Classic SMIDSY - UPDATED

[janner_10]

So after a rather splendid evening at the last Glos Biker Night in Malvern, I decided to take the long way home as it was a nice sunny evening.

I was coming home along the Evesham Road towards the Teddington Hands roundabout. It was about 10pm at night, so pretty much almost dark.

I approached the junction on the picture, me on the major road and a car waiting on the side road to my right, waiting to turn right so he would be travelling the same direction as me.


https://i48.tinypic.com/6fb0wp.jpg

Image Link: https://postimage.org/image/icvjjqgcn/


My speed was dead on 50mph, as I remember the road going from NSL to a 50, it was dark and thought best to stick to 50.

I clocked the car appearing to my right and eased off the throttle slightly to about 45 ish. Anyhow, the old guy in the car just pulls straight out without looking or even coming to a complete stop at the junction, across my path but about 15 yards infront of me. I couldn't swerve around him as his car blocked that route so opted to slam on the anchors, which I did. I eventually hit the back of him where both lines meet on the photo, at about 15 to 20 mph.

Damage to bike: Front fairing and screen u/s, Forks seem bent, exhaust dented and scratched, RHS foot peg and front brake lever smashed and heated grips control box smashed.

Damage to me: Broken right wrist.

Damage to his car: Dent in tailgate (Vauxhall Agila)

His immediate words to me were ' Sorry I didn't see you'

I phoned the old bill there and then but they wouldn't send anyone out. Cocks.

Sadly there were no witnesses, so it's me v him, I am more than prepared to fight all the way to prove him 100% liable.

Phone my insurance the next morning, made a statement to police station near me etc etc.

My only concern is him changing his story and trying to put the blame on me. although I have no reason to think he will, apart my experience of people being cunts. He is an elderly gent, probably 65 to 70.

Anyone had similar and can give some pointers.

Update: 13th June

So I phoned the insurance company this morning to find out any news. They have received a letter from the other guys insurance company, stating that full liability is with me!

They haven't recieved details yet about his version.

Obviously my hopes that he was going to act like a gent admit he didn't see me, like he admitted at the scene. have been dashed.

The girl said this could be just an automatic response from them until they get our full account, which is now what I have to write out for them, plus usual drawing.

I can see the whole fucking debacle dragging out because of this cunt now! Police have also been no fucking help whatsoever.
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Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1

[Ariel Badger]

You should have phoned the ambulance, police have to attend if you do.
____________________
Bikers make great organ donors, get 115 on your licence today.

[janner_10]

I wish I had now!
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Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1

[Pol Anorl]

Im sure his age will help in your case anyway.
Elder man saying he didn't see you that would more than likely stick in court.
____________________
GOOD GAME BODYGUARD: https://i.imgur.com/8WePGgf.jpg
20:30:37 Pyro.: I don't sort of like men, I take every advantage to choke on dick.
Jewlio Iglesias: You live in Liverpool - Chances are, the front door has already been kicked off the hinges

[dodgydog]

[Rogerborg]

Broken wrist and no ambulance?

If Plod won't attend obvious without-due-car-and-attention incidents, how are we meant to get dangerous coffin dodgers like that off the road? I wonder how many people he'll have to pull out on before he becomes uninsurable or finally gets prosecuted.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[fatjames]

I hope your injuries aren't causing you too much pain mate.

Sounds clear cut 100% from the original post. I can't see how he could try and blame you. The road he was coming out from was a give way. And if you were speeding (50+), you'd be even more fucked.

[janner_10]

So I phoned the insurance company this morning to find out any news. They have received a letter from the other guys insurance company, stating that full liability is with me!

They haven't recieved details yet about his version.

Obviously my hopes that he was going to act like a gent admit he didn't see me, like he admitted at the scene. have been dashed.

The girl said this could be just an automatic response from them until they get our full account, which is now what I have to write out for them, plus usual drawing.

I can see the whole fucking debacle dragging out because of this cunt now! Police have also been no fucking help whatsoever.
____________________
Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1

[G]

Not a great use of public resources, but if you have to call an ambulance, then I believe the police have to attend.

A broken wrist would definitely justify an ambulance, I reckon!

[T.C]

[G]

[janner_10]

My thoughts exactly G - I would of thought the 3rd party would be less inclined to lie to the police seeking his version of events than an insurance company employee over the phone.

(Their letter attempting to push the blame onto me is dated 7th June which is the day after, so they are only going on his verbal account)

I am trying to contact the police and find out if they have had chance to speak to the other driver yet, especially as I have sustained an injury, in the hope he would tell them the truth.

Given the fact my bike hit the rear of the his vehicle, he could quite easily say he was parked at the side of the road and I rode into him. The whole thing makes my blood boil - I have lost a form of transport I love riding, his car has a small dent!!
____________________
Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1

[map]

Hope you get this sorted ok as car driver at fault on this.

However, if I could relate my experience once when driving the car.
Turned left then immediately signalled to turn right and manoeuvred car. Looked behind and saw bike approaching on left side of road.
Thought nothing of it as no danger and bike could filter down my left.
So not a SMIDY as I did see it, just didn't think bike rider would be stupid.
Started turn and next thing hit by bike in the rear. Car was actually at an angle turning into the road.
FWIW bike was ZX6R, I recovered part of the fairing.

What had actually happened was he'd been held up at railway crossing. Gone hurtling off when barriers up and saw straightish piece of road and a car pootling along. Obviously oblivious to the car indicators and highway code saying not to overtake at junctions decided to overtake. Hence why he hit my rear.
I guess if someone had been turning left out of where I'd been turning in there would have been a head on collision.

Despite numerous correspondence was decided by insurance companies it was a 50/50 accident (probably best result for the insurance companies). As you may guess I'm still not happy years later.

Hope you have better luck. I do believe it is luck as well, the insurance company I had did tend to ignore 'facts'. Just don't back down with insurance companies even though they can prevaricate and draw this stuff out for months/years.
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...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?

[Shinigami]

found out where he lives and shit through his letterbox
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Current: Honda City Fly CLR125 2003 Honda CB600F Hornet 2008 Yamaha FZ6 S2 + 1991 Kawasaki GPZ500
"Once you realize what a joke everything is, being the Comedian is the only thing that makes sense.

[janner_10]

Very harsh going 50/50 on that Map - must of been fuming!!

Thanks for letterbox advice!
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Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1

[Andy_Pagin]

[janner_10]

Very good idea - the corner house is completely empty as I stuck the bike in the drive overnight - I will definitely try the others.
____________________
Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1

[P.addy]

Keep phoning, hassling them stating he pulled out on you.

Keep doing it.

Piss them off, keep hassling them so they fight your side rather than accepting his end.

[map]

[T.C]

[Rogerborg]

FUUUUUUUUUUUUUUUUUUUUUUUUUUUUuuuuuuuuuuuuuuuuuuuu

When (not if) I have one of these no-witnesses SMIDSYs, I hope to retain the presence of mind to look the coffin dodger or slag in the eye and say "It's OK, bikes are hard to see, but can you please, please, not screw me over by changing your mind about what happened later?"

I'm not really sure what else you can do when it's a case of Nice Old Gent or Distraught Mother again Kitten Murdering Speed Rage Biker.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[janner_10]

So after 13 months, this got to Worcester Magistrates Court.

The old git had been continuously denying any wrong doing, even to the extent of turning down a driving improvement course, no points and at a cost of £80 in February.

Had my day in court as a witness for the CPS who were prosecuting him for Driving without due care.

Long story short, he was found guilty, £250 fine, £450 court costs and 5 points!!

Utter Wankshaft must be gutted!!
____________________
Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1

[i.p.phrealy]

they should have given him 12 points and got him off the road for good.
____________________
it is impossible to lick your own elbow...
and if you just tried you need professional help.
Finally allowed a big bike 19/03/14!

[waffles]

So does this mean his insurance company will pay out for everything?

If so, result
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Theory test - 19/8/09, CBT - 11/10/09, MOD 1 - 16/8/10, MOD 2 - 27/10/10
Past rides Yamaha XT125X, Triumph TT600, Honda XR250
Current rides Suzuki GSXR 600, Honda MSX125

[shereen]