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| GeordieChambe... |
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 GeordieChambe... Renault 5 Driver

Joined: 20 Mar 2013 Karma :     
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 ... Brolly Dolly
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| GeordieChambe... |
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 GeordieChambe... Renault 5 Driver

Joined: 20 Mar 2013 Karma :     
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 Posted: 22:09 - 12 Sep 2013 Post subject: |
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Thanks just a bit nervous in case they accuse me of undertaking and try and hold me liable for it  ____________________ Suzuki GZ125 (03) - March 2013, CBT - April 2013 |
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| -Matt- |
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 -Matt- World Chat Champion
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 22:23 - 12 Sep 2013 Post subject: |
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Tell your insurers now, prevaricating about the bush isn't going to change the circumstances.
Sound like you both screwed up, but it happens, and that's what insurance is for. ____________________ 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 |
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| GeordieChambe... |
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 GeordieChambe... Renault 5 Driver

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| Doovy |
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 Doovy World Chat Champion

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| Chuffin Nora |
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 Chuffin Nora World Chat Champion
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| Chuffin Nora |
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 Chuffin Nora World Chat Champion
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| Pie-Roe |
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 Pie-Roe World Chat Champion

Joined: 05 Feb 2007 Karma :  
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 Posted: 23:53 - 12 Sep 2013 Post subject: |
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I would put it to you from recent experience that if you had fractured your foot, not toes, you'd be unable to walk on it without either crying like a girl or copious amounts of pills.
When you say he appeared, did he appear to indicate, or could it also appear he swung out to take the turn tighter?
With no witnesses and no CCTV it'll probably take a while. ____________________ Previous: GSF600, FZR600 x2, ZXR750, XT600 Tenere, CB125, CZ125, ETZ 250, ER5, CCM R30, DRZ400, RF600x4, RF900x2, GS500, VTR1000F, 640 SMC, CB250 NIGHTHAWK, GT550x3, GPX750 TE610, CB500, X11x2, SV650, ZING 125, TL1000R,CB250 Superdream, CBR1100XX |
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| P.addy |
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 P.addy Red Rocket
Joined: 14 Feb 2008 Karma :  
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| prawny1 |
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 prawny1 World Chat Champion

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| Chuffin Nora |
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 Chuffin Nora World Chat Champion
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| Ariel Badger |
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 Ariel Badger Super Spammer

Joined: 02 Dec 2006 Karma :     
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 07:58 - 13 Sep 2013 Post subject: |
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| chambers85 wrote: | Yes but if I put a claim in |
At this point, you are not "putting a claim in". You are telling your insurer that you've been involved in an accident.
Unless you and Astraman have agreed to keep it between yourselves, and you trust him to do so, then you should let your insurer know now. As we've had pointed out (and arry has confirmed) insurers are now writing in contractual penalty clauses for failing to tell them immediately, as they themselves are now under a legal obligation to resolve minor cases much faster.
Your questions would be far better directed to your insurer, and you do really need to tell them about it right now.
Yes, you'll get bum pumped, but it'll happen anyway when Astraman's insurers get in touch with yours. Get your side of the story in early doors. ____________________ 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 |
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| totalllama82 |
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 totalllama82 Crazy Courier

Joined: 03 Jan 2011 Karma :   
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| kernow24 |
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 kernow24 Crazy Courier
Joined: 15 Jun 2011 Karma :  
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 Posted: 17:29 - 14 Sep 2013 Post subject: |
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| Chuffin Nora wrote: | | Quote: | Are you certain he was turning?
It sounds to me like you tried to undertake. |
Er. Well, no. Isn't it? At least not neressessily.
Or am I the only one who's noticed the growing trend for shitboxers to conveniently ignore the need for other road users, pedestrians included —
children (with or without parents/guardians) especially — to be made aware of the SBs' intentions to turn a corner.
Every where I go, deviant bastards failing to indicate. Drives me 'round the fookin bend.
I mean, how difficult can it be? (dunno, never driven one. I assume that all it requires is the flicking upward or downward of the relevant stalk, preferably appropriately-timed).
But I do know through long experience of riding that lack one discipline
and you're most likely to be lacking others, such as bike-awareness, to name but one.
Need I go on?
YES!
SHOOT THE FECKIN' LOT OF 'EM!! |
so either the cars intention to turn was clear or it wasn't, if you 'thought' he was going to turn right without indicating, then you undertook him, whilst his intentions weren't clear.
id say you should, quite rightly shoulder the majority of the blame, i mean who in the hell attempts to get past someone when they were obviously slowing down, without indicating which way they are planning to turn, its pure stupidity.
obviously going to go at least 50/50 or more towards the car drivers favor.
from the highway code...
104
You should also
watch out for signals given by other road users and proceed only when you are satisfied that it is safe ____________________ ......................................................................... |
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| P.addy |
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 P.addy Red Rocket
Joined: 14 Feb 2008 Karma :  
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 Posted: 17:36 - 14 Sep 2013 Post subject: |
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Chalk it up to experience.
Don't go round a car if you aren't 100%
If you were 100%, you made the wrong choice.
See first comment on my post.  |
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| prawny1 |
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 prawny1 World Chat Champion

Joined: 28 Jun 2005 Karma :    
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| flat eric |
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 flat eric Spanner Monkey

Joined: 23 Dec 2006 Karma :  
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 Posted: 18:24 - 14 Sep 2013 Post subject: |
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I had a similar accident to you in 2012. the driver had indicated to turn left, and as I passed him on the right, he turned into me.
At first it was looking like 50/50 as he was a lying get, and said that he didn't indicate at all. and it was a case of my word against his. i was riding with my friend, but he wasn't an independent witness, so couldn't use his testimony. I had resigned myself to 50/50, but with 2 weeks to settlement, his insurance settled 100% in my favour. couldn't believe it.
This looks like the case for you my friend, as there are no witnesses. and it's your word against his. any solicitor will tell you to settle 50/50. as the judge will say this as well.
as you know there are dangers with under-taking and over-taking.
if you have a personal injury as i did, get it checked out straight away. but as it looks like a 50/50 case, you'll only get a small payout. but all the same, you get a few grand for your trouble.
unfortunately your insurance premiums for the next 5 years will be higher. i declared the accident on my car insurance renewal, and it went up £100. (this was before they settled 100% in my favour) How does that work? but that's how it is. higher bike insurance and car insurance. ____________________ There is always someone worse off than you ! |
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Old Thread Alert!
The last post was made 13 years, 32 days ago. Instead of replying here, would creating a new thread be more useful? |
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