First spill - Advice appreciated

[Ripp3rCrust]

Hi,

Had my first accident this morning on the way into work involving a cyclist so would appreciate some advice as I am not sure how to go about these things.

Basically I was waiting at a set of lights waiting to turn left, the junction is quite complex as it has a number of turnings as you can see in the mandatory paint diagram.

Before I turned left, a car (shown blue) in the feeder lane to turn right across my half of the road, jumped the red and went through as ours was turning green. As a result of this a cyclist who was part of a number of people waiting to cross (shown red) figured it was safe to cross after the car had passed and proceeded to cross the road as I was turning the corner. Due to me already being halfway round the corner, and her in the middle of the road, I pulled the front brake without thinking and ended up binning my bike. Really annoying as If I had carried on I would have probably missed her, I have only just finished tidying the bike up too.

The lady on the pushbike fortunately stopped and gave me her details, turns out she is a police officer and said she has home insurance (not sure if this is of any use?). I also got the name and phone number of one of the other pedestrians as a witness.

The damage I have been able to quickly assess is:
- Cracked and scratched right hand fairing
- Obliterated indicator
- Bent front brake lever
- Rear brake lever snapped off
- Deep scratches to engine casing
- Scratches to end can

I have included paint diagrams for clarity, the colours mean:
Me = Green
Cyclist = Red
Red light jumping car = Blue

(I will update on my morning break with damage pictures and hosted pictures as work internet blocks image hosting websites)

https://www.bikechatforums.com/download.php?id=89426

https://www.bikechatforums.com/download.php?id=89425
____________________
Current: '05 CBR600F - Previous: '01 GSF600S Bandit, '06 XR125

[P.addy]

Looks like cyclist not paying attention.

See if you can get any CCTV from there, if the car jumped the red light, I'm pretty sure po-po will get hold of him and you'll possibly be able to claim from that, but technically, I'd say cyclist is at fault for not using those 2 eyes of hers

[Shinigami]

police woman off duty cyclist, cycling on the footpath (can't see a cycle lane there) and not using her eyes?, illegal and at fault

should have ran into her and landed penis first in her backdoors
____________________
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.

[Ripp3rCrust]

[P.addy]

I'd speak with the woman directly and say we both know its your fault, I don't want to have to go down the route of insurance, the price for the parts is this and my charge is £x to get them fitted.

See if she can do that, if not, report her and ask for a crime reference.. I would ask the insurers what the process would be if you were to crash should a cyclist block your path. Don't give anything away just yet.

I still think cyclists should pay some form of insurance on the roads... but thats just me.

[Ripp3rCrust]

[Vincent]

If it goes through insurance - and I'm not sure how that would work when a cyclist is at fault- the bike will more than likely be written off. Does the cyclist look like a woman of means? If she's up for it, I'd get as much out of her to help put the bike right as possible. The main thing is the get that fairing put right, the brake lever and engine case could wait and, if you can find used parts in good condition shouldn't cost too much. the exhaust you may have to put up with. See if she's willing to buy you a new fairing, or maybe try and find a mint used one. If she's not willing to fork out, a solicitors letter may change her mind, a lot of people panic with fright when they get one through the letterbox.
____________________
Space Is Deep

[G]

Home insurance often does cover this sort of thing - if she's happy to use it, then I'd try and go that route as in this sort of case you need her on your side as much as possible.

Remember that green means "go, if it's safe to do so" and having lost control of the vehicle may not help either.

If it was a car, it'd be cut and dried; but sadly when the other party doesn't have a number plate, it can get a bit nasty.

If you can't use the stub of the rear brake pedal, you could drill a hole and stick a bolt in the end.

Front lever will probably be a fiver or something on ebay if you can't use it as it is.
You certainly don't need to get a shiny fairing for "your only means of transport" - but doesn't mean you're now owed if, of course.

[MattJ]

I have to go straight on at that junction to go to uni and there's always someone that jumps the red light.

I'd say there's a decent chance of you getting some CCTV footage if you needed it. The Wickes across the road is likely to have CCTV surely.

[shereen]

I'm not passing blame but how the hell did you not see the cyclist crossing there? You should have easily been able to stop in time.

Even though I think the cyclist is to blame you could have easily avoided that with better obs.
____________________
"The Internet is the first thing that humanity has built that humanity doesn't understand, the largest experiment in anarchy that we have ever had"

[Minty]

I agree with the thoughts of getting quotes to fix the bike and approach her to settle.

If she does not want to settle that way, ask her for her home insurance details and contact them. Many home insurance policies come with liability cover. No need to contact your insurer at this point.
____________________
My fingers smell of your mum.

[Acemastr]

[Ripp3rCrust]

Thanks for your replies guys. I have just sent her a message now seeing how she would rather go about sorting it, I shall call her later when I get chance.

[P.addy]

[Rogerborg]

These mixed junctions are awful for exactly this reason - far too many things for everyone to look out for. This is why many pedalists quite justifiably prefer to use the main carriageway.

That's a tough one. Highway Code 206 et al implies that you should (probably) have given way to let her cross, and of course we all have an obligation to avoid collisions.

My knee jerk reaction would be to blame myself for not anticipating pedalist hijinks, but if you were already part way round the corner before she moved into the carriageway, then you did exactly what you were expected to do: stopped so as to avoid a collision (the Highway Code is a bit more vague on falling over while doing it). If that's the way it played out and a witness confirms, then it's up to her to sort your bike out. Whether that goes through any liability indemnity that she has or not isn't your problem: your claim is against her. You need to penalise her robustly.

Which reminds me, the thing I really don't get, what's baffling and enraging me is this: Y U NO POST PICS OF LADYCOPPER?
____________________
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

[Gazza M]

unlucky mate... question though, if you were turning left how did the right hand side of the bike end up scuffed up?

also penistone road, lol.
____________________
Past: '07 YBR125, '00 GPZ500S, '99 ZRX1100, '98 CBR600 track bike, '97 ZX9R
Present: '05 R6 track bike, 140 pit bike

[Ripp3rCrust]

[Vincent]

[The Disapproving Brit]

We all saw that coming. Unfortunately, RTA s.170 only requires drivers of motor vehicles to provide insurance details. It's certainly worth reporting her for an offence under RTA s.29 - you'll probably get fobbed off at first, but if you persist, the idea of you making a nuisance of yourself to her higher ups might just focus her mind.

Her insurance or lack of is not your concern. Insurance is nice for the person holding it because it saves them having to worry about costs if an accident is their fault, but not having it doesn't magically remove her liability.

I'd tell her that, in the interests of resolving the incident amicably, you are prepared to arrange your own repairs at a cost of £x, but this offer is without prejudice (use those words) to your rights, and if you are forced to push the issue through her insurance/small claims court yourself, you will be claiming for the full cost of professional repair by an authorised dealer, at a cost of £y.
____________________
Current Bikes: 1983 Honda VF400FD / 2003 Honda VT750 Shadow
Bike Test Passed 18/03/09, Car Test Passed 14/05/13

[G]

[Acemastr]

[G]

Presuming you mean in the OP's favour - remember there's a natural bias against 'bikers'.

You just need the poor-frightened pillar of the community to describe the bike 'roaring' around the corner.

As with any game, it pays to understand your position!

[MarkJ]

Bad luck, I too use that junction daily and you'll always get some bellend jumping the lights either going to or from Rutland road.

The council have a camera at the bottom of Netherthorpe Road here but probably too far away. As above, Wickes might have something.

[Amber Phoenix]

[Ripp3rCrust]