and dissapeared for 45 mins. She then tried saying it was my fault and that she has wiplash. Eventually they admitted liabilty but only because of my legal cover form my insurance. Although its now going to court over the unisured items. Its all a big game to them, and he is trying to pull a fast one, wiplash is the first thing everyone goes for because there is no saying how fast an impact can cause wiplash and the symptoms iirc are very easy to fake because doctors cant rule out wiplash. but you always get the ****s like that who are trying to pull a fast one
So if person A sues person B for something that they eventually prove they didn't do, can person A be sued for fraud
2 Fraud by false representation
(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) “Representation” means any representation as to fact or law, including a
representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it
(or anything implying it) is submitted in any form to any system or device
designed to receive, convey or respond to communications (with or without
human intervention).
So in the instance of A suing B over something that is later proven to be untrue, A could be found guilty of fraud providing that it could be proven that A made a representation to the court that he knew was, or might be, untrue or misleading.
As an example, we'll have X and Y. X becomes very, very drunk one night, and passes out for 2-3 hours on Y's property as he's trying to make his way home. Y notices X there and rouses him and sends him on his way. The next day, Y puts in an untrue complaint to the police that X caused his property damage, and X cannot remember what happened, other than having vague memories of being on Y's land. In this case, Y has fabricated a story, and knows that his representation to the police is untrue, and is therefore fraudulent.
Edit: Apologies for derail!
EDIT: And I'm *fairly* sure that there's just about no circumstance possible where hitting the rear of another vehicle is anything other that the hitter's fault - either he wasn't paying attention or he was too close to allow proper stopping distance? And where are the medical records to indicate he's been suffering whiplash all this time?
Yeah but Cap'n Smelly obviously stuck it in reverse & floored it :roll:
captainsmelly
12-06-09, 02:36 PM
Yeah but Cap'n Smelly obviously stuck it in reverse & floored it :roll:
Darnnit Stu that was a secret
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