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Old 11-09-06, 12:09 PM   #1
Wootan
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Default First Crash... opinions please

Had my first accident this morning and my insurers are saying it will probably be 50/50 and just wanted to get your opinions.

I was filtering past stationary traffic, somebody flashed a guy out from a side road and he pulled out straight in front of me. I'm always looking for people pulling out but he came out from behind a van on the other side of the road. I had nowhere to go except straight into his front nearside wing and over his bonnet. I have pictures of skid marks to show I was on the correct side of the road and a witness who saw the bloke being flashed out and he heard the "flasher" shout stop when he saw me. I'm fine, slightly stiff back but nothing serious, my bike is looking pretty sorry for itself tho. I was under the impression filtering was legal aslong as you remain on your side of the road, and you should never pull out when you are flashed without checking it is safe first.

Your thoughts


Cheers

Paul
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Old 11-09-06, 12:18 PM   #2
Flamin_Squirrel
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Default Re: First Crash... opinions please

Quote:
Originally Posted by Wootan
I was under the impression filtering was legal aslong as you remain on your side of the road, and you should never pull out when you are flashed without checking it is safe first.
Correct. However I'm sorry to say that probably isn't going to help you. Expect to take some of the blame.
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Old 11-09-06, 12:18 PM   #3
muffles
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could try the things mentioned on thor's thread: http://forums.sv650.org/viewtopic.php?t=44538 as it seems similar enough that you shouldn't accept liability...
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Old 11-09-06, 12:23 PM   #4
Stu
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Ask for an update on this
http://forums.sv650.org/viewtopic.php?t=43701
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Old 11-09-06, 12:23 PM   #5
Baph
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Sorry to hear about your off mate.

Yes the other driver should of made sure it was safe to pull out before doing so, and flashing someone out is not the same signal as it was intended to be in the highway code.

Also, it could be argued that you were filtering, and if you had to skid to stop, were filtering far too fast considering there was a junction that was obscured by a van.

50/50 is a good outcome IMO, but by all means, read the above thread, and Lyn's document on filtering. Fight it all the way, it only costs you time now, and could save £££s on a repair job.
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Old 11-09-06, 12:37 PM   #6
Wootan
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Thanks guys, when I say skid marks, I just mean a couple of foot from locking the front wheel, I was only doing about 20mph I thought this was an acceptable speed. How fast should you filter?
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Old 11-09-06, 12:47 PM   #7
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Quote:
Originally Posted by Wootan
How fast should you filter?
How long is a piece of string?

Legal advice: You should always be able to stop safely, and under control, in the amount of road you can see to be unobstructed ahead of you.

Saying that, on my commute today I almost ran over a sheep because yes, I was hooning on a back road and came around a corner to see a landrover parked with hazards on my side of the road. I was getting ready to move out around the landrover, slowing a little, and then saw the sheep. All anchors on, and even though I know you're not supposed to, I'm too used to driving a cage & was using engine breaking (changing down the gears) WHILST holding both brakes. There's now a black/brown snake pattern on the road from me locking BOTH wheels up (and the SVS has ABS doesn't it?)

Needless to say I'm going to be far more cautious around landrovers with hazard lights in future.

Nobody rides perfectly, but a bare faced lie will be spotted by the insurance folks. If I were you, I'd just make out that you emphasised you locking up the front wheel due to overbraking in a scary situation (since this actually takes you longer to stop than a perfect e-stop).
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Old 11-09-06, 12:53 PM   #8
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Sorry to hear about your off. Hope the schock is receding.

I was told on my DAS course of a similar situation. The bloke that flashed is in the wrong & it should be his insurance that pays up!! Bizarrely.
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Old 11-09-06, 02:20 PM   #9
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The SV doesn't have ABS, btw

On the one hand, nothing wrong with filtering. On the other, what you did was basically overtaking past a junction, which I think is possibly going to cause you problems? I'm no sort of lawyer, mind.
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Old 11-09-06, 02:24 PM   #10
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Quote:
Originally Posted by northwind
The SV doesn't have ABS, btw
I could of sworn I read somewhere back before I got the bike that it did. Not a big deal though, since I didn't buy the bike for ABS.
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