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First PROPER spill this afternoon :(

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huskie69
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PostPosted: 17:39 - 18 Feb 2011    Post subject: First PROPER spill this afternoon :( Reply with quote

Well, I had my first REAL accident today Sad

After finding Cansa's excellent pdf (https://www.bikechatforums.com/viewtopic.php?t=214065) on controlling the bike and having a squizz at the first chapter - I decided to go for a buzz at lunch time around some country lanes near where I work and try out this counter steering malarky.

This is the sort of thing they should be teaching in CBTs! I've taken corners before and shat myself thinking I'm going to smash into the wall. Not anymore - I can now flick around corners like a superbike pro Very Happy

Anyhoo, after some mean NSL corning around some country lanes, I slow down and enter a tiny hamlet (30mph limit). This restriction lasts 200 yrds at the most but I always make a habit of being overly cautious as there's a junction on the left where cars regularly swing out.

https://i40.photobucket.com/albums/e237/morgansolutions/IMG00235-20110218-1428.jpg


Guess what..... once came out smack bang in front of me - the old duffer didn't even look to his right (although he swears blind he did). I had just enough time to swerve around him but unfortunately, despite my newly acquired ace steering skills, I couldn't steer back onto the road as my wheels had found a natural slot along the ditch at the side of the road. Taking a ditch at even 25-30mph is fail and I lost control due to the immense amount of mud.

I tried my best to keep upright but couldn't and went down under the bike.

Our paths meet ...
https://i40.photobucket.com/albums/e237/morgansolutions/path_of_bike_and_car.jpg

Ditch, mud and scratches
https://i40.photobucket.com/albums/e237/morgansolutions/IMG00239-20110218-1429.jpg
https://i40.photobucket.com/albums/e237/morgansolutions/IMG00240-20110218-1429.jpg
https://i40.photobucket.com/albums/e237/morgansolutions/scratches.jpg


Quick - call the ambulance
https://i40.photobucket.com/albums/e237/morgansolutions/IMG00242-20110218-1600.jpg



I could walk at the time as I was still in shock but I'm feeling the pain now and it's hurting like hell. Also got a 'puncture' on the back of my leg from something.

The bike itself was 'ridable'. The left hand footrest had absorbed most of the impact and cracked off during the slide so it's a bastard trying to change gear. Left indicator and mirror smashed up and the fairing on the left has cracked.

Could have been a lot worse!

Ironically, I was wearing a new jacket today - a Weise jacket with padded shoulders, arms and back - came in bloody handy! I wonder though, would he have seen me had I been wearing my florescent jacket?!!

So.. questions....

Anyone else had a similar accident?

The guy had 2 passengers, one of which was his wife. She told me she was a biker back in her day (she must have been late 60s and he was mid-late 70s). She did tell him that it was his fault as it was my right of way and I had to swerve round him. However, being as she's his wife, she obviously refused to be a witness. Same goes for the other passenger who was a friend of theirs.

The guy didn't seem too chuffed about swapping details but gave in , but kept saying it wasn't his fault and he would contest it.

There was no contact with the vehicles, but his negligence caused me to have an accident. I've spoken to my insurance company (Plantec on behalf of Rampdale) and they're pretty certain he's to blame and they've taken my details and getting a hire car sorted for me.

Any thoughts on potential problems which could affect the claim? Is it likely I'll win even he's adamant it wasn't his fault?
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Acemastr
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PostPosted: 17:44 - 18 Feb 2011    Post subject: Reply with quote

It's done about £20 worth of damage by the sounds of things, insurance will take an age if he contests it, ask him to foot the bill for the new peg/maybe clutch lever and go that way.
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huskie69
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PostPosted: 17:59 - 18 Feb 2011    Post subject: Reply with quote

Acemastr wrote:
It's done about £20 worth of damage by the sounds of things, insurance will take an age if he contests it, ask him to foot the bill for the new peg/maybe clutch lever and go that way.


So are you saying there's a chance I won't get anything from the insurance?

£20 for an afternoon off work (and possibly a few off next week too), damage to the bike (all be it superficial) - possibly mechanical damage as the clutch feels like it slipping (disengaging and surging every now and then), and now I can't walk... I think you undervalue things a bit - do you work for the underwriters?!!
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.....
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PostPosted: 18:02 - 18 Feb 2011    Post subject: Reply with quote

Did you not call the police to the scene as you were injured?
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Parp
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PostPosted: 18:10 - 18 Feb 2011    Post subject: Reply with quote

Did you get the other persons details. It does not matter if they refuse to be witnesses, it is not a court issue and they were there. It is amazing how many people who refuse to be witnesses will still answer questions when asked.

If the driver refuses to accept responsibility, ask him who would be at fault if you pulled out in front of him and caused him to swerve.

You pictures make good evidence, let the insurance company see them.
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Frost
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PostPosted: 18:10 - 18 Feb 2011    Post subject: Reply with quote

pictures can be faked and therefore aren't proof of anything. You have no witnesses who won't lie when questioned.
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huskie69
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PostPosted: 18:12 - 18 Feb 2011    Post subject: Reply with quote

Joe wrote:
Did you not call the police to the scene as you were injured?


I didn't think it was that bad at the time - bearing in mind it's my first ever accident, I was shaking really badly and had enough to contend with trying to get the insurance and stuff out the way - wasn't really thinking straight. Last time I called the police (when my car was broken into) they just gave me an incident number to quote to the insurers so I guessed they wouldn't have attended anyway.
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Paxovasa
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PostPosted: 18:16 - 18 Feb 2011    Post subject: Reply with quote

Sorry about your off.

Go through the insurance, and claim for new jacket, lid, trousers, pain and suffering.

The left hand side of the handlebars looks twisted. (it may just be the pic though).

take it easy, have a hot bath and get some pain killers into you (alcohol is a good pain killer Wink )
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huskie69
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PostPosted: 18:17 - 18 Feb 2011    Post subject: Reply with quote

Throttled wrote:
Did you get the other persons details. It does not matter if they refuse to be witnesses, it is not a court issue and they were there. It is amazing how many people who refuse to be witnesses will still answer questions when asked.

If the driver refuses to accept responsibility, ask him who would be at fault if you pulled out in front of him and caused him to swerve.

You pictures make good evidence, let the insurance company see them.


They refused to give their details (is that a police matter? as they witnessed an accident). I could get the police involved as I'm injured - would she then have to give a statement? Confused She's the fellas wife so she's Mrs.(surname) - I have his details including address and surname.
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AverageJoe
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PostPosted: 18:18 - 18 Feb 2011    Post subject: Reply with quote

Glad to see you came off quite lightly as slow speed bangs can cause some good damage. The question is whether it is worth getting the mark on your insurance as you pay an excess that is possibly more then the repair and lose the start of getting some no claims build up. I have a slip in a car park which smashed up fairings and lights etc all in all cost me about £400 but still think it was better to do it without insurance as means can build up savings, is quicker and probably costs are barely different.
In a situation such as this I would suprised if you got any better then a 50/50 share (not that I have any great knowledge) other then you rarely get what you would think is fair...

Hope the knee heals quickly
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Parp
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PostPosted: 18:18 - 18 Feb 2011    Post subject: Reply with quote

You have up to 24 hours to report the accident, you can still do so. The delay is due to being so shaken, injured and the need to get home and your bike sorted. As it is an injury accident it is reportable.

My wife had a minor shunt that turned into 3 months physio as the pain and injury took a day to really start.
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huskie69
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PostPosted: 18:19 - 18 Feb 2011    Post subject: Reply with quote

Paxovasa wrote:
The left hand side of the handlebars looks twisted. (it may just be the pic though).

take it easy, have a hot bath and get some pain killers into you (alcohol is a good pain killer Wink )


Well spotted - I forgot to mention that there's a slight twist and the front wheel now seem a bit misaligned from the handlebars.

Hitting the tramadol and stella now Very Happy
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P.addy
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P.



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PostPosted: 18:19 - 18 Feb 2011    Post subject: Reply with quote

huskie69 wrote:
Joe wrote:
Did you not call the police to the scene as you were injured?


I didn't think it was that bad at the time - bearing in mind it's my first ever accident, I was shaking really badly and had enough to contend with trying to get the insurance and stuff out the way - wasn't really thinking straight. Last time I called the police (when my car was broken into) they just gave me an incident number to quote to the insurers so I guessed they wouldn't have attended anyway.


Well, looking at it, they may say you swerved to avoid but your "lack of skill" caused "your" accident.
They are like that Rolling Eyes
He didnt hit you, you went past him then had an accident.
Obviously its his fault for pulling out, but...he did stop and you did get past.

I'd MAYBE guess at 50/50

huskie69 wrote:
Tramadol and Stella


Tut Tut


Last edited by P.addy on 18:20 - 18 Feb 2011; edited 1 time in total
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swampy
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PostPosted: 18:20 - 18 Feb 2011    Post subject: Reply with quote

Same thing happened to me only a van pulled out, and it was a suburban rd. I steered round him but binned it pretty quickly (in front of the van) I broke my arm, and what with the ambulance and what not the police were called.

They did him for driving without due care on the spot, and that pretty much guaranteed his insurance paying out in my favour.

Not sure how he can contest it really. He pulled out when he should have given way causing the accident.

Write down exactly what happened NOW so you dont forget. Take pics if poss of view up and down the road, and from the junction he was pulling out from. Mention the fact you had to twist his arm to get his details (this is a legal requirement whether he feels he caused the accident or not).

Always always always call the old bill. I know it could be considered wasting their time, but they have to attend if you're injured. If they feel the driver was in the wrong it goes along way in helping your case. They can also test the drivers sight at the side of the road etc.

Looks like you got away with it to an extent, but it could have been much worse.
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Last edited by swampy on 18:22 - 18 Feb 2011; edited 1 time in total
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Paxovasa
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PostPosted: 18:20 - 18 Feb 2011    Post subject: Reply with quote

AverageJoe wrote:
The question is whether it is worth getting the mark on your insurance as you pay an excess that is possibly more then the repair and lose the start of getting some no claims build up.


Do you have to cover the excess when it is the other drivers fault?

That's news to me.
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P.addy
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PostPosted: 18:22 - 18 Feb 2011    Post subject: Reply with quote

Paxovasa wrote:
AverageJoe wrote:
The question is whether it is worth getting the mark on your insurance as you pay an excess that is possibly more then the repair and lose the start of getting some no claims build up.


Do you have to cover the excess when it is the other drivers fault?

That's news to me.


Yep, you get it back... I had to shell out £1000 when my Supra got hit Thumbs Down
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swampy
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PostPosted: 18:23 - 18 Feb 2011    Post subject: Reply with quote

Paxovasa wrote:
AverageJoe wrote:
The question is whether it is worth getting the mark on your insurance as you pay an excess that is possibly more then the repair and lose the start of getting some no claims build up.


Do you have to cover the excess when it is the other drivers fault?

That's news to me.


Yep, but you can claim it back if they're in the wrong.
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Paxovasa
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PostPosted: 18:25 - 18 Feb 2011    Post subject: Reply with quote

Cheers guys. Thumbs Up

I didn't think you would end up out of pocket when the other party was responsible for the accident.
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huskie69
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PostPosted: 18:26 - 18 Feb 2011    Post subject: Reply with quote

Paxovasa wrote:
AverageJoe wrote:
The question is whether it is worth getting the mark on your insurance as you pay an excess that is possibly more then the repair and lose the start of getting some no claims build up.


Do you have to cover the excess when it is the other drivers fault?

That's news to me.


My insurers haven't mentioned any excess (although it's 175 if I do have to pay). They're arranging to deliver a hire car over the weekend and collect the bike (and take it B'ham for inspection).

I think I will give the old bill a call and give them a statement as I'm still pretty shook up, have pics, and they can get a statement from his Missus - who probably won't be able to lie about it. With her statement, it should be a cinch getting a payout.
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Scotsman37
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PostPosted: 18:28 - 18 Feb 2011    Post subject: Reply with quote

Well, in my personal opinion on such a country road I would have been travelling down the middle of that road as it's not really that wide enough for two cars to pass each other without moving over to the side. Also, this would have made you more visible to ther driver but even being left of the centre of road he still should have been more vigilant for other road users he has probably driven down that road for many years without incident and rarely expecting others on such a quiet country road.

Sometimes giving a little pamp on the horn helps to make other road users aware if they are not looking at you when you are about to pass them to give them heads up!

Also, assume all other drivers are potential idiots and treat them so giving them wide berth on such a road with little room manouvre out of trouble!

Depending how much damage is done to the bike feel lucky with scrapes to the skin, because as you're a learner no doubt your insurance provider may increase your premiums next time round due to claiming on your policy if it's only a small amount to claim.

So take your bike to a mechanic to get an estimate of possible whats wrong with it along with with manual labour costs to get it back in the state before the accident. supplying this info to the driver he may pay out this way rather than having his own premiums go up and you in turn avoid increasing yours too.


Last edited by Scotsman37 on 18:36 - 18 Feb 2011; edited 1 time in total
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Oldie
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PostPosted: 18:31 - 18 Feb 2011    Post subject: Reply with quote

The last time someone caused me to crash, a few years back, I didn't even bother with my insurers, went straight to a lawyer and got them onto the case. Got paid out as well.

Much as I hate them, a no win no fee lawyer will assess your case and decide if you have anything coming your way.

I think that it is important to report the accident though. Be careful how much detail you post here, just in case.
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Scotsman37
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PostPosted: 18:33 - 18 Feb 2011    Post subject: Reply with quote

Remember it's the guy's missus and she may end up protecting him from taking a fall for his mistake, and so be prepared being declared jointly responsible for the accident by the Police as it's your word against him and his missus if they say you were travelling to fast with little due care for other road users on a country road.

Last edited by Scotsman37 on 18:39 - 18 Feb 2011; edited 3 times in total
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huskie69
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PostPosted: 18:34 - 18 Feb 2011    Post subject: Reply with quote

Scotsman37 wrote:
Well, in my personal opinion on such a country road I would have been travelling down the middle of that road as it's not really that wide enough for two cars to pass each other without moving over to the side.


I normally do - only on this occasion I'd just moved over to allow a car to pass on my right so my positioning was just bad timing more than anything else.
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Paxovasa
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PostPosted: 18:36 - 18 Feb 2011    Post subject: Reply with quote

huskie69 wrote:
Well spotted - I forgot to mention that there's a slight twist and the front wheel now seem a bit misaligned from the handlebars.



If the handle bars is twisted the wheel will not be in alignment with them Wink

Might just be that the forks have been twisted.
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Kwaks
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PostPosted: 18:47 - 18 Feb 2011    Post subject: Reply with quote

Said it before, will say it again, hopefully for the last time.


Either hit him or call police to the scene for your "injury".


Doing either in this case would ensure the insurance companies pay out correctly, without then there is always a risk.


BTW, are you 100% sure it is a courtesy car and not a hire car?
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