had an off... worth claiming? * pics added*

had no off this evening.. this ****... ahem twit, pulled out on me.
i'll start from the beginning, just pulled away from the bike aprk next to my office, 40 yrds of straight road until a main junction, so only got up to 20mph ish max. anyway 15 yrds short of the junction as i go past a parked car it pulls out from the kerb into my paat.. i brake (too much ) and go down. No contact was made but his car ends up 3/4 into my lane with my bike having slid past him. without a doubt would ahve hit him if i hadn't of taken action.

refuses to give insurance details, so i refuse to let him leave until the police arrive... at which point he tells them i was doing 100mph and he'd seen me and was waiting for me to go past and then i just fall off next to his car....

damage, cracked \ scratched fairing, snapped rear brake pdeal, bent front one, smashed indicator... sore hand,

i've got lots of photos on my phone of post crash positioning and will try and post tomorrow..

so is it worth trying to claim against him, or am i just flogging a dead horse..



k

[TSM]

If it was 100mph i think the police would be able to tell that you were not by the damage sustained and trail of debris left.

BTW you dont need someone to give you insurance details to put it in as the insurance co can get all the info they need from the reg.

Claim for it as that guy sounds like a total ****.

[Biker Biggles]

You really need a witness.Did someone from your work see anything?Otherwise it will be very hard to make a case.

got a mobile number of a very nice getting a kebab for his tea...

my big worry as i didnt make contact with him, i'd previously read that this wou;ld basically make it rider error on my behalf.... unless maybe my knee clipped his wing as a i slid past ahhh its all coming back to me now.

k

[Biker Biggles]

No,you don't need to make contact for it to be his fault.He pulled out and forced you to take evasive action which causedyou to crash.His fault.But if he denies that you will need some evidence or a witness as it would be your word against his.Could be worth getting advice from one of the specialist lawyers like White Dalton.A witness is everything though.

[Spiderman]

Claim. right away.

Many moons ago i had a simliar situation but i was in the car. I didnt do what this guy did to you but by indicationg and turning my wheels full lock, while in stationary traffic, made the guy comming up behind on a Transalp loose it and take a tumble. It was pouring with rain at the time and i jumped out to help him up and he addmitted he hit the brakes too hard and locked the wheels. he knew i wasnt going to turn into his path because it was nose to tail, stationary rush hour traffic.

But my insurers paid out Direct line they were at the time. My argument was that there was no collision and he by his own addmission braked too hard for the conditions and lost grip.

I was riding back then too so you'll understand that i wasnt being a dozey idito like this gy sounds to have been, as i was aware the bike was approaching and simply turned my wheels while i had my foot on the brake so he could see i wasnt about to turn.

I often replay that incident in my mind and try to put myself on his bike, seeing what he saw and wonder would i have hit the deck like he did.

Err, sorry, ramble over..... point being there dont have to be a collision for you to claim. Legaly they see it as his behaviour was enough for you to take drastic action and your binning it was a direct result of him.

hth

Road Traffic Act
You very much have a case if you can get enough evidence together.
I say put the claim in, for sure.
What did the police say? Would you have had enough distance to get to 100mph? Did he say how he became so able to judge speeds and if he's so good, why did he pull into your path?
These are all questions that should lead your insurance company to press for his-fault on your behalf.

Contact these guys: http://www.whitedalton.co.uk If anyone can give you advice it'll be them.

.

If the witness who gave you his number backs you up saying the car came in your path causing you to take evasive action....your home dry mate.....also the car driver lied in front of the cops as i am sure they have seen damage to bikes at speed and know what to expect