insurance advice (after crash)

[bloom]

hi all

first post and not a great way to start but.... some berk turned right straight into me, i braked hard but had no option but to either drop off onto the road or hit him head on, I took the road option, he was clearly on my side but knowing what insurers are like will my claim be "his fault" even though I technically came off before hitting him ?

probably a numpty question but I dont want to jepordise my claim by saying something I shouldn't.

tia for any advice

t

[pinkyfloyd]

I think if you actually hit him and got his details then it is a case of..... He was on the wrong side of the road so his fault, providing you have witnessess to verify that.

If, however, you didnt hit the car in question and the only damage done was to the bike then it will be a case of proving the numpty was driving on the wrong side of the road.

If no damage was done to his car then I'm not sure how it would play out.

Either way it sucks and not a good welcome to the forum.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.

[Ariel Badger]

Was there any CCTV?
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Bikers make great organ donors, get 115 on your licence today.

[bloom]

no cctv, damage to his car driverside front corner where I sild under, no witnesses to actual crash (I think), but witnesses after could verify position of his car, got fire brigade out to clean massive oil/petrol spill (from me) on my side of road, he admitted he didnt see me and said it was something about the lights and the fact he lived there he was used to just taking that corner, but the street lighting is fine, there was an unobstructed view of the road, clear night, any good ?

[pinkyfloyd]

Did you call an ambulance? The amount of times its been stressed on here before, If theres a bike accident call an ambulance and then the police have to attend. That eliminates any doubt as to who was at fault.

The fact that he has admitted that he didnt see you helps but with no witnesses then it is a case of you word against his.

For future reference. Ambulance and take pics of the crash site with the mobile.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.

[bloom]

i called police, ambulance turned up as did fire brigade, medic checked me and then said the police wouldnt bother turning up as noone was *really* injured. he had moved his car out of the middle of the road as it was blocking both lanes before I had a chance to say anything (was hobbling around holding my knees and swearing alot), medic guy said police were cancelled so I pushed the bike home with help from a guy from a bike shop, he's the one who said he saw me come off but not the bit before (he was coming round the corner at the time), he would be able to verify the positions of the vehicles after the crash if that counts for anything ?

[pinkyfloyd]

Thats as close to a witness as your going to get.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.

[P.]

On one of my crashes, a guy pulled out.. in an attempt to slow down rapidly i threw myself on the bike to the floor, he was deemed at fault for dangerous driving and my insurers raped him silly..

You should be ok, did they actually collide after you came off, also you hitting the floor due to his mistake/arsehole-ness injured you didnt it its his fault.


(obviously this is assuming you weren't speeding/being a knob)

[Rogerborg]

Caused another road user to take avoiding action = his blame = claim for you. Also, incidentally, an instant fail on a driving test.

If your insurers aren't minded to go after him, find another lot who will. For example this lot.

[HD]

[bloom]