View Full Version : had an off... worth claiming? * pics added*
had no off this evening.. this ****... ahem twit, pulled out on me.
i'll start from the beginning, just pulled away from the bike aprk next to my office, 40 yrds of straight road until a main junction, so only got up to 20mph ish max. anyway 15 yrds short of the junction as i go past a parked car it pulls out from the kerb into my paat.. i brake (too much :oops: ) and go down. No contact was made but his car ends up 3/4 into my lane with my bike having slid past him. without a doubt would ahve hit him if i hadn't of taken action.
refuses to give insurance details, so i refuse to let him leave until the police arrive... at which point he tells them i was doing 100mph and he'd seen me and was waiting for me to go past and then i just fall off next to his car....
damage, cracked \ scratched fairing, snapped rear brake pdeal, bent front one, smashed indicator... sore hand, :shock:
i've got lots of photos on my phone of post crash positioning and will try and post tomorrow..
so is it worth trying to claim against him, or am i just flogging a dead horse..
khttp://upload3.postimage.org/7490/22_02_06_1841.jpg (http://upload3.postimage.org/7490/photo_hosting.html)
http://upload3.postimage.org/7492/22_02_06_1839.jpg (http://upload3.postimage.org/7492/photo_hosting.html)
If it was 100mph i think the police would be able to tell that you were not by the damage sustained and trail of debris left.
BTW you dont need someone to give you insurance details to put it in as the insurance co can get all the info they need from the reg.
DanAbnormal
22-02-06, 10:08 PM
Claim for it as that guy sounds like a total ****.
Biker Biggles
22-02-06, 10:11 PM
You really need a witness.Did someone from your work see anything?Otherwise it will be very hard to make a case.
got a mobile number of a very nice getting a kebab for his tea...
my big worry as i didnt make contact with him, i'd previously read that this wou;ld basically make it rider error on my behalf.... unless maybe my knee clipped his wing as a i slid past :twisted: ahhh its all coming back to me now.
k
Biker Biggles
22-02-06, 10:22 PM
No,you don't need to make contact for it to be his fault.He pulled out and forced you to take evasive action which causedyou to crash.His fault.But if he denies that you will need some evidence or a witness as it would be your word against his.Could be worth getting advice from one of the specialist lawyers like White Dalton.A witness is everything though.
Spiderman
22-02-06, 10:29 PM
Claim. right away.
Many moons ago i had a simliar situation but i was in the car. :shock: I didnt do what this guy did to you but by indicationg and turning my wheels full lock, while in stationary traffic, made the guy comming up behind on a Transalp loose it and take a tumble. It was pouring with rain at the time and i jumped out to help him up and he addmitted he hit the brakes too hard and locked the wheels. he knew i wasnt going to turn into his path because it was nose to tail, stationary rush hour traffic.
But my insurers paid out :shock: Direct line they were at the time. My argument was that there was no collision and he by his own addmission braked too hard for the conditions and lost grip.
I was riding back then too so you'll understand that i wasnt being a dozey idito like this gy sounds to have been, as i was aware the bike was approaching and simply turned my wheels while i had my foot on the brake so he could see i wasnt about to turn.
I often replay that incident in my mind and try to put myself on his bike, seeing what he saw and wonder would i have hit the deck like he did.
Err, sorry, ramble over..... point being there dont have to be a collision for you to claim. Legaly they see it as his behaviour was enough for you to take drastic action and your binning it was a direct result of him.
hth
Carsick
22-02-06, 10:30 PM
Road Traffic Act (http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880052_en_8.htm#mdiv170)
You very much have a case if you can get enough evidence together.
I say put the claim in, for sure.
What did the police say? Would you have had enough distance to get to 100mph? Did he say how he became so able to judge speeds and if he's so good, why did he pull into your path?
These are all questions that should lead your insurance company to press for his-fault on your behalf.
Jelster
22-02-06, 10:49 PM
Contact these guys: http://www.whitedalton.co.uk If anyone can give you advice it'll be them.
.
If the witness who gave you his number backs you up saying the car came in your path causing you to take evasive action....your home dry mate.....also the car driver lied in front of the cops as i am sure they have seen damage to bikes at speed and know what to expect
Road Traffic Act (http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880052_en_8.htm#mdiv170)
Would you have had enough distance to get to 100mph? .
not without some kind of after burner device... i'd only riden 15m - 20m.. quite embarrassing that you can fall off in the first 4 seconds of a ride.
so what is the process now... i'm TFP&T, only do i still contact my insurers and fill out all the forms from them... or try and find out who he is insured with and fill out their forms..
It was a taxi, was planning on contacting to see if they'd just settle in cash, to save the hassle... £200? rh fairing, front and back brake levers, scratches to mirror... and exhaust (although doesnt look to be worth claiming for, its only on one of the welds on the chamfered bit).
other slight frustration is, i'll hopefully be emigrating in 2 months, so i dont think an insurance claim would be settled by then.
k
Last Action Pimp
23-02-06, 10:03 AM
i should of made a claim when i had my scooter,
i was leaving my house going down my road a bloke pulled out i paniced and locked the rear wheel and fell off. it was icy and he said i came flying round that corner (i didn't go round any corners my house was on the junction)
this may be duff advise, but you have the witnesses phone number, phjone him, check he is willing to give evidense, as if he is not or"cant remeber" its get more complicated...unless the other guys car was still in the position it was in to make you crash when the police arrived and they logged it and you have the policemans officer numbers...
You can deffinately claim but for your sake make sure you have the support for your claim before you do...unless you want to claim for th damage anyway...
andy
Carsick
23-02-06, 12:32 PM
Road Traffic Act (http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880052_en_8.htm#mdiv170)
Would you have had enough distance to get to 100mph? .
not without some kind of after burner device... i'd only riden 15m - 20m.. quite embarrassing that you can fall off in the first 4 seconds of a ride.
In that case, do you have any witnesses of you leaving work? If you do and he's said to the police that you were doing 100mph, then that should see him nicely discredited and will help.
No ideas about the process, though, I'm lucky enough not to have had to do it, just yet.
well got the claim going through.. Direct choice, seem - at the moment, to be on the ball and have assigned a solicitor under my legal cover to recover losses.
so i've not described the accident to 4 people, and have 3 different reference numbers..
awaiting the forms and then we'll see.
on the snapped brake lever front, is it safe just to drill a hole and put a bolt through it for the time being?
k
Carsick
23-02-06, 01:21 PM
A bolt is the standard fix.
Hope it all goes well for you.
on the snapped brake lever front, is it safe just to drill a hole and put a bolt through it for the time being?
k
I would check with the legal services before doing anything to your bike. I was told if I fixed anything before it had been assessed then it invalidates the claim. So if you fix the brake lever then you won't be able to claim for damage to the brake lever.
afternoon..
well the saga continues.. as everyone who's had an accident probably knows.
i've had biker legal defence call and offer me a hire bike 'for as long as it takes'. apparently its at no cost to me (need to check the small print) and its because my bike is not road worthy following the accident.
In fact its only the back brake lever that stops it being road worthy... so do i accept a hire bike and not do my £1 bolt repair to the back brake lever.. it seems a little morally wrong.
although at the same time, a hire bike charge may well speed up the third party insurers paying out.
any views \ experience.
karl
although at the same time, a hire bike charge may well speed up the third party insurers paying out.
any views \ experience.
karl
I wouldn't bet on it! I am also with Bikers Legal Defense for my hire vehicle though I have a hire car rather than a hire bike as I couldn't (and still can't) ride a bike.
Three weeks tomorrow and only yesterday did the third party insurance get their **** in gear and do the assessment on the bike.
According to my solicitors, they have to give the other insurance company at least 3 months to accept liability. Going through insurance takes a long long time.
JediGoat
23-02-06, 07:24 PM
so do i accept a hire bike and not do my £1 bolt repair to the back brake lever.. it seems a little morally wrong.
Yes, yes, yes, yes, yes.
I crashed through no fault of mine and was TPF&T, so I'm guessing your claim will follow a similar route. The folks giving you the hire bike will charge the other person's insurer a small fortune for the daily hire (e.g. the ER-5 I was given was £72 per day!). This does tend to 'encourage' them to pay up for repairs quicker.
As you are TPF&T, your insurer will not pursue the claim - they appoint one of these hire companies to do it on your behalf...but the hire company won't start the process until you take a hire vehicle.
One word of advice - you will be offered to take out a small insurance excess protection policy for the hire bike (these are normally around £1-£2 a day, and capped at around £50). If you do pay for this (up to you, but they do scrutinise the bikes when you give them back), make sure you get a receipt, and forward it to your solicitor to add to your uninsured/personal losses claim.
HTH
Jo
P.s. I think you'll be lucky to get it all sorted before you go away, although you may well get the money for the bike damages. My accident was 30/08/05 and I found out today that Zurich have finally made me a personal injury offer.....but I have to wait until tomorrow for my solicitor to review it and tell me what it is :evil:
thanks for all the advice guys, will sort out a hire bike tomorrow.
was riding home tonight and didnt think all felt well at the front... it felt like it was pulling or twitching to the left when i pulled the brake... although could be being paranoid as it generally felt a bit twitchy at the front. any ideas?
i reckon i'm just being hyper tuned into anything at the front.
thanks
karl
SVeeedy Gonzales
23-02-06, 09:32 PM
Could be damaged/bent forks. Had that on an ER5 after being rear ended and it was written off despite still being able to ride it home.
I was with bikers legal defence then and they were pretty good - husband and wife team that run the company. When faced with £50+ a day hire charges most insurers admit liability quite quickly, and I don't think they'd offer this unless from what you told them they thought that you stood a good chance of winning the case and getting the fees paid by the third party.
cheers for that sveedy... i think i'm becoming a bit more trusting off them. just a bit suspicous at first.
I assume they cover all the servicing costs, tyres etc... looks like a i might put a few thousand miles on their bike if it drags over a couple of months.
I bet they don't have heated grips either... :(
k
ask for them then, those who dont ask dont get, and if you dont get even when asking you dont lose anything other than the minute it took to ask...
Forks may be twisted slightly hence front end twitchyness, worse the frame is bent at the headstock (although unlikely from the little i can remember of your crash), basically DO NOT ride it, anything bad happens you are in the brown stuff, not worth the risk, especially with a hire bike round the corner. If you need to take time of work because of injuries or no transport, take it of and add it to the expenses that are incured.
If you are injured go to the doctors imeadiately...better yet the hospital, (GP said to me i strained a tendon...operation shows massive damage of torn cartilage and ruptured ligament...GPs=no good imo) If your not injured dont claim, as itll add to our premiums and i hate scrots that claim when they aint hurt...
Good luck with the claim!
Andy
slightly sore and bruised shoulder but not making a PI claim....missus works for a set ambulance chasers, very surprised they havent been around 'to see how i'm doing'
as you said it adds to the premiums... as do hire bikes :oops:
no one minds if you need them, and quite frankly if you were in a car you have a hire care straight away, so you should have a replacement bike...
no one minds as long as things are genuine etc...thats all my point was...(in a roundabout way)
andy
SVeeedy Gonzales
24-02-06, 09:10 AM
They gave me a brand new ER5 with 0 miles on it, which was better than the 3 year old one that got smashed. No mention of running it in or changing the oil, etc. and I was slightly ashamed that at 2000 miles when it went back the original oil was still in there and I'd been thrashing it with little regard for the kwak run-in schedule that I already knew :oops: Mind you, at £50 a day for 2 months they could get another new ER5, so what the heck.
It came with the irritating datatool 3 alarm and even more irritating indicator bleepers :evil: not sure if all their bikes do, but you'll soon find out.
DO clean it and oil the chain and make it look nice before they take it back or you'll risk losing the 50 quid deposit. And don't drop it as you'll be liable for any damage (if they still have the same third party insurance they used to).
I always go for the personal injury bit - I'm on my third case now. You might feel alright at the time, just scuffs and scrapes, but stuff like that has a habit of coming back and knocking you years down the line - get the cash and enjoy it while you're young and not suffering from back pains.
Biker Biggles
24-02-06, 08:53 PM
A small and reasonable PI claim is a must in my book.The reason for that is they will do you down on your damage claim.You will have endless grief getting a proper and reasonable settlement and they will take twice as long about it as you ever thought possible.The PI claim will compensate you for this.
SVeeedy Gonzales
25-02-06, 09:54 PM
A small and reasonable PI claim is a must in my book.The reason for that is they will do you down on your damage claim.You will have endless grief getting a proper and reasonable settlement and they will take twice as long about it as you ever thought possible.The PI claim will compensate you for this.
That's true... It's been said (in as vague terms as insurers/solicitors are willing to say it in) that the injury claim is effectively also a way to claim back for your time and inconvenience over the whole affair, which there's no legal way to claim back. Obviously it's main aim is to cover the injury but even with minor injuries it's worth a grand.
Mine are:
£1100 for minor wrist sprain and graze to hand
£1500 for bruising to skull (wearing a wooly hat on a pushbike) and some stiffness to shoulders and back
£2750 for getting knocked unconscious and plenty of scrapes and bruises.
The last one was at 70mph and could have easily been fatal or serious maiming if I'd hit anything other than the road after the impact. I suspect the last one is a bit higher because of that factor, but I'd rather have 3 minor ones than one of those again. For the money I'd get :wink:
thanks for all the advice guys.
i got my hire bike delivered yesterday, silver naked pointy, so at least im mobile again.
not going to bother with a PI. my hand and shoulder are completly back to normal.
so, just waiting for all the forms etc and an insurance assessor. I tihnk once he's seen the bike i'll get it back on the road, only needs a front brake lever, a bolt through the back one and a bit of tape on the indicator for now.
they're charging £81 a day for the hire bike.... unbelievable amount of money. chatting to the guy who delivered the bike and apparently BLD made £1m in the first year, £10m in the second and are up for £45m this year and now have 1200 bike!!.
now thats why our insurance has gone up.
k
lol, enjoy the bike while you have it...abuse it but dontr damage it :p especially at £81 a day!
also i admire your honesty on the pi claim, although it often isnt worth the extended time wait and so on imo
andy
Rob S (Yella)
27-02-06, 02:07 PM
Those pics say it all,
He pulled out on you.
If you were speeding your bike would have left a much longer mark in the road.
lol 100mph with that t junction 20-30 yards ahead...i think not!
good luck
andy
i think the pics could show, playing devil advocate.. if i hadnt braked i could of made it past him..
but it takes a brave man to ride AT a car pulling out on you..
enjoyed the sit up and beg version of SV a bit more this morning.. still want mine back though
k
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