Motorcycle crash/insurance

[snowdude2004]

Well last night I managed to crash with a 50cc ped (with an illegal 70 cc kit and pipe etc on) because he cut in front of me during an overtake without checking in his mirrors (which he did not have fitted), Did not signal with indicators or arms (his indicators do not work) and he did not perform a shoulder check to make sure I was coming up on his side.

This results in both of us flying out onto the road and the point of impact on my bike was the front headlight unit at the side where he hit into me where as he said to the police that I hit him up the ass. I was approximately half way up his ped when he made the manoeuvre so I had no time to try and save myself or the bike.

The police had to be contacted because it affected other road users for a good 5 minutes or so whilst we picked up bikes and pushed them off the road. When they came the swapped our insurance details, breathalysed us, did not check any of my statements that his indicators didn't work etc. I have a witness behind me who is friends with both of us who said he cut across me but didn’t take a statement from him.

At the end of it I came out with more physical injuries and my bike is a hell of a lot more damaged, I wait by the road side for a good 2 hours plus waiting for Mr RAC man whilst he gets picked up in a van with the ped in the space of 20 minutes to have his ped now running I believe this morning because he changed the cylinder.

He said we won’t go through insurance which I thought fair enough because his ped is highly illegal and because on my bike I forgot to declare the silencer on it, He then calls me up this morning saying he removed his 70cc for a 50cc because it "blew up" and he is now going through my insurance company. The thing is I started stripping my bike last night to remove the damaged components so the insurance company will probably side with him I'm guessing.
Below is a diagram of the manoeuvre, Do you think I have a chance of making a claim?


https://i31.photobucket.com/albums/c376/snowdude2004/Bikecrash.jpg
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CBT passed: 26/09/09, Theory Passed: 18/08/10, Mod 1 passed: 20/10/10, Mod 2 passed: 26/10/10.
Current Bike: Honda CBR 400 Nc23

[ms51ves3]

Very risky overtaking at a junction.

[N cee thirty]

let me guess,you were going around in a group and you wanted to be first ?

seen and heard it happen alot
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'00 Aprilia RS50 > '92 Honda CG > '99 Yamaha Fazer > '91 Yamaha RXS > '79 Suzuki X5 > 01' Honda Cg > 07' Honda Cg > 82' Kawasaki Z200 > suzuki gsxr 400 gk73a > honda vfr 400 NC30 Mod 2 Passed 09/06/2011

Jewlio Iglesias wrote: I actually did vote BNP once

[L4Isoside]

Didn't they teach you anything on the CBT

Never overtake with a junction to your right, this also includes places that you can pull over/ lay-bys etc.

EDIT: I almost went for an overtake and realised there was a junction so didn't, very glad of this because a second later the car indicated and turned in to it

[tvr321]

LMAO, you were overtaking before a junction.

Darwin award?

[Wafer_Thin_Ham]

Probably go 50-50(70-30 his way at a push) to be honest, so it's not really worth either of you claiming.
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[snowdude2004]

Yeah I thought it would be about 50/50, I didn't spot that junction until I was coming up to it I thought it was a tad further up the road....
____________________
CBT passed: 26/09/09, Theory Passed: 18/08/10, Mod 1 passed: 20/10/10, Mod 2 passed: 26/10/10.
Current Bike: Honda CBR 400 Nc23

[G]

It's sounds quite possible it will be a split some way.
If he's claiming against you and it's split, you might as well claim too - and make it clear to him you will be intending for some if not all of the blame to be again him.

[snowdude2004]

Ahhh alright then, I'm going to go to the doctors later tonight to get assessed and given some stronger pain relief because my neck is killing me, left shoulder is jarred, left knee is painful, right hip bone hurts and both of my wrists are killing me and keep clicking.
I'll do that and then go from there I suppose.
____________________
CBT passed: 26/09/09, Theory Passed: 18/08/10, Mod 1 passed: 20/10/10, Mod 2 passed: 26/10/10.
Current Bike: Honda CBR 400 Nc23

[Redoko]

[Livefast123]

I think it's definitely worth mentioning again.......

Overtaking approaching a junction on the right = Large Fail

The good thing is that both of you came out of it to tell the tale and nothing was coming the other way to squash you. I would get your bike back to standard asap just incase they want to examine it as insurance companies know what 50's are like for illegal mods.

Hard lesson learned but keep us updated.
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Current ride - Yamaha MT-07

[Wilson123]

[kitty kat]

Lucky you are not getting charged with driving with undue care & attention. I did after I overtook before an entrance to a car park. Luckily when I went to court and defended myself I got found not guilty.


Hope you are ok and get the bike sorted soon.
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Enjoy everyday, tell those you love everyday you love them
Life is too short to fall out with people

[snowdude2004]

Well after walking around today in pure agony I got myself over to the out of hours doctor an hour or so ago, only to be prescribed with 28 tablets of Codeine Phosphate which are a measly 15mg.

Notified insurance company of whats going on and have fully check the bike over now. The full list of faults I've noticed are as follows:

Rear brake lever
Rear brake lever mounting bracket
Rear indicators
Throttle assembly ( currently revs very high when started because throttle is permanently jammed open and the plastic component shattered).
clock mounting bracket is partially bent but hardly noticeable
Headlight unit and screen
Silencer has a small scrape, may need replacing?


Pictures soon to follow when I get into the garage
____________________
CBT passed: 26/09/09, Theory Passed: 18/08/10, Mod 1 passed: 20/10/10, Mod 2 passed: 26/10/10.
Current Bike: Honda CBR 400 Nc23

[snowdude2004]

O and I forgot to mention that ped was back on the road today only to have someone go up his ass this time. The person who went up his ass was another ped and because me and him already had a crash he didn't bother doing anything about that and is probably going to blame more of that damage on me to his insurance company
____________________
CBT passed: 26/09/09, Theory Passed: 18/08/10, Mod 1 passed: 20/10/10, Mod 2 passed: 26/10/10.
Current Bike: Honda CBR 400 Nc23

[DrDonnyBrago]

[G]

I'd try and get some evidence of his latest accident too - then it gives you extra ground to dispute his claims and the possibility you can try and hang the threat of 'fraud' over him if he does try it on.

[snowdude2004]

[G]

Eh? The way you describe it, it should be an easy, quick and pretty cheap repair to get it 'usable'.

[snowdude2004]

Well been back to the doctors and now prescribed with co-codamol. Insurance has started making the arrangements to make a claim now. Told them I've stripped the damaged components and I said it was restricted on the throttle mechanism which is now fucked. They said that's fine and to take it to a mechanic to get a quote and they'll then get an engineer around.
____________________
CBT passed: 26/09/09, Theory Passed: 18/08/10, Mod 1 passed: 20/10/10, Mod 2 passed: 26/10/10.
Current Bike: Honda CBR 400 Nc23