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Old 17-06-06, 05:32 PM   #1
sabestian
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Default CRASH=no insurance compensation?

Hi guys! Bad news. I crashed my lovely curvey. It's not that bad,but she was immaculate, now there are marks,M4 can and pipes dented etc. That small part of the frame that limits handlebars from turning around broke. They say that welding or frame replacement would be needed...Additionaly a had laptop in my rucksack. Brokeen in half.
The lady took right-hand-side turn right in front of me while driving from the opposite direction,crossing my line and forcing me to hit on brakes and lay the bike down. Luckily I missed her an inch and rolled over. Needless to say she did not see me-'You must have been speeding!' yeah,right.
The the thing is that she does not feel responsible for cousing the accident,no marks on her car-missed her,no witnesses,nothing on cctv,checked already.
I had only TPFandT insurance,everybody says that I will not be able to get compensation without proof. Could that be true? I lost lid,laptop,mobile,50% value of my bike,bruises,strained wrist and ankle and nothing? Any advice?
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Old 17-06-06, 05:34 PM   #2
Iansv
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without an independant witness your pretty much screwed as I was
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Old 17-06-06, 05:40 PM   #3
lynw
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Quote:
Originally Posted by Iansv
without an independant witness your pretty much screwed as I was
That doesnt automatically happen. I had no witnesses for the guy who turned right on me while I was overtaking and I won my case.

Did you take the legal cover out with your insurance? If you did, nows the time you realise its worth every penny of the £21 it was for me. Make sure you get a good solicitor.

But my advice is to speak to someone like White Dalton or a firm that deals with bike accidents and get their advice on what the outcome could be rather than take Ians or my post as gospel. Neither of us are a solicitor and in this case you need legal advice.
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Old 17-06-06, 05:40 PM   #4
tricky
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Bad luck dude, no one around that could act as a witness on your behalf ?
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Old 17-06-06, 05:53 PM   #5
sabestian
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I was lucky enough to have legal cover...
lynw, who is White Dalton?
tricky: not a single bloody one.
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Old 17-06-06, 09:10 PM   #6
silent
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imo if you dint get the cops out your screwed....

she may even just return the form when you go through insurance saying i was nbever there...propove it, unless you have witnesses and their number after the accident (even though there were none for the actual incident)

i know its not a normal reaction but if your going to bin it hit the car it proves fault that way.

just my 2ps worth

andy

p.s. i am sorry to hear about the incident and i sympathize
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Old 17-06-06, 09:28 PM   #7
Biker Biggles
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I take it she stopped and you exchanged details?Was it a straight road with no good reason for crashing other than having to do an emergency stop/swerve to avoid the right turner?With the right sort of legal help you may win ,as you are legally in the right,and these things get judged on balence of evidence and probability.You do need good legal help though.
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Old 17-06-06, 10:37 PM   #8
sabestian
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Quote:
Originally Posted by Biker Biggles
I take it she stopped and you exchanged details?Was it a straight road with no good reason for crashing other than having to do an emergency stop/swerve to avoid the right turner?
that is exactly what it was like. Cops did not come as nobody was hurt-that is what they said,but i gave them lady's details.
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Old 17-06-06, 10:40 PM   #9
sabestian
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Quote:
Originally Posted by silent
i know its not a normal reaction but if your going to bin it hit the car it proves fault that way.
all i was thinking was to save my life-i have a family,you see...
I was going quite fast when I missed her...
BTW I've got pictures of the site with skidmarks, scratches,her car etc.,maybe this'll help.And I have.witnesses who heard the accident and heard and saw me talking to her right afterwards,so I can prove she was there.Nobody saw the accident itself though.
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Old 17-06-06, 11:03 PM   #10
lynw
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While it will be hard, Im proof that its not an automatic guarantee that youre "screwed" silent so elequently put it.

There were absolutely no witnesses in my case just me and the driver, yet I won.

Sebastien, as much as I loathe to say this, you need to buy MCN. In their ads section there are ads for solicitors who specialise in accidents. White Dalton are one such firm. http://www.whitedalton.co.uk/index.php

Otherwise, google for firms.

Just seen the added bit. Pictures of her being there or her car and witnesses are good - means she cant deny being there. Thats a good start.
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