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car hit me on the side in the rain,

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flame-boy
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Joined: 04 May 2008
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PostPosted: 21:18 - 02 Nov 2008    Post subject: car hit me on the side in the rain, Reply with quote

last night i was riding in some pretty horrible dark rainy weather trying to get home.

I came to a set of traffic lights indicating to right, lights turn green, i creep to the middle the car from the other side creeps over the front line (about 15foot away from my self) and then slows down, i thought he was giving me way so i carry on moving at a slowish paste to the right, he accelerates and hits me flat on the side,

i come off my bike skids, i jump back up turn the bike off and move it to the side of the road,

he jumps out of his car saying sorry i didnt see you,

We exchanged details and both made a move on.

So i drove my bike with twisted handle bars and bent foot peg and smashed in front fairing and a big dent in the tank.

Today he calls me telling me the hole of his front is smashed in and he is even unable to open the passanger door and is wanting to take it through the insurance company.

I wanted to avoid that being 18 having 2 year no claim, and having to pay a bomb for my bike as it is.

I manage to straighten up my handle bars this morning and the frame is fine. drives in a straight line, i was going to buy a new tank and new front fairing.

gonna costing me £100-200.

just having a general rant,
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calum17
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PostPosted: 21:35 - 02 Nov 2008    Post subject: Reply with quote

sorry to hear that mate.

are you okay though?


is going through the nisurance that bad, as he had already admitted that he didn't see you, not you rode into him - so it'll onyl come off his insurance right?

did oyu get any witness details - could make it easier for you.
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ajb
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PostPosted: 22:23 - 02 Nov 2008    Post subject: Reply with quote

sounds like he's spooling bullshit about his passenger door, is he trying to say YOU hit him ? Either way, if he's admitted his front is trashed, then it pretty much suggests he hit you, make sure that whatever happens, he doesn't bullshit out of it.
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Itchy
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PostPosted: 22:28 - 02 Nov 2008    Post subject: Reply with quote

Stop picking your bikes up and wheeling it to the side of the road, stop to take pictures first!.... and turn on the sound recorder on your phone too if you have one...


When the person tries to worm their way out of whatever happened on the insurance which they invariably will try to worm their way out as this person has done, these pictures may well tip the balance in your favour.


Currently its 50-50 his word vs yours.....
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yandy_yay
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PostPosted: 22:33 - 02 Nov 2008    Post subject: Reply with quote

Itchy wrote:
Stop picking your bikes up and wheeling it to the side of the road, stop to take pictures first!.... and turn on the sound recorder on your phone too if you have one...


When the person tries to worm their way out of whatever happened on the insurance which they invariably will try to worm their way out as this person has done, these pictures may well tip the balance in your favour.


Currently its 50-50 his word vs yours.....


That is pretty sounds advice and easy to forget in the 'heat' of the moment Thumbs Up
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flossi46
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PostPosted: 22:34 - 02 Nov 2008    Post subject: Reply with quote

Do you still by law have to report any accident to the police within 24 hours even if no charges are being made?

i would anyhow as he admitted he didnt see you and really slowing and then speeding up shows he wasnt taking care, mayb he was on his phone?

just worth having it on record for if things turn nasty.

oh and you could go through insurance and tel them your not admitting fault, this will take 4eva, and prob go to court, but then chances are you both get 50/50 blame and pay for your own, he loses out too then!
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SpeedfightBoi
Renault 5 Driver



Joined: 24 Jun 2008
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PostPosted: 22:54 - 02 Nov 2008    Post subject: Reply with quote

To be fair mate, I would say hes in the right, You encrouched onto his side of road without a sure signal of consent from him. Therefore you are in the blame mate Thumbs Down
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Ariel Badger
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PostPosted: 23:09 - 02 Nov 2008    Post subject: Reply with quote

As my old mate Dick says.
" Just lay in the road and wait for the ambulance, police and compensation to arrive."
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aaronb74
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PostPosted: 23:56 - 02 Nov 2008    Post subject: Reply with quote

SpeedfightBoi wrote:
To be fair mate, I would say hes in the right, You encrouched onto his side of road without a sure signal of consent from him. Therefore you are in the blame mate Thumbs Down


Have to agree with this, I'm afraid. You say he slowed down, but not that he stopped. You crossed his path, assuming he was letting you go, though there could've been a number of reasons for him crawling away/slowing down initially.

He perhaps was more apologetic because you were on the bike and came off - if it was a car, it may have been a different story.

Good you're ok though, bikes can be fixed/replaced, the same can't always be said for people.
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Alex A
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PostPosted: 05:11 - 03 Nov 2008    Post subject: Reply with quote

Yup, seems to me like he had right of way - even if he gave you a definite signal to go, which he didn't. Never, ever, go in front of cars heading towards you on an uncongested carriageway. Always turn in behind people.

Good job you're OK though, sounds like a nasty hit.
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UnknownStuntm...
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PostPosted: 06:58 - 03 Nov 2008    Post subject: Reply with quote

SpeedfightBoi wrote:
To be fair mate, I would say hes in the right, You encrouched onto his side of road without a sure signal of consent from him. Therefore you are in the blame mate Thumbs Down

That is bollocks, but I know what you're getting at. You shouldn't have been there, but you're never 'in the right' when you drive into someone.
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Naggedalot
Renault 5 Driver



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PostPosted: 07:25 - 03 Nov 2008    Post subject: Reply with quote

Even if a car driver flashes his lights and you take it as a signal that hes letting you go...if memory serves me, in the highway code all that flashing lights mean is to indicate his presence!!!

Always assume car drivers have not seen you. I always make sure we make eye contact and then he has no excuse when i kick his fookin face off for hitting me!
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aaronb74
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PostPosted: 08:25 - 03 Nov 2008    Post subject: Reply with quote

UnknownStuntman wrote:
SpeedfightBoi wrote:
To be fair mate, I would say hes in the right, You encrouched onto his side of road without a sure signal of consent from him. Therefore you are in the blame mate Thumbs Down

That is bollocks, but I know what you're getting at. You shouldn't have been there, but you're never 'in the right' when you drive into someone.


That's not strictly true. If someone pulls in front of you, you don't always have time to stop and avoid driving into them. Happened to me a few years ago when someone tried to turn right from the left lane of a dual carriageway, cutting right across my path. Absolutely feck all I could've done about it.

As Naggedalot said, the Highway Code says you should never take flashing lights as a definite signal to go. This happened once when I was in a friend's car and he flashed at someone from work going the other way. A Focus waiting at the next junction assumed he was flashing him to pull out.
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iooi
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PostPosted: 08:34 - 03 Nov 2008    Post subject: Reply with quote

Which way was he going straight on ? If so you are stuffed.
Pound to a penny his story will change in the ins report and he will say you just turned accross his path.
How such a low speed crash could cause such damage to the side door of his car is another matter. Perhaps he had another accident on the way home and hit a wall just to make it worth while going through the insurance.
Get onto your ins co and tell them just how little damage there was to the front of his car and they may just press him hard on all the damage caused.
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UnknownStuntm...
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PostPosted: 09:03 - 03 Nov 2008    Post subject: Reply with quote

aaronb74 wrote:
That's not strictly true. If someone pulls in front of you, you don't always have time to stop and avoid driving into them. Happened to me a few years ago when someone tried to turn right from the left lane of a dual carriageway, cutting right across my path. Absolutely feck all I could've done about it.


Yeah, I know mate - but look at it like this you weren't in the right, you were not in the wrong. There's a subtle but MASSIVE difference, especially when you're wearing your best suit in front of someone you've just addressed as M'lud...
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flame-boy
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PostPosted: 09:05 - 03 Nov 2008    Post subject: Reply with quote

He accelerated for 15 foot in to the side of me when he couldnt see?

the fact he did so much damage to his car in such a short distance,
does that not say he was accelerating quite harsh for someone that in unable to see and taking in account the weather. sounds like a very dangrous driver.

I am going to tell my insurance company and make them aware i have no intension to claim. there for his insurance should not be able to claim off of mine?
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LeeR
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PostPosted: 09:30 - 03 Nov 2008    Post subject: Reply with quote

Sounds like you were both turning right and doing it the "modern" way in front of each other, instead of behind each other in a dosie-doe stylie.

Personally I'd stick it through the insurance, your going to have to if his vehicle is damaged. Be first and don't dally, they don't take lightly to you not reporting it asap.

IMHO if he hit you then I would suspect he's at fault, don't quote me on that it's just my opinion.

I'm glad you're okay and hope you can sort the bike out, forget the no claims at 18 you'll soon be on 5-7+ years and have plenty of good affordable years ahead of you. Thumbs Up
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duhawkz
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PostPosted: 09:59 - 03 Nov 2008    Post subject: Reply with quote

wheres the obligatory paint diagram
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iooi
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PostPosted: 12:55 - 03 Nov 2008    Post subject: Reply with quote

flame-boy wrote:
I am going to tell my insurance company and make them aware i have no intension to claim. there for his insurance should not be able to claim off of mine?


Don't work like that.
His company will start the claim against you and there is nothing you can do to stop it.

If he did as you say then it could well have been he had been drinking. Or simply he was not sure of where he was and which way he needed to go.
Only thing was you didn't blind him with your lights as he did not see you, or so he says....
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Skudd
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PostPosted: 13:19 - 03 Nov 2008    Post subject: Reply with quote

You need to put a claim in against this guy.
A few points that you need to highlight are that that the other party had held back giving the impression that he was giving you priority at the junction ( you can't take priority but can only give it)
You can then point out that you started to move with caution and it is then that the other party accelerated ( at great speed and in your opinion, far quicker than would be considered with due care. )
You can quote him as saying that he didn't see you and so was not making good observations and driving with due care.
Take pictures of the junction and make drawings of routes and paths of vehicles with the location of the accident with points of impacts on both vehicles.

But if you are ever in an accident again, stay on the floor and play dead, unless staying there will make you dead.
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Kal
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PostPosted: 17:30 - 03 Nov 2008    Post subject: Reply with quote

One way or another this is going to happen.

So report the matter to the Police, and start proceedings to file a claim.

Get your arse down there asap and take pictures of the crash scene, where you both started, critical points in the decision making etc.

Not as good as pictures from the scene at the time, but better than nothing.
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