Put the SV down - is it worth claiming?

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.")

If you have a witness then yes, otherwise then maybe not.

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...

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.

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).

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]

Originally Posted by sinbad

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.

Check out the thread currently on the 'tuning and tweaking' section for SV parts...

http://forums.sv650.org/showthread.php?t=106547

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.