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I need your help regarding an 'accident'

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MattHirst
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PostPosted: 14:38 - 19 Jun 2007    Post subject: I need your help regarding an 'accident' Reply with quote

Well, i say 'accident' but it was only a semi-accident.

What happened was, i had filtered to (almost) the front but there was an island blocking me so i stopped just infront of this lorry. Lights turned to orange but you know them moments when it just won't go into gear when you need it to? Yep one of them moments.

So there i am trying to get it into first (it has done this a few times recently actually) so the lorry (big thing, with detachable trailer..you know what i mean) sets off and scrapes down the side of my bike!

He had a 'B' european plate on but an english one over the top of it (i got his reg), i tried to get him to pull over on the dual carriageway (just before j25 of the m62 in brighouse if anyone knows it) in a layby big enough for 2 lorries to park with enough distance to set off, and it was empty.

He didn't pull up but he went onto the motorway at the roundabout (and i couldnt due to L plates) so i had no choice but just to carry on home. The car behind the lorry also turned onto the motorway Sad

Anyway, i inspected the damage when i got home and there is the following -

Scratched rear indicator (ok, you can only see it if you catch it in the light but still!)

Scratched pannier

Scraped 'pannier carrier' metal chrome thingy

Scraped crash bars

Scraped mirror

Scraped bar end.

I know some of them are only puny and won't cost much to replace but thats not the point, it is the principle of it.

Now, seen as though he drove off (and he clearly saw me shouting and pointing at him to pull over so he knew i was there) is that classed as fleeing the seen of an accident?

Also, from a previous off, the left hand side of my bike is scraped...could i try and put them on him to (Say i dropped it? Very Happy )

Because no one stopped and said 'i am a witness, take my number' sort of thing, would it be my word against his if we could even track him?

His reg was LH05 ELH.

No injury to me, my hand did catch the side of his lorry but merely rubbed the side of my glove.

Lucky he didn't catch me knee with his tire or something as i was only wearing jeans (before the safety nazis shout at me, i was at college and there is nowhere to get changed out of my leathers!)

Thanks
Matt
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T.C
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PostPosted: 14:52 - 19 Jun 2007    Post subject: Reply with quote

First of all the driver has commited an absolute offence of failing to stop and report an accident, therefore he (the driver) will if reported receive an NIP through the post as it is an offence for which an NIP is required.

There may also be an offence of Driving without due care, but much of this will be down to having sufficient evidence to prove the offence which will be more difficult than the failing to stop and report offence.

The trailer is obviously used both in Belgium and here in the UK but with different tractors, but with the UK registration it won't be too difficult to trace the operating firm and driver providing the number was written down correctly.

So, first thing is to get into your local police Station as soon as possible), take your documents with you to save you having to go back and produce them, report the incident, make your statement and then notify your insurance company.


Very staright forward, if you need further help, then PM me.
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yambabe
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PostPosted: 14:56 - 19 Jun 2007    Post subject: Reply with quote

Put it down to experience and learn some valuable lessons:

1 - If filtering to the front go to the front to the point where you are blocking the cars behind and they cannot squeeze past you.

2 - If you can't get to the front then go into a convenient gap, never alongside another vehicle if you can help it.

3 - Never ever ever stop in neutral if you are filtering!
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MattHirst
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PostPosted: 15:07 - 19 Jun 2007    Post subject: Reply with quote

Hmm, i see what you mean babyyam. It was kind of stupid of me after thinking about it.

But the fact that he didn't stop is what annoyed me most. Isn't it part of the 'rules of the road' to check your mirrors first?

And his lorry did have about 3 mirrors on either side (you know the ones that show his blindspots, wideangle and normal ones etc)

I don't know whether to go down to the station or not, is it to petty? Would they just laugh at me?

The crash bars aren't that old and were sparkling until that tit scraped them, they aint cheap either Sad

Tried polishing out the scrapes but it just tore my cloth.

It happened between 2pm and 2:15pm (an approximation as i don't have a clock on my bike)

What if that particular firm has serveral drivers for that 1 lorry? Would they know which one was driving at roughly 2pm?
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map
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PostPosted: 15:20 - 19 Jun 2007    Post subject: Reply with quote

MattHirst wrote:
...Isn't it part of the 'rules of the road' to check your mirrors first?...

If you were at the side of the cab then strong chance didn't see you.

This is more important if it were a non-UK tractor unit as left hand drive. So when pulling out to overtake/manoevre even more chance of not seeing you in the mirrors. There was a 5th Gear program about this were they crashed a car to show what happens. I'm sure someone will post a link or find it on YouTube.

MattHirst wrote:
...Tried polishing out the scrapes but it just tore my cloth...
Sand down first, wet & dry (or dry then wet - fine grit). Then polish. Or remove, sand down and paint black (or get powder coated if you've the money).

Best of luck getting it sorted.

HTH Thumbs Up
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T.C
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PostPosted: 15:22 - 19 Jun 2007    Post subject: Reply with quote

MattHirst wrote:


I don't know whether to go down to the station or not, is it to petty? Would they just laugh at me?

It happened between 2pm and 2:15pm (an approximation as i don't have a clock on my bike)

What if that particular firm has serveral drivers for that 1 lorry? Would they know which one was driving at roughly 2pm?



Firstly, you would not get laughed at, and they will treat it as quite serious. OK you may have partly contributed to the incident, but that is no excuse for the driver just buggering off, although he may not have known he hit you, although I would be surprised.

HGV's have a thing called a Tachograph. It records their entire journey, rest times, speed, registration number, name of the driver, in fact everything and once upon a time I could even plot the route from the tacho chart down to points where they stopped at traffic lights and junctions.

Anyway, the point is that the operating company will have a log of who is out in which vehicle, and the tacho charts which have to be retained for a minimum period of time and therefore will not prove any problem in identifying who was the driver.

An approximate time is fine, you are not expected to be exact in your times as you are not an expert witness, so don't feel intimidated, and don't let so called professional drivers have the last laugh!
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MattHirst
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PostPosted: 15:32 - 19 Jun 2007    Post subject: Reply with quote

Right, thanks for the help.

I have used my 133t MS paint skills to draw you a picture of what the junction is like.

The green box is the island that was in my way, the 2 left hand lanes go to a roundabout which leads to tescos, bradford and halifax.

The right hand lane, which i was in was for turning left only. It is pretty obvious where i am. With a car next to the island and the lorry behind me.

I don't know what to do...are there any websites that offer a free reg check just to see what the details are?

Just so i know i have the right reg down.

I did stop in a layby after the motorway roundabout and typed it into a memo in my phone but i may of got it wrong. I am 99% sure i got it right but you never know.

Edit - i might want to attatch my uber drawing
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yambabe
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PostPosted: 16:17 - 19 Jun 2007    Post subject: Reply with quote

You went up the inside of him? Shocked

*/me shakes head in disbelief...........*
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biggerjohn
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PostPosted: 16:27 - 19 Jun 2007    Post subject: Reply with quote

If nothing else remember Right or Wrong Don’t Mess with any thing bigger than you.

Glad you’re ok but its time to remember he not only didn’t see you but didn’t even notice hitting you.

Play safe out there Boys and girls
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matthab
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PostPosted: 16:40 - 19 Jun 2007    Post subject: Reply with quote

Report it to the police as it theory it was an accident and he didnt stop. If its a courier ring them up or email them the damage and then ring your insurance and see what they can do. Also if mention to the police the witnesses even if its justthe type and color of car. Anything helps people like that deserve to be punished!

"Its illegal to fail to stop at an accident regardless how small" i beleave

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MattHirst
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PostPosted: 16:40 - 19 Jun 2007    Post subject: Reply with quote

babyyam wrote:
You went up the inside of him? Shocked

*/me shakes head in disbelief...........*


Well, it was more of a decision to go that way when the traffic lights had changed.

If you can get through them then it is quicker to go round the roundabout and back on yourself. But as the lights had changed it is quicker to go in the filter lane.

I couldnt exactly go the other way as there is a big curb and barrier there Very Happy

As i aparently went up the inside of him, would the boys in blue class that as undertaking?
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feef
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PostPosted: 16:44 - 19 Jun 2007    Post subject: Reply with quote

MattHirst wrote:
As i aparently went up the inside of him, would the boys in blue class that as undertaking?


Yup, and stopping on the painted lines of a 'ghost island' isn't clever either

If I was the copper, you'd get a clip round the ear, and told you got off lucky considering.

a
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MattHirst
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PostPosted: 17:55 - 19 Jun 2007    Post subject: Reply with quote

Well, i went down to the copshop and he used the reg to find out the who owned the truck etc.

He got the manager of the firm on the phone and i had an arguement with him for about 15 minutes until he actually listened to what i was saying.

He thought that i would of been dragged under the trailer no matter what the circumstances were....but eventually he started listening to me and realised that it would of been impossible and it was the trailer swinging around that scraped down the side of my bike.


I didn't actually stop on them lines, well...my leg was but my wheels where in the right lane Very Happy

There was an actual raised island there, with a triangle shaped bit of hatchings there (with dotted white lines anyway so technically i was allowed to cross them.

Anyway, the manager of the firm couldn't give me the drivers details because he would have to look on file to see who was driving at that particular time and date. Although the driver had aparently been driving for about 8 years Rolling Eyes .

Anyway, to save us all a lot of paperwork at the copshop i have to contact the manager at the firm tomorrow (gave me his name and number) and get his insurance details.

Maybe it will only cost £200/£300 to repair and that maybe nothing to them but it would take me absolutley AGES to save up that amount to repair it.

Or, would i be totally wasting my time contacting their insurance? Would they just laugh at me to?
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Chriss
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PostPosted: 17:56 - 19 Jun 2007    Post subject: Reply with quote

Most difficult bit will be proving he caused the damage. I doubt you left much of a mark on his vehicle, and you have no witnesses.

Best of luck though.
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Jack_Cheese
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PostPosted: 18:00 - 19 Jun 2007    Post subject: Reply with quote

If you have a 44-ton wagon with very poor visibility, you're unlikely to see a bike, and even less likely to know if you've just demolished one. Take care around wagons Thumbs Up
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MattHirst
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PostPosted: 18:03 - 19 Jun 2007    Post subject: Reply with quote

Jack_Cheese wrote:
If you have a 44-ton wagon with very poor visibility, you're unlikely to see a bike, and even less likely to know if you've just demolished one. Take care around wagons Thumbs Up


The numpty on the phone said exactly the same thing.

Watch out, it will end up being the firm Modo works for Laughing
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kcnw9
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PostPosted: 18:10 - 19 Jun 2007    Post subject: Reply with quote

where abouts are you mate, must be able to get a "witness" Thumbs Up

kcnw9
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st3v3
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PostPosted: 18:32 - 19 Jun 2007    Post subject: Reply with quote

Unlucky matt, but that bike was pretty mint, I wouldn't let it slide, the only thing, is were you undertaking/filtering past the lorry, or had it overtaken you a little? the former could leave a fair bit of blame on you, but he should be done for leaving the scene..

it may be seem petty to want £300 worth of parts replacing, but why shouldn't you? he caused it Karma Thumbs Up
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Ichy
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PostPosted: 18:43 - 19 Jun 2007    Post subject: Reply with quote

I don't claim to know anything about much but in my opinion you put yourself in that position so the best you can hope for is 50/50 and most likely deserve nothing.

The way I look at it is if your stopped at traffic lights and a fluffy kitten decides to sit under your rear wheel is it your fault that you ride over it and turn it to pulp?

Be grateful you didn't end up like the kitten. Can't really see the point of fixing it yet, you'll only drop it again. Wink

Did you explain to the Police that you had rode up the inside of the lorry while it was stopped at traffic lights and stopped half way?

Lets see some photo's of the damage.
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Bomberman
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PostPosted: 19:14 - 19 Jun 2007    Post subject: Reply with quote

I have to say mate, I'd have put this one down as lesson learned and thank christ it wasn't a lot worse.
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teampots
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PostPosted: 19:34 - 19 Jun 2007    Post subject: Reply with quote

Bomberman wrote:
I have to say mate, I'd have put this one down as lesson learned and thank christ it wasn't a lot worse.


+1 i reckon you were lucky as well, the wagon driver probably didnt notice you undertaking him and you shouldnt have been anyway, so just mark it down to experience imo
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MattHirst
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PostPosted: 19:58 - 19 Jun 2007    Post subject: Reply with quote

Ichy wrote:
I don't claim to know anything about much but in my opinion you put yourself in that position so the best you can hope for is 50/50 and most likely deserve nothing.

The way I look at it is if your stopped at traffic lights and a fluffy kitten decides to sit under your rear wheel is it your fault that you ride over it and turn it to pulp?

Be grateful you didn't end up like the kitten. Can't really see the point of fixing it yet, you'll only drop it again. Wink

Did you explain to the Police that you had rode up the inside of the lorry while it was stopped at traffic lights and stopped half way?

Lets see some photo's of the damage.


What are you trying to say there? That i am a bad rider?

Not trying to put it the wrong way, but i have learnt my lesson by coming off and riding above my ability but just because i am on Lunatic plates that doesn't nessecarily mean i can't ride.

I explained to the police and because of the formation of the lanes then they said that i technically wasn't in the wrong.

The lorry was about 1 foot behind me but i couldn't get into the gap.

Like i said, the damage isn't major but it is the principle of it!

The right hand side of my bike was spotless (only the left that has scrapes on it already)..and it now looks a right mess.

kcnw9 - What do you mean by that? Get someone to 'lie' for me? Isn't that a bit risky.
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kcnw9
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PostPosted: 20:05 - 19 Jun 2007    Post subject: Reply with quote

just get someone to say they saw what happen, but that cant be related or a friend of yours etc etc, i know people that have done it, to get a witness when they need one, now for the "i don't condone it" etc etc bit. Laughing i dont know if some people think its bad or whatever but in my opinion if you are in the right and don't have a witness then just get someone to say they saw it and give insurance there name and number, insurance will most likely call them up and say what happen etc but some times they don't even bother to call up, they just like to know you have a witness.

kcnw9
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Ichy
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PostPosted: 20:10 - 19 Jun 2007    Post subject: Reply with quote

Bit touchy ain't ya Wink

Just pointing out that your on L plates and I guess that your planning to upgrade within the next year or so. Is it worth repairing the bike before then? Its all superficial.

I said nothing about your abilities as a rider but since you ask, do you think an experienced rider would put themselves in that position?
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Ichy
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PostPosted: 20:13 - 19 Jun 2007    Post subject: Reply with quote

kcnw9 wrote:
just get someone to say they saw what happen
kcnw9



And just for suggesting it I hope that some day the same happens to you. Karma
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