Accident advice Please....

flat eric · Spanner Monkey Joined: 23 Dec 2006 Karma :

I was knocked off my bike 2 weeks ago sunday just gone. think the bike (08 gsx-r600) will be a write off. A car was indicating and starting to turn left (my witness says that he (the car driver)actually stopped moving) while i was passing him on the other side of the road (as it was completely safe to do so). My witness totally backs my story up, even makes it more in my favour, as i missed the bigger picture from the rear, as busy passing this nutter. Anyway i think the police are siding with my account of things as the officer who called the other day said (after i'd asked him what happens now) that he will probably get points and a driver improver course.

All statements now go to an indipendant police assessor panel, to decide who is to blame. My statement, my witness statement and the driver statement goto this panel. So waiting to hear who will be charged and with what.

Does this mean the driver will get full blame for the accident ?

Also he blew 28mg in the breath test. I was zero in the test.

Will the insurance A: be aware of this fact and B:take it into account when they decide blame. As an hour earlier he would have been over the limit.

Must admit that would have been funny, seeing him being arrested and carted away. I mean it would have been hard for him to deny full blame.
Hope someone can help with advice. Just waiting now to heal and get back to work. Broken 5th metatarsal. Lucky really as not going quick at all.

I got a great deal with my bike. Only paid £4,900 for an 08 GSX-R600. They are £6,000 to buy second hand now. But as i got such a good deal, when i insured it i put the value down as £4,500. To keep the premium down as i didn't expect to get knocked off it with 2 weeks to go before my insurance ran out. Does that mean the insurance will only give me the maximum value of £4,500 and not the £6,000 it will take me to replace it with a similar bike, as they cost more than what insured it for. Probably me being a tit. I was always led to believe that they will have to replace like for like in the event of the bike being written off. Am i wrong in thinking that. As i've not got the extra £1500 to replace it with another GSX-R600.

Hope someone can help.
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arry · Super Spammer Joined: 03 Jan 2009 Karma :

Can you describe the accident a bit better here? I'm not getting what actually happened.

With regards the breath test - if he's passed it he's passed it, and that's that.

Derivative · World Chat Champion Joined: 03 Aug 2010 Karma :

Your account seems to have something missing - where's the bit where you, er, crash?

flat eric · Spanner Monkey Joined: 23 Dec 2006 Karma :

No problems. Here goes.

My friend and i were travelling along a pretty straight piece of road. I was in front of my friend. It was a sunny and dry day. Great for biking.

The driver of the car was slowing and indicating left. So i slowed and saw that the road was clear infront. the driver started to turn to the left. My witness said that he actually stopped moving, but i was passing at the time, as was looking ahead all the time, o didn't see him allegedly stop.

As i was level with his driver door (on the opposite side of the road, so as to give me a safe space between car and bike), he turned (without indicating and looking in his mirrors) sharply and hit my bike at the gap between the front wheel and the fairing. Trapping my foot between the alloy wheel and the bike frame. Result - broken bone in foot.

I parted company with bike and can't remember getting up and taking my helmet and gloves off.

My witness gave a statement at the scene, and fully backs my account of events up. Adding more info than i could remember, as he saw the whole thing from behind.

Hope this is enough info. Shocked

See car picture attached.
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flat eric · Spanner Monkey Joined: 23 Dec 2006 Karma :

Sorry EdgEy. Just added more info
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arry · Super Spammer Joined: 03 Jan 2009 Karma :

It looks to me that you've gone to overtake at a point where there's parking spaces to the right which it was fairly foreseeable that he may wish to use.

It's a bit 50/50 ish really based on what I have seen.

lihp · World Chat Champion Joined: 22 Sep 2010 Karma :

I'd say 50/50 overtaking on a junction, where was he turning to go to?

Acemastr · World Chat Champion Joined: 01 Oct 2008 Karma :

out of interest, would him blowing 28mg go against him? always wondered where the law stands with people who have an accident but are under the limit?
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Ayrton · World Chat Champion Joined: 02 Sep 2010 Karma :

I think we need a paint diagram of the crash Wink

flat eric · Spanner Monkey Joined: 23 Dec 2006 Karma :

Not parking spaces, turning points. the first on the left was a turn in mainly used by farmers to turn into their fields. Tha gate was closed on that turn point. But the turn i guess he has seen shortly after leads into a wood cutting yard on the right hand side of the road, and the lead in was much larger. I think he has started to turn left and then seen the yard. And without looking in his mirrors, just suddently turned. If he was paying attention to the road and others around him, he would have seen me and my friend in his mirrors and would have surely been aware of the danger of suddenly turning in front of us. And would have turned when safe to do so... Shocked

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flat eric · Spanner Monkey Joined: 23 Dec 2006 Karma :

Here is the scene/road layout. You'll see the big yard at the bottom of the photo. This is where i came to rest, just to the right hand side of the turn in.
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lihp · World Chat Champion Joined: 22 Sep 2010 Karma :

Ayrton · World Chat Champion Joined: 02 Sep 2010 Karma :

At what point did you notice the gate was shut?

Its definatly his fault. He indicated left and didnt cancel his indicators or look to turn right. The idiot had also been drinking.
Not sure if the insurance will see it like that though...

flat eric · Spanner Monkey Joined: 23 Dec 2006 Karma :

Can't say for definite that the gate was closed. So can't assume he was not going to turn into it.
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shereen · World Chat Champion Joined: 15 Mar 2011 Karma :

I also see it as overtaking at a junction and would say 50/50 at best. Its a no no really.

As for the car, he didnt technically break any laws as he was under the drink drive limit.

I stand to be corrected on this point as I do not know this as fact.
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flat eric · Spanner Monkey Joined: 23 Dec 2006 Karma :

Not sure why i said the gate was closed. Simply don't know. But it was not a contributing factor. He should still have been looking around and he must have seen us. Brightly coloured bikes with noisy exhaust (standard i must add).
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lihp · World Chat Champion Joined: 22 Sep 2010 Karma :

Well either you were close and he hit you pulling back on to the road.

Or, you overtook and he pulled into the turn on the right after being back on the road.

Which one is it? He couldn't have turned right onto the wrong side of the road from that left turn?

HJM · Crazy Courier Joined: 15 Apr 2012 Karma :

out of interest is the "witness" your friend?

Wish you all the best, get well soon!

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Taught2BCauti... · World Chat Champion Joined: 12 Jan 2012 Karma :

You can still be below the legal limit when tested, and be charged with driving (or attempting to drive) whilst under the influence of alcohol (or drugs). Driving whilst actually over the limit is a separate offence.

This allows the Police to prosecute drivers whos driving is clearly affected by a small amount of alcohol, or where an unexpected low reading is obtained on the evidential test machine.

If the Police decide not to prosecute the driver under this section of the law, the Courts probably won't accept that the alcohol was an aggravating factor in the accident.

Then again, if you had considered the outcome as a possibility beforehand (which it must have been since it did happen) would this have affected your decision to overtake at that point?

The driver's solicitor might ask this.

If you answer 'Yes' then you were negligent, if you answer 'No' you were reckless.

I'm not sure how you could win this one, 50-50 I think would be a good result without specialist legal advice.
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Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Taught2BCauti... · World Chat Champion Joined: 12 Jan 2012 Karma :

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

pendulum · Traffic Copper Joined: 13 Feb 2012 Karma :

Well, if I was the car driver I'd be rather concerned about it. The damage is to my front side and I was carrying out a manoeuvre without checking if the road was clear beforehand; there is a witness to confirm this...

You won't know until you know, but there's a chance this will go 100% in your favour.

anthony_r6 · World Chat Champion Joined: 31 Mar 2011 Karma :

You say you have a witness. This isn't your friend on the bike behind you is it?
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