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Old 30-08-06, 08:06 AM   #1
Kinvig
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Default First Crash

happened this morning: pedestrian. crossed road was between stationary cars I was filtering past, he looked to the oncoming traffic stepped out. bam

police, ambulance. he's now in Tommy's.

2 witnesses, one a Lord, one an off duty copper.

I'm not happy.

Told insurers. What do ridersupport do? Should I contact them or let the insurers?
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Old 30-08-06, 08:08 AM   #2
thor
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Sheet! Are you ok?
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Old 30-08-06, 08:21 AM   #3
BillyC
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Hope you're alright! And as for the pedestrian, despite his Lemming-like stupidity, I hope he's not too badly damaged either.

You need to read THIS DOCUMENT which in your case, is far from supportive. However, you need to be aware of the line that your insurers will take, and the potential course of action that the pedestrian might have against you.
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Old 30-08-06, 08:22 AM   #4
Kinvig
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quite shaken up.

bike's not too badly damaged. The R&G crash bungs saved it.

Need a new front brake arm thingy. and bar ends.
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Old 30-08-06, 08:39 AM   #5
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B*gger Kinvig, hope you're recoving (mainly from the shock I assume) from it well. Glad you didn't have a worse off mate!

If you can show you were filtering sensibly (as per lyn's document) and at a slow-ish speed. It should come down to how good your lawyer is (and what the witnesses say) IF the lemming puts a PI claim in against you. If they don't claim anything, it should be a matter of fixing the bike at that's it

If you can show you did everything properly, and the lemming persues a claim, you might even get it reversed & they pay for your bike (and any PI claim you make). Probably a remote chance of that happening, but still, better to look on the bright side

Hope you (and the bike) heal quickly mate!
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Old 30-08-06, 08:43 AM   #6
Mr Toad
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Bad luck - did the same myself a week after going on a Bikesafe course
In my case I only broke an indicator - the pedestrian upped and limped away as fast as he could go, so not too much damage there either
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Old 30-08-06, 09:30 AM   #7
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That is bad news Kinvig, glad you walked away ok though, the bike can be rapaired.

Really hope they take a lenient position against you, the two witnesses (stereotypical ) to the prang aren't exactly known for their love of bikes are they?

I was a witness to an accident where a guy was was hit by a car, the pedestrian was p***ed and just stepped out in front of the car when it was about to pass - they did the driver for dangerous driving

Good luck, keep us updated.
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Old 30-08-06, 11:50 AM   #8
Law
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Sorry to hear this, I hope everything works out and the bike is repaired quickly.

Hot tea with lots of sugar works when you're shaken up.
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Old 30-08-06, 01:39 PM   #9
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Big bummer, that is bad news BUT, a pedestrian takes a risk everytime they cross the road not at a zebra crossing or pedestrian lights. Personally I would think you should be able to claim against them for damage to you / your bike if you wished.

This is straight from the highway code on pedestrian conduct:

'Parked vehicles. If you have to cross between parked vehicles, use the outside edges of the vehicles as if they were the kerb. Stop there and make sure you can see all around and that the traffic can see you. Never cross the road in front of, or behind, any vehicle with its engine running, especially a large vehicle, as the driver may not be able to see you.'

This implies to me that the pedestrian should look both ways when reaching the outside of the cars (middle of the road side), and as they did not look, you should be fine. (So long as you weren't speeding, which I'm guessing you weren't otherwise they'd probably be dead!)

Another quote from the highway code is this:

'When it is safe, go straight across the road - do not run. Keep looking and listening for traffic while you cross, in case there is any traffic you did not see, or in case other traffic appears suddenly.'

In this case, the pedestrian DID NOT keep looking and listening for traffic, otherwise they would have seen and heard you, and the highway code tells the pedestrian to allow for 'traffic that appears suddenly' and they did not.

I would think any lawyer worth their salt, as long as you weren't speeding and your tax / mot / insurance is up to date, should be able to at least get you off responsibility, and possibly help you with a claim against the pedestrian for damage.

Having said all this, I hope the poor chap / lady is alright, and recovers fine,

Cheers,
Matt
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Old 30-08-06, 02:03 PM   #10
anna
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just read this hope you are okay and not the bike isnt too damaged. And as for the pedestrian I hope they are okay too and perhaps learned to look properly !!
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