2 Questions

[Catalyst]

Well i had a pretty big smash 2 months ago when i hit a mini that was turning right into a side road as i filtered/overtook.

I offered to pay for their damage privately as it was only a dent in the front wing so could get it knocked out and sprayed for not too much money, i'd rather have paid than the hassle of insurance. But low and behold they did tell their insurance company and are claiming that the mini is probably a right-off. Now it was an old mini but even so i highly doubt it's a right off, they saw i was young and are trying to screw me over...now for the questions.

1) If the claim goes 50/50 will i lose my NCB? im only on TPFT and the bikes fixed anyway.

2) They have 1 witness and i don't at present, but there were hundreds of school kids walking past and i recognise a few. Can i get a witness now after all this time?

The only thing i have against her is that she pulled out on me further down the road and i had to haul the brakes to not hit her. I was hanging back about 3 car lengths from her and then moved out to filter/overtake, she put on her indicator and turned within a second of putting it on. There was no way she looked in her mirrors because she would have seen me, only thing is their witness has said that she was definitly indicating and it's "All my fault".

Sorry for the long post but it's really confused me and i really do not want to lose my NCB.

Cheers, Jack
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|--Previous--|:2007 Aprilia SX50...--Current--|: 2007 Kawasaki ER-6N
SlimRick - I can cook really well - but it's a useless skill, as I'm not a woman and it's their fucking job!

[Feasty]

Sounds like you were overtaking at a junction, a huge no-no and you'd probably be better just accepting the blame and the claim against you I'm afraid.
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).

[Catalyst]

Well i agree completely which is what i thought after it happened, but the traffic on the other side of the road was grid-locked. They started to move as i got to her back wheel then a guy slammed his brakes on leaving a gap for her.

Surely she still should have looked in her mirrors + blindspots and been indicating before she turned, bare in mind no pictures were taken and the police weren't called so theres no proof for anything either of us says (Apart from their witness, which is why i need one)
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|--Previous--|:2007 Aprilia SX50...--Current--|: 2007 Kawasaki ER-6N
SlimRick - I can cook really well - but it's a useless skill, as I'm not a woman and it's their fucking job!

[Ariel Badger]

You did report this to your insurance at the time?
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Bikers make great organ donors, get 115 on your licence today.

[Catalyst]

Report the incident? or what she done?

If the incident then no, they called me saying "i understand you were involved in an incident....." to which i said yes obviously.

As for what my side of it is, no not yet as it's only just being passed to the legal/claims team or something like that.
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|--Previous--|:2007 Aprilia SX50...--Current--|: 2007 Kawasaki ER-6N
SlimRick - I can cook really well - but it's a useless skill, as I'm not a woman and it's their fucking job!

[Coxyzxr]

I used to work for Norwich Union in the investigating claims section. Basicly finding out from the facts who's liable where liability is in dispute in cases such as yours.

When it comes down to it unfortunately you overtook as she was turning or about to turn into a road/junction so you don't have alot to defend yourself really.

It can be argued she didn't indicate, look, or indicated too abrubtly etc but it's their(two) words against yours and we have to look at bare facts especially since there is not alot of hard evidence, not "but they did this, but didn't do that, earlier on in the road she was doing this and that etc"

The bare facts being, she was turning or just about to and you overtook. You are liable.

If you could PROVE she didn't indicate sufficiently or at all then you could go for a 50/50, 60/40 split. However proving this with their two witness and just you would be impossible(as they will say otherwise, obviously). Even with further witness'es on yourside, like the kids... how many kids are watching indicators as they walk around?
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**WAS FITTED "WRONG WAY ROUND" !** CANT ACCOUNT FOR THE STUPID !

[skinny]

Sorry to say I think you would have a hell of a job to make her in the wrong. At the end of the day you overtook at a junction and hit her in the eyes of the law I'm pretty sure you are in the wrong. I would put it down to experience at the end of the day that is what you pay insurance for I know they mug you every year after but by shopping around you will be able to get the quote down and start rebuilding your no clams.
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oops I did it again....

[Catalyst]

Bollocks

The most annoying of it all is that both times i've crashed, it's been into foreigners!!

When the car done a u-turn on me when i had my 50cc he was bloody portugese, this time it was a flipping yank! GAH sods law.

So if i'm on TPFT do i have to pay my excess even though i'm not claiming but the other party is? And will my insurance go up next year or stay the same?

Jack
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|--Previous--|:2007 Aprilia SX50...--Current--|: 2007 Kawasaki ER-6N
SlimRick - I can cook really well - but it's a useless skill, as I'm not a woman and it's their fucking job!

[Finglonga]

[skinny]

[Catalyst]

As i remember in my original thread about the crash, it was pointed out that the mini is probably worth less than getting it fixed so it could be a right off.

But they had the cheek to tell me they barely made it home, even though they drove past me and beeped the fucking horn at me and my mate when i was pushing the bike home. The dent was tiny and there is no way it would of even damaged essential parts of the car as it wasn't a particularly fast impact.

Cheers skinny, looks like more money needs to be forked out now as i have a pretty big excess. The fact that her husband was a biker and came down as well is what annoys me more, he even said he had done it before......so why make such a big fuss and hassle over it?
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|--Previous--|:2007 Aprilia SX50...--Current--|: 2007 Kawasaki ER-6N
SlimRick - I can cook really well - but it's a useless skill, as I'm not a woman and it's their fucking job!

[Coxyzxr]

[Kwaks]

As coxy says, you will not have to pay out a penny in xs, only downside is loss of NCB
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Fallen Angel "Nae sniffing my seat now!!!!! "
www.cliqueycuntsmcc.co.uk
I AM NOT A FAST RIDER!!!!!!!!!

[Ichy]

FWIW The old Mini isn't built like other cars, the wing is an integral part of the front end and A post.

Sometimes you have to look at it from a different point of view. What if someone in a car did the same to you? Would you be happy to just let it go? There's a possibility that she tried to get a couple of quotes to tell you how much it was going to cost and the garages told her it was not worth doing. Only choice for her is to go through the insurance. Either way its not going to cost you a penny until you renew your insurance.
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https://www.metacafe.com/watch/1972097/how_to_behave_on_a_forum/

[Catalyst]

I know how annoyed she could be and her side as i've been there when the portugese bloke hit me. But they didn't get any quotes and i know they didn't because her husband told me they told their insurance to take the car away and be looked at.

At the end of the day i guess what's happened has happened and it looks like i'm the one to take it on the chin. Doesn't stop me being angry but there we go, i just hope that one day she hits someone and they screw her over to teach her a lesson.

Money corrupts
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|--Previous--|:2007 Aprilia SX50...--Current--|: 2007 Kawasaki ER-6N
SlimRick - I can cook really well - but it's a useless skill, as I'm not a woman and it's their fucking job!

[Coxyzxr]

[Finglonga]

[Catalyst]

Yeah it's taught me more than 1 or 2 big lessons!

Firstly that i needed to calm myself down especially in residential areas, after coming off a 50 i was used to thrashing it everywhere. Another is to never take what i've got for granted, it's expensive when you do something wrong and have an off and im not invincible (Even if sometimes i do think it).

I now only filter when theres no side roads or if theres a long time to wait, it hasn't knocked my confidence though so at least thats one thing. Also invested in more bike gear as i wasn't wearing the best of gear.
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|--Previous--|:2007 Aprilia SX50...--Current--|: 2007 Kawasaki ER-6N
SlimRick - I can cook really well - but it's a useless skill, as I'm not a woman and it's their fucking job!

[tutton]

What do you consider a small dent?
also not sure how close the chassis leg is as its al bunched together, i know the subframe is usually rotted and wouldnt take much of a knock to knacker it all which indidently holds the engine in as well as the mounts.

As said the cars probably only worth say 400 quid book price,
new panel/repair/labour for repair - 150
paint for blends - 150

so for the sake of it lets say thats 300 for a car worth 400, which is already a shed, not really worth it for them is it.
cheers
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Past: '05 Peugeot XPS '99 Aprillia RS125 '94 FZR600R
Current: '02 ZX636 A1P '51 CCM R30

[Ste]

[Rockhopper]

I hit a car side on that pulled out infront of me. It was a few years ago, i can't even remember what kind of carf it was. Anyhow, it looked like there was just a small dint in the wing but the wheel took a lot of the impact and hence bent the suspension and the chassis leg. Not of that showed up till the car was put on a jig.

[colin1]

I had a similar one to the one at the top of this thread, and i was expecting a 50/50 outcome but it went completely in my favour.

The key factor is, if she had checked her wing mirror before turning, she would have seen you.

She did not, so failed to make proper observations before turning right.

You were unwise to overtake near a junction, but she should check mirrors and strictly speaking blind spot, before turning right.
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colin1 is officially faster than god

[Kal]

[Kal]

[Catalyst]

Well an update....got a letter through yesterday and it's gone against me, never even gave me a chance to say what i thought had happened .

Calling them tommorow to see how much the overall claim is, god i hope it's not too bad.
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|--Previous--|:2007 Aprilia SX50...--Current--|: 2007 Kawasaki ER-6N
SlimRick - I can cook really well - but it's a useless skill, as I'm not a woman and it's their fucking job!