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Had my first accident....advise needed please

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donniemateno
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Joined: 01 May 2011
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PostPosted: 22:53 - 03 Jun 2013    Post subject: Had my first accident....advise needed please Reply with quote

Hey guys and girls

Had my first accident today after 4/5 years riding

Filtering on a Main A road ( in Worthing if anyones interested) and someone was flashed to come out of a quiet road didnt see me and I didnt see them until it was too late , he clipped my back wheel and I went sliding down the road

Went to hosp etc and im ok just cuts bruises sore ankle and damaged pride. Im thankful thats all thats damaged on me

My bike on the other hand well I dont know I went straight into an ambulance which saw the accident thankfully but never saw my bike. My question to you guys is, can i ask for the witness statement given to the police? As im unsure whether to claim or not as I never got to speak to the bloke bar him saying am I ok. Ive been told to sit on it for a couple of days and if I hear nothing he probably hasnt claimed.

But if i do claim im guessing the accident will be 50/50 each others fault as I was filtering. The policeman said its not illegal to filter and I have been hit but I still dont know whether to claim or not

SO long story short again! can I ask for the witness statement given by a neutral driver who saw what happened?
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P.addy
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Joined: 14 Feb 2008
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PostPosted: 22:56 - 03 Jun 2013    Post subject: Reply with quote

He came into your path, you'll win. If you don't, your solicitors are shite Wink

Witnesses help.
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donniemateno
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PostPosted: 22:59 - 03 Jun 2013    Post subject: Reply with quote

But dont know what the witness said Sad

May say I cut him up as I was riding in the central reservation of the road and im guessing the guess got flashed to go from the car on my side at the last minute in traffic looked to his left ( i was coming from the right) started to pull out and just clipped me. Thats what I think happened, he may think I tried cutting him up
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RidersRest
Nitrous Nuisance



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PostPosted: 23:00 - 03 Jun 2013    Post subject: Reply with quote

Filtering is legal Wink Read this https://www.motorbikestoday.com/news/Articles/filtering_law.htm

Depemdant on the damage to your bike and riding gear I would claim against him, if he is to blame and you have witnesses plus you can claim for your riding gear etc...
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donniemateno
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PostPosted: 23:02 - 03 Jun 2013    Post subject: Reply with quote

bike i guess ill have to go to the sight it was recovered too or ask them for a damage report and gear wise bar a scratched visor its ok
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P.addy
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PostPosted: 23:05 - 03 Jun 2013    Post subject: Reply with quote

You know whether you were riding badly, if you were being a turnip... might as well out it now.

If you were riding safe and a car has pulled out on you, its not your fault he nor the flasher didn't look.

I had similar in my car, someone flashed a car to come across, I was driving down the road and he appeared from nowhere, wrote his car off and scratched mine, got paid out and he was to blame.
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radicalrabit
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PostPosted: 23:05 - 03 Jun 2013    Post subject: Reply with quote

traffic from the side road entering a main road ? He hit you ? failed to look properly? and flashed out ~? that happened to my ex wife some one in a truck flashed to let a woman turn accross two lanes of ytraffic into a side road Kay we driving up thre inside lane lorry that did the flashing was in the outside lane and had stopped Kay didnt even see the car ythat crossed her path until shre ploughed into it..
Truck driver was held partially liable for the crash and the driver that crossed my wifes pathh was held primarily responsible for not waiting until she was sure the road was safe to cross.

£3500 better off but she is still scared of driving on dual lane roads in town five years later
So I would say he /she emerged from the side road hit you and is thus at fault. Get all tyhe witness statements you can see if the police intend to take action and get yourself a good bike law firm not the idiots your insurers will try and fob you off with .
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donniemateno
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PostPosted: 23:10 - 03 Jun 2013    Post subject: Reply with quote

but am i entitled to see the witness statement the police got?

they rung me to give me the guys details who hit me and the witness details

and yes the car emerged from a side road on my left and im guessing was lookin to his left to see if he could maybe force his way accross

but riding wise i was filtering along the middle at 20mph when traffic was a crawl at the most!! was pretty much stationary
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Rogerborg
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Joined: 26 Oct 2010
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PostPosted: 23:29 - 03 Jun 2013    Post subject: Reply with quote

Google maps, paint diagram, and WTF is this "Sit on it?" stuff.

While you sit around and hope for the best, the driver will be going from "Sorry I hit you" to "Kitten murdering lunatic came out of nowhere doing 100mph on one wheel, oooh me neck."

The police don't give a stuff about your civil claim. You can always ask though. If you don't ask, you certainly won't get.

They will have taken an (institutional) kickback for having your bike recovered and impounded at your cost. Get some rage on about that, then contact a specialist motorcycle solicitor and get them on the case pronto before recollections change.

Sorry that this happened to you, but you've been done over by a prat who trusted a plonker, get yourself sorted out.
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2 litre
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PostPosted: 00:43 - 04 Jun 2013    Post subject: Reply with quote

I was under the immpression that you are not supposed to take any notice of flashing headlamps ? highway code ?
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treeno
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PostPosted: 01:01 - 04 Jun 2013    Post subject: Reply with quote

Most important fact is that you were clipped on the rear side of your bike by the front of his car. That makes him at fault right there.
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illuminateTHE...
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PostPosted: 01:01 - 04 Jun 2013    Post subject: Reply with quote

2 litre wrote:
I was under the immpression that you are not supposed to take any notice of flashing headlamps ? highway code ?


I think flashing is used to increase your road presences... i think it has been adopted by road users as a give way sign... as that is one of the only ways you can communicate with other road users without using hand gestures
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Docker
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PostPosted: 01:12 - 04 Jun 2013    Post subject: Reply with quote

Sorry to hear bro, as others have said get a paint diagram up so we can see in a bit clearer detail.

our of interest whereabouts was this? I live in Brighton and work in Worthing
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mossi123uk
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PostPosted: 02:20 - 04 Jun 2013    Post subject: Reply with quote

flashing is a warning and should not be used to let people go
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shereen
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PostPosted: 02:42 - 04 Jun 2013    Post subject: Reply with quote

donniemateno wrote:


May say I cut him up as I was riding in the central reservation of the road


How could you be possibly cutting him up if he clipped your back wheel? Neutral
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colin1
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PostPosted: 03:48 - 04 Jun 2013    Post subject: Reply with quote

I was in an accident when filtering, and someone turned right cutting across my path. I know it's not a good idea to overtake near junctions so thought it would go 50/50, but it went all in my favour.
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drzsta
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PostPosted: 06:25 - 04 Jun 2013    Post subject: Reply with quote

It went 70/30 to the third party in my case Crying or Very sad

Bastard coppers tried doing me for "careless driving - overtaking at a junction"
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donniemateno
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PostPosted: 06:41 - 04 Jun 2013    Post subject: Reply with quote

please see attachments shown, couldnt sleep this stuff playing on my mind! not helping with my final uni exam tomorrow Sad
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Davenaylor
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PostPosted: 07:17 - 04 Jun 2013    Post subject: Reply with quote

Where are all the poor obs haters?

Sucks this happened, sorry I can't comment on fault etc. I guess just scratch this one down to experience and expect to be walloped next time. I filter through similar junctions with a right hand filter and I crawl through in fear of what happened to you.
I've not been riding a year yet though so feel free to discard all of the above.
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donniemateno
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PostPosted: 07:23 - 04 Jun 2013    Post subject: Reply with quote

ob haters?

and found location of my bike, cant ring until 830 by which point im on a train to brighton to go uni grr
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Rogerborg
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PostPosted: 08:46 - 04 Jun 2013    Post subject: Reply with quote

donniemateno wrote:
ob haters?

"Poor obs, Donnie."

I don't want to say it, but...

You did perform an overtake at a junction and ride through a hatched area - not an offence but it should be done only if it's "necessary" to make progress and you can see that it's safe to proceed.

I'm not saying that it was your fault, in fact the Highway Code even has a picture explaining why he should have been looking out for you:

https://assets.digital.cabinet-office.gov.uk/static/hc/hc_rule_211_look_out_for_motorcyclists_and_cyclists_at_junctions.jpg

But (again)... by gum you could have seen that one coming. I'd have treated moving past that stationary car like emerging from a blind junction. See avatar for why. Wink
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Biking is 1/20th as dangerous as horse riding.
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donniemateno
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PostPosted: 09:12 - 04 Jun 2013    Post subject: Reply with quote

Ah i see thabks for clearing up.

My dad wants me to go.thru insurance as the recovary fee alone is 150
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Radis
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PostPosted: 09:45 - 04 Jun 2013    Post subject: Reply with quote

You should PM T.C. he may be able to give you a bit more useful information...


https://www.bikechatforums.com/profile.php?mode=viewprofile&u=1507
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Notj7
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PostPosted: 09:53 - 04 Jun 2013    Post subject: Reply with quote

treeno wrote:
Most important fact is that you were clipped on the rear side of your bike by the front of his car. That makes him at fault right there.


This. Again. Read it as nobody seems to have taken notice.

Point out, how could it have been your fault if he clipped the BACK of your bike?
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Pie-Roe
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PostPosted: 10:05 - 04 Jun 2013    Post subject: Reply with quote

Radis wrote:
You should PM T.C. he may be able to give you a bit more useful information...


https://www.bikechatforums.com/profile.php?mode=viewprofile&u=1507


While TC is an expert on this, the firm he works for only takes on big claims of £15000 and above IIRC.

Donnie, this is what you pay insurance for. Sadly, something like a filtering accident can take ages to fix. The cost of recovery to a police place is something you have to swallow until it gets settled.

Hitting you from 'behind' is promising, but don't be encouraged too much. The process will be long and arduous. Theres basically nothing you can do apart from give an initial witness statement and wait.

Do you have legal/helmets and leather cover? If you don't then it might be worth ringing a solicitor instead, as they will try to claim the cost of these back. Even a cheapo set of gear is getting on for £400.
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