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-   -   saint's spill (http://forums.sv650.org/showthread.php?t=173734)

saintnick 29-12-11 01:12 PM

saint's spill
 
Aint that typical, just done some work on the bike sorting a few bits an bobs (as in previous posts) and then come to grief.

Muddy farm track, night. May have been a bit over confident as I'd got up to the farm fine, this was on the way back. Touched brakes cautiously but must have been on mud, just touched them, all hell breaks loose. I came off the brakes immediately but no way back from that. Enduro country really. Botty end of nowhere. Luckily local farmer heard the crash, he thought it was going to be worse. Ended up in casualty with a dislocated thumb (smarted a bit ), sprained ankle, bruised ribs, cuts, generally rodgered but fundementally fine.

Mate who off roads around there picked the bike up next day in his pick up. Confirmed I'd hit slurry, prolly going that bit too quick, you don't brake under any circs on that stuff, you make sure you dont need to. As the old dear's residual value is so low, the bike would get written off as the official estimate exceeds value of machine. Brake lever, rear brake lever, bars bent, headlamp shell (housing), rear indicator, end can and link pipe, tank stoved but sortable.

But I'm loathe to do write off as I'd just set her up to suit, and have a fat no claims, so I'm looking for some cheap used bits, see my wanted post. Or if anyone knows of a naked curvy at the breakers, let me know. Cheers people.

andrewsmith 29-12-11 04:25 PM

Re: saint's spill
 
Sorry to hear about your off

You can claim if you can prove that there was slurry on the road.
Farmers and bulk carriers are obliged to leave the highways safe for use in all conditions.
Speak to White Daltons or one of the larger motorcycle legal firms as there is a lot of these in the system and a lot are being won.

saintnick 29-12-11 04:56 PM

Re: saint's spill
 
Ta Andrew.

Although the accident itself took place on what is the public highway - believe me, that is a flattering description - it was basically a (very) unclassified road.

I know the farmer and the land owner and although technically I'm certain you are correct, there is a bigger picture here. For example there is a brook beside the lane at that point and although there had been no rain for a few days, it is very often muddy down there. Secondly, although it does seem there was evidence of slurry, it wasn't a major slurry spillage, I've survived one of those before and that really was horrendous, staying upright was a miracle. Separating out slurry from mud in this case could move us into an area of legal uncertainty. Although I believe there was a degree of negligence involved, I have a feeling proving blame 100% would be a major headache and would bring me into confllict with people I know. Finally, if I can put this to rights for say £250 / £300 I'd probably say that was the value way to sort it, putting rights and wrongs to one side.

Nevertheless you are correct to flag up the liability issue - slurry can cause incredibly serious / fatal accidents, especially on faster roads.

saintnick 31-12-11 04:28 PM

Re: saint's spill
 
just to add looking for bits as per my WANTED post.

My main problem is gonna be the tank, if anyone spots one at a breakers or in the local paper or wherever, let me know. Happy new year. :albino:


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