Accident advice please

[Bofh5]

My sons just been hit by a car on his moped
He was pulling out of a driveway and the car driver said she didnt see him as there was a van blocking her view. My son says he pulled out carefully to see around the van and was edging out when she hit him.

I arrived within a few minutes and he was lying on the floor. Her car had been moved so i didnt see the damage to it !
His peds a write off: the shocks ripped out of its mounting and the wheels 90 degrees to the bars plus the plastics are ripped to shreds.

The police and ambulance arrived and took statements and then the police gave my son a lecture about how he shouldn't have pulled out where he did !

I've got the drivers details and have to take my son to the hospital for x-rays as he might have cracked a rib or two.

The only witness my son has is his friend who saw everything but is only 17.

So BCF is it worth an insurance claim against her or will her insurance just try and blame him ?
If it had been some little kid who ran out then they would have been seriously injured judging by the damage to his bike.

I spoke briefly to her and she said she had her 11 year old in the back and was on her way home and didnt see him. She was shaking and in shock and said the car had been moved but not where.

Cheers
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(L)users...Disk space is to good for them.

Bikes: Honda 50 / CB125-TDC / 93 CBR600 F2 (Stolen & Trashed) / 2001 SP-1 (Sold) / 95 CBR600 F3

[Kickstart]

Hi

Suspect as he is pulling onto the road the insurance will go 100% to the car driver.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[dragstaar]

What keith said. Car or bike, if you are merging onto a road, it is not your right of way. in that respect, it is highly unlikely that a case will go in your favour

[Paxovasa]

Your son is at fault.
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Suzuki GSF600 K3 (in the fastest colour, black).

[chris-red]

[Martay]

Unfortunatly:

[iooi]

Car pulls out on bike SMIDSY and a riot erupts.

Sorry to say, and I hope your lad is OK. But as he was pulling out its his fault.

You enter the traffic flowit your responsibilty to ensure its safe to do so.
Might be worth having a word with the van driver over obstructing peoples view.
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Just because my bike was A DIVVY, does not mean i am......

[Rogerborg]

First, I hope your son is OK.

[The Artist]

IIRC in France it would be the opposite. Pulling out onto a road/down a slip road onto another road then you have priority. Stupid but in this situation, it would have legally benefited your son.


Hope he GWS.

[Bofh5]

thanks for the replies
just spoken to the driver who said her cars been taken away as the wheel and driveshaft is damaged !
Shes going to claim against him for the damage so thats his insurance f*cked for the next 5 years

Luckily for him its just bruised ribs and other cuts and bruises so he'll be sore tomorrow.

Cheers
____________________
(L)users...Disk space is to good for them.

Bikes: Honda 50 / CB125-TDC / 93 CBR600 F2 (Stolen & Trashed) / 2001 SP-1 (Sold) / 95 CBR600 F3

[cloric_tzr]

i would go for a counter claim anyway, there is know harm in tryin right? IMO if you just leave it you son is addmitting responsibility by default, she has already admitted not seeing him due to poor visability so to hit someone on top of that shows lack of due care and attention?!
why the police feel the need to lecture an injured lad who's probably fairly traumatised by the ordeal is beyond me do you think they would do the same if it where you on a bike rather than a ped?
i hope he's ok and that this has not put him off riding!!
all the best rick
____________________
i dumped my girlfriend the other day! she wouldnt act out one of my fantasy's. all i wanted her to do was come home from work, catch me fucking her sister and join in!!! miserable bitch!
My wifes so ugly, the only thing that goes down on her
Is the internet connection.

[Bofh5]

Just spoke to another witness who said she phoned her husband straight after the accident and he moved the car straight away.
They also said the only damaged they saw was a dent on the wing and she didnt run the ped over so how the hell it damaged the driveshaft and wheel i have no idea.

Will leave it up to the insurance company now and just hope for the best...

Cheers
____________________
(L)users...Disk space is to good for them.

Bikes: Honda 50 / CB125-TDC / 93 CBR600 F2 (Stolen & Trashed) / 2001 SP-1 (Sold) / 95 CBR600 F3

[Villers]

I remember reading about a case where a car had been pulling out of a side street into traffic and a biker coming the other way ended up going over his bonnet. The kicker here was the biker couldnt see the car due to a bin lorry waiting to turn into the narrow side street. The story of the case was that the car had no option but to exit and was deemed to have crept safely enough at a speed that would show him emerging, and that it was the biker who's observation was poor and therefore at fault.

Anyway its fairly different but the main point was that the car had no option but to pull out to get a view of the traffic. In this case the lad can only really play the hand he's dealt and pull out of HIS driveway in a careful manner so he can at least see, as he has no option but to creep out then he has to do it very slowly and thus traffic can see him emerging and take the relevant actions.

If the lad crept out until he could see and she clipped the nose right off him there may be some ambiguity, depending on the speed of the road etc. In truth to see past the van he would have needed only half of his front wheel poking out to see up the road leant over the front. Im guessing he was more 'out' than that or the 'lady' would have to have been on the vans door handles to actually hit him.

Its harsh though, if the kid was creeping out gradually theres no reason he should be hit as the drivers on the road should have a suitable distance from parked cars and be taking good observations of the emerging hazards (we have a test for that don't we?). It sounds as if he might have poked it out a bit too far a bit too quick, or she wasn't looking for hazards.

Someone clever may be able to get the defence down to the point of a partial blame each way. Normally I wouldnt condone counter claiming when blame is clear (i.e if he did pull out too far too quick) but if the 'lady' has damage to the car that isnt possible from the accident and she's on the make then she seems to have invited 'prison rules' upon the situation!

Something to bear in mind I guess!
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[fozzym]

Just to put my two pennith in...... For one, if you don't see someone pull out on you because of restricted vision doesn't mean you are in the wrong.

I guess the woman said she didn't see the young ped rider pull out because thats what happend...but she doesn't have to be looking for folks pulling out of side roads. Of course we should all be looking out for hazards but we aren't responsible for others doing the wrong thing.

Like others have said, when car pulls out in front of bike we all go up in arms.

However you look at this, the lad pulled out into the carriage way and go hit so obviously it wasn't safe to go.

Lets just hope he gets well soon and realises he was in the wrong and learns from it . Worst thing you can do is think its someone else's fault and get the hump and then not lean from it.

[C-Pk]

I feel for ya mate. Knowing insurance companies they might just take their word for it. Just get all the details right on the forms.

Some companies nowadays will investigate to stop false claims, But I don't like your chances.
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Passed Mod 2 - 6th August 2010

First and Current Bike - 2008 Suzuki SV650SK8

[Bofh5]

What i can't understand is why her husband drove the car from the scene within minutes of it happening. Then its on a transporter being taken away with a damaged wheel and drive shaft

Thanks again all
____________________
(L)users...Disk space is to good for them.

Bikes: Honda 50 / CB125-TDC / 93 CBR600 F2 (Stolen & Trashed) / 2001 SP-1 (Sold) / 95 CBR600 F3

[Villers]

In the original case the judge recognised that at some point the car HAD to pull out. In this case the lad was pulling out of his drive, he had to get out somehow and the safest way would be to edge out at a slow speed to a safe distance. Im not seeing this happening here but theoretically the only other alternative is to not go out. If someone creeps out in front of you with plenty of time foryou to react that doesnt escuse you from taking no action and hitting them

On another note, YES we should be expected to watch for hazards such as driveways and junctions. There is a whole part of the test dedicated to emerging hazards. More importantly lack of blame or the moral high ground wont bring you back to life.
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[cornish]

[Bofh5]

Thanks hes's battered and bruised but alive to tell the tale so thats the main thing.

I wondered about the whole moving a vehicle involved in an accident thing...
I could understand her claiming for bodywork damage but i'm very suspicious of driveshaft damage !
For all i know she could just be using this as an opportunity to get a knocking drive shaft fixed...
____________________
(L)users...Disk space is to good for them.

Bikes: Honda 50 / CB125-TDC / 93 CBR600 F2 (Stolen & Trashed) / 2001 SP-1 (Sold) / 95 CBR600 F3

[cornish]

that does sound a bit dodgy. you'd think she'd have to be going at a fair old pace to break a drive shaft. . . .which could indicate that she was going past a hazard (the van) in what i assume is a residential area without due care and attention or even over the speed limit?. . . . .in light of what Villers was saying above.

Can the police search the garage history of the car and see if it's been in for drive shaft problems recently?
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smile and be happy. . . .it gets right on everyone's tits!

[Bofh5]

does seem odd the damage her car sustained from clipping a moped....
the police were quite hostile and even the paramedic had a go at one of them who kept opening the ambulance door trying to do a breath test !

i'll call the insurance company tomorrow and tell them what happened and then its up to them if they want to pay or dispute it. I would think they would want to asses her car first though.
____________________
(L)users...Disk space is to good for them.

Bikes: Honda 50 / CB125-TDC / 93 CBR600 F2 (Stolen & Trashed) / 2001 SP-1 (Sold) / 95 CBR600 F3

[Kickstart]

Hi

At this stage I wouldn't take the claim of damage that seriously. For example if speaking to the driver do they have any idea what a drive shaft is, rather than just mishearing and repeating to you when told drivers door.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[lihp]

[lihp]

[cloric_tzr]