Crash today - advice needed please

Nyarlathotep · Renault 5 Driver Joined: 21 Jan 2008 Karma :

Hi folks. I had a bit of a crash today and would appreciate your thoughts:

Riding my old fj1200 (thankfully!) on the way out of town. 30mph zone and I was well within the limit. Notice car coming up to a stop junction on the left, way too fast and clearly not about to stop. I did an emergency stop and only just miss hitting the car as it goes straight over said junction. She does stop after the incident. Unfortunately part of my emergency stop included a wet grid and I hit the deck.

Police were called and I have several witnesses who have informed the police (who were excellent and attended quickly) that I did no wrong. The driver of the car was having a good talking to by the police after they finished with me - they will provide me with her details but I suspect she may not have insurance - don't know for sure at this point.

So I'm left with a bit of a scratched bike - I'll get it checked over but it seems OK and it has crash bars so damage was minimal. My kit is OK - I was going slow by the time I came off so no damage worth worrying about. I seem to have broken a bone in my little finger - they don't xray to confirm (treatment same either way - strap it)but I've had hospital treatment.

What the police do about this lady is up to them really. I hope they charge her with dangerous driving or such. As for me I don't want my insurance effected on renewal because of her and the damage isn't such that I feel the need to use my insurance - I already pay enough! (3 bikes).
Where do you think I need to go from here?

skatefreak · World Chat Champion Joined: 06 Feb 2010 Karma :

Get in touch with the driver and try and agree on a settlment not involving the insurance companies *shrugs*.

If they are not insured and the amount needed to get the bike right isnt to much then i wouldnt have thought they would want their premiums to go up either.

If they arn't insured then i think it could be a bit of a tough one that Confused

-Jvr

ollieholt · World Chat Champion Joined: 09 Apr 2010 Karma :

if they arent insured and dont want to stump up for damages, you take them to small claims court Thumbs Up

bastards, if it turns out she is insured get legal advice on compensation for injury and the bike, shouldnt affect your insurance if it was her fault and you claim from her insurance.
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< This? Well this is just a day brightner.

ian789 · Crazy Courier Joined: 09 Apr 2010 Karma :

If she wasn't insured the rozzers would of took her car and told you.

dragstaar · World Chat Champion Joined: 18 Aug 2010 Karma :

ian789 · Crazy Courier Joined: 09 Apr 2010 Karma :

HD · World Chat Champion Joined: 16 Dec 2009 Karma :

IF she was uninsured, and other drivers too, why would you drive like mad if you have no insurance? Surely you would want to minimize the chance of a crash and getting pulle dby the police for driving like a complete maniac!

Does your finger hurt? People always break their fingers in crashes.

Glad your okay, hope you get some paper though!

Thumbs Up

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Nyarlathotep · Renault 5 Driver Joined: 21 Jan 2008 Karma :

She was foreign (eastern Europe I think) and was confused when I asked about insurance: "it's not my car". Police then turned up so that's a wait and see.

Finger may or may not be broken. Without an x-ray it's a case of if it still hurts after a week, it's broken and will take another couple of weeks to heal.
At least it's just a finger - could have been much worse were I slower to stop or didn't notice her when I did. I can vouch for R1 calipers and braided hoses as an excellent brake upgrade to a 20 year old tank of a bike!

doggone · World Chat Champion Joined: 20 May 2004 Karma :

The circumstance of the incident make me think you would struggle to pin the blame on her.

She could say your braking was too fierce or even claim your speed too high for possibly slippery road surface.
Doesn't make it 'fair' but when no collision occured it was (in effect) your avoiding action which resulted in the damage to bike.

Probably this is one you'll just need to be thankful it was minor damge only.

MarJay · But it's British! Joined: 15 Sep 2003 Karma :

Don't offer to settle without involving insurance It'll make you look dodgy. If you're going to claim anything, claim from her insurance. If she does turn out to be uninsured, then you can try for something else but otherwise insurance is there to help in this sort of situation.
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Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

I agree with Doggone. While it sounds like the other driver should be liable, proving it when there was no actual collision will probably be difficult.

All the best

Keith
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skatefreak · World Chat Champion Joined: 06 Feb 2010 Karma :

Oh dear,
The "its not my car" bit makes sense to me...

Over in poland at least I get the impression you only insure the vehicle and then anyone with a liscence can drive it as it is the vehicle that is insured and not the driver.

I can bet you 10 bob that this woman is going to claim ignorance thinking she could just *borrow* her friend/sister/unkle's car without even thinking about insurance Neutral

This could cause issues...

-Jvr

2wheelsteve · Spanner Monkey Joined: 05 Feb 2010 Karma :

Are you forgetting you will not be able to play piano properly Idea

and thats got to worth a lot Very Happy

seriously though glad your OK bud Thumbs Up

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Ride Safe

2wheelsteve · Spanner Monkey Joined: 05 Feb 2010 Karma :

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

Very true, but with no evidence of a collision it is purely down to the witness statements which could easily not go in his favour.

Not saying he won't manage to claim successfully, just that it won't be a simple claim and could easily land up being refused.

Years ago I came upon an accident (didn't see it, happened a few mins before I got there) where a car had done a manoevre that resulted in a rider taking avoiding action and coming off. Not seriously hurt and only minor damage, similar to the OP. Saw the same rider about 6 months later and he was desperate for a witness as he hadn't been able to successfully claim. It was pretty much his word against the driver of a car that hadn't suffered any impact.

All the best

Keith
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Nyarlathotep · Renault 5 Driver Joined: 21 Jan 2008 Karma :

Thanks for all the comments/advice guys. I'm waiting on the police to get in touch once the offending driver has produced her licence/insurance (if she does) then 'll take it from there.
Had a good look at the bike today and damage seems to be cosmetic only - I'm thankful I took the old FJ out and not my VFR vtec (would be £££££).

-LG- · World Chat Champion Joined: 02 Jul 2010 Karma :

Do you have the car reg? Pop it into askMID.com, will show if the car is insured, won't show if she is sadly, but will give you a bit of hope!

If shes not insured I would have thought the Police would have taken the car, unless she said she has cover from her policy and she might have been given a producer (7 days to give documents to a Police station).

If she hasn't got insurance, she'll go to court and there is a chance you'll get compo from the court. Know someone who had something similar, getting their excess paid back.

Glad your not hurt too much!