I wrote off my bike last night - who's fault is it?
 

Morning, ouch
Last night I wrote off my bike going home from work.
Dual carriage way travelling south towards the river.
Driver of the car is in the right hand lane and I was in the left.
He suddenley turn across my lane into a side street on the left.
I was making progress!

I hit his rear bumper on the the side but towards the very rear of the car.

I then did a double sumasault over his car and landed on my back.
I subsequently waited and hour and a half for an ambulance which never arrived and a tow truck which did. i then went home and drove myself to the a&E where i was promptly place on a c board with a collar until they were satisfied I had no spine injurys.

Was this my fault according to the insurance?

Re: I wrote off my bike last night - who's fault is it?
 

No,

Re: I wrote off my bike last night - who's fault is it?
 

mate are you sure.
what about the speed. they might get cctv from a pub which will show most of the accident.

Re: I wrote off my bike last night - who's fault is it?
 

no from your discription and please tell me they stopped and youve got there details

remember dave preston rule number 1
if you walk away from a off ,it was a good one

Re: I wrote off my bike last night - who's fault is it?
 

i do. i had to phone the police because it nearly ended up in a fist fight. the guy actually chased my witnesses away before i could get their details and by the time the police arrived they were all gone!!!!
what if the cctv shows him indicating or something.

Re: I wrote off my bike last night - who's fault is it?
 

Speed is immaterial IMHO, if you were trying to undertake him and other cars, I say 50/50

But he's changed lanes without proper observation and cut you up, leaving you no where to avoid him.

My guess he was a SatNav pilot and only realised he had to come off at that junction until too late.

If I'd been the car driver and seen you, I would have carried on to the next junction or slowed until you'd undertaken me and then taken the exit.

That's my opinion, others may disagree

Re: I wrote off my bike last night - who's fault is it?
 

he moved into your lane ,he could be indicating ,shouting and have someone doing sign language, he made a unsafe manover into your right of way, the onis is on him to complete the manover safely not for you to jump out of his way

Re: I wrote off my bike last night - who's fault is it?
 

Indication doesn't grant a right of way, driver should have looked before crossing a lane of traffic

What were the circumstances before the accident? If he was in the RH lane had he just overtaken you? Were you approaching him? Closing speed?

Re: I wrote off my bike last night - who's fault is it?
 

i was approaching him. speed maybe 40 or so. he was probably going slower

Re: I wrote off my bike last night - who's fault is it?
 

im worried because i hit the very rear of his bumper on the side. could they say that that proves i had suffeceint time to brake or react?

Re: I wrote off my bike last night - who's fault is it?
 

this is my first off on a bike and my first crash in england so i have no idea how all this works or is going to work. im insured third part fire and theft.

Re: I wrote off my bike last night - who's fault is it?
 

Get yourself a good solicitor to sort this out, TPF&T isn't going to pay for your bike to be fixed.

He's still not observed you approaching and taking the appropriate action

Re: I wrote off my bike last night - who's fault is it?
 

If you were going faster than him he could claim you were overtaking on the inside and put some of the blame on you.

I am not in possession of all of the facts though so impossible to say. If you have legal protection call them up and speak to them.

Re: I wrote off my bike last night - who's fault is it?
 

A) Do not admit or make any statement until you get legal advice.

B) Unless there is evidence to the contrary, you were goin at the speed limit and making progress in your lane which was free of traffic.

c) Get the insurance details and start writing. But only to say that the driver is at fault and you will be making a claim. (Also inform your insurers of the accident).

D) It goes without saying, find your witnesses if you can.

E) Be determined and persistent if you want to stand any chance of getting some money back.

Good luck and sorry to hear about your accident. Second the sentiments about walking away from it, lucky man.

Re: I wrote off my bike last night - who's fault is it?
 

thank folks. i will post pics asap. i have called the insurance company and they are getting me a hired bike and a solicitors so all good on that front.

Re: I wrote off my bike last night - who's fault is it?
 

pics taken at night

Glad you are ok.

Sounds like it's his fault but let the insurance investigators worry about who to blame.

So long as you're covered chillax.

Re: I wrote off my bike last night - who's fault is it?
 

Don't rely on the insurance company solicitors to do a good job, some do, some don't.

I know a couple of folk here have used White Dalton, as they are specialist bike solicitors.

See how you get on with yours first mind

Re: I wrote off my bike last night - who's fault is it?
 

Front end is trashed for sure, what else we need more pics.

Still you're ok, that's the main thing

Re: I wrote off my bike last night - who's fault is it?
 

will do when i get a chance

Re: I wrote off my bike last night - who's fault is it?
 

All of the above - do this.

Search for White Dalton Solicitors - they specialise in just this sort of business.

Re: I wrote off my bike last night - who's fault is it?
 

My mum is going through the claim process with White Dalton. They seem very efficient and they know what they are doing, so I would phone them for a chat. Don't get a hire bike unless you are sure you will win the case otherwise you will end up with a massive bill.

Re: I wrote off my bike last night - who's fault is it?
 

the ding in the tank is from my man veg..........they are so painfull!

Re: I wrote off my bike last night - who's fault is it?
 

bike starts fine which is a plus

Re: I wrote off my bike last night - who's fault is it?
 

Yes, its always going to hurt on an Sv

Re: I wrote off my bike last night - who's fault is it?
 

OUCH!:shock:

Re: I wrote off my bike last night - who's fault is it?
 

...........what can I say, thats a BIG man veg, ding ;)

Re: I wrote off my bike last night - who's fault is it?
 

Sorry to hear of this mate! The good advice has already been given. You can choose who represents you, and a specialist bike solicitor makes a lot of sense.

Hope you're feeling better soon, make a not of any and all running expenses!

Jambo

Re: I wrote off my bike last night - who's fault is it?
 

What Runako said was spot on.

What Dan9878 said is well worth bearing in mind!

As for speed, why worry about the driver saying you were going faster than him? Of course you were going bl00dy faster than him as you were going straight ahead in the correct lane and he was slowing down ready to make a left hand turn. If they argue that you hit the back of the bike because you were going too fast, tough...you hit the back of the bike because you were travelling in accordance with the highway code. He crossed your path leaving you nowhere to go.

Solicitors will sort out fault, but the responsibility lies with the person making a manouvre to ensure that the way is clear for them to carry out that manouvre safely.

Chillax, think twice about the hire bike and call White Dalton for some extra advice if your solicitors don't seem knowledgable enough in this area.

Sorry about your off, but at least you don't need fixing...the bike is not as important as you are!

Re: I wrote off my bike last night - who's fault is it?
 

Re: Undertaking. As the law stands you CAN undertake SO long as you have not changed lanes to do so.

ie if you are already in the inside lane and the outside lane suddenly slows down, it is perfectly legal to continue at the speed you were doing.

If you purposely change to the inside lane to go past someone, that is where the problem is.

The fact he "chased your witnesses away" would not go in his favour, it indicates something to hide possibly.

Unless you were caught on a speedcamera, I'd say you were doing the legal limit

Good luck with the claim.

Re: I wrote off my bike last night - who's fault is it?
 

One thing I would check is the Hire Bike you mentioned, as you state you are only TPF-T insurance make sure you are covered for this or you could end up with a large bill if they do not find the driver at fault for the accident.

I'd edit your first post to start.



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Re: I wrote off my bike last night - who's fault is it?
 

to make a left turn he would effectively have to make 2 manouvers changing lane to the elft before turning. Doing both at once is dangerous. He and you will both have to draw the situation, he will probably claim he was in the left lane turning left and you hit him up the ****. Is the dent on the bumper at the very rear or rear quarter/ side of his car? have you got images? Did the police take statements?

Re: I wrote off my bike last night - who's fault is it?
 

Another vote for getting a good solicitor. I've had my fair share of legal disputes and good solicitors are worth the money every time. Insurance company appointed solicitors can be a little crap in my experience.

And no matter what happens with that, you'll be able to make your peace with it, cause at least you walked away. Good luck

Re: I wrote off my bike last night - who's fault is it?
 

Thanks for all the support folks - appreciate it !!

Re: I wrote off my bike last night - who's fault is it?
 

Good luck with it all badsaboy, its sad to see the pics, looked a real nice bike, but main thing is your ok, life goes on.

Re: I wrote off my bike last night - who's fault is it?
 

update:
ive just spoken to the investigating officer from the MET and she's told me that there is no CCTV and there are no witnesses. How does this affect my claim and have my chances now diminished???????
AAAAAAAAAAAARRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRGGG GGGGGGGGGGGGGGGGGHHHHHHHHHHHH

Re: I wrote off my bike last night - who's fault is it?
 

This becomes a case of word vs. word.

What you really need to do is to try and find the witness somehow. Their testimony would be golden.

But, the fact where you hit the car and the fact that he was in the side street (I am assuming) when the police arrived, it would look bad for the other guy on balance of probability.

What you got to remember in that in cases like this it is not for lawyers to prove beyond reasonable doubt like police would have to, it is on a balance of probability and with the damage to both vehicles as it is and the location of the car after the incident (if he is down the road he turned in to) the balance is in your favour

Re: I wrote off my bike last night - who's fault is it?
 

He did end up in the side street he turned into so hopefully it all go's in my favour.
im so stressed about this as its my first accident in this country and my first experience having to do an insurance claim.
ill keep you updated as it go's on.

Re: I wrote off my bike last night - who's fault is it?
 

another thing that has me worried is the fact that i have a aftermarket exhaust. when declaring to the insurance company i was told that I didnt need to to declare it as it didnt enhance the performance of the bike, however if i ever put in a claim the bike would be returned or priced to its original condition. I hope this is the case and i dont lose out due to the exhaust.