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Arse, come off whilst filtering.

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Amber Phoenix
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PostPosted: 19:35 - 19 Sep 2013    Post subject: Arse, come off whilst filtering. Reply with quote

Bollox.

Just had an off. Filtering down A13, traffic doing 10mph, me 20mph ish. Nothing outrageous, knob swaps lanes in front of me, brake, damp tarmac, lock bike up, clip car and slide down. Arse. I'm OK, bruised ankle, bit shook up. Bike (FZS600) ain't looking great, more cracks on fairing, brackets bent, screen popped off, mirror dangling, belly pan/bobbins right mess, exhaust bent, rack but, top box gone flying. Nursed it home, engine seems good, forks/bars still seem in line, lights all work.

Obligatory crappy paint diagram to follow.

A top geezer stopped and helped pick up bike and wheeled off road, many thanks whoever you are.

So, do I bother going through insurance, yay or nay?

He had promptly put his car back in his lane by time I got off floor, so I've got no evidence of him moving over in front of me, unless you argue how else do I clip him. No witnesses. Already got an outstanding claim (which I've just won court case for, but awaiting cheque, no claims to be reinstated etc). So, valuing my bike probably isn't going to worth much. His car, tiny dent in rear panel, no paint lost, probably cheapish job for panel beater.

Do I claim? Suspect I'd probably be lucky to get 50/50, and not a great deal for damages back. Probably be a write off.
Or should I just cut my losses, skip insurance, save my premiums, just cover other chaps panel beating out of pocket and do bike up on cheap (or from cheque from outstanding claim)?
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Last edited by Amber Phoenix on 13:49 - 20 Sep 2013; edited 2 times in total
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PostPosted: 19:43 - 19 Sep 2013    Post subject: Reply with quote

The latter, I'd say. The very best you'll get through insurance is 50/50 and with no witnesses at all there's a massive risk of it going against you completely.

It's a tough break but it'd probably be cheaper in the long run to just swallow the £60 or whatever Dentmasters charge nowadays.


All that said, I'd go through insurance but then I don't mind paying the premiums as long as over the course of my lifetime I claim more than I pay Very Happy
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J.M.
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PostPosted: 19:49 - 19 Sep 2013    Post subject: Reply with quote

If it would go 50/50 on insurance, why are you offering to fix his vehicle? Why not say to him that it's his fault as much as yours and you're both responsible, therefore you pay to fix your own vehicles.
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1cyl
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PostPosted: 20:02 - 19 Sep 2013    Post subject: Reply with quote

.
Quote:
All that said, I'd go through insurance but then I don't mind paying the premiums as long as over the course of my lifetime I claim more than I pay


Isn't this a recipe for disaster for us all in the long term?
Like trying to make a smoothie from nitro glycerine?


Sorry to hear about your spill OP, hope you aren't limping for long.

Quote:
Or should I just cut my losses, skip insurance, save my premiums, just cover other chaps panel beating out of pocket and do bike up on cheap


No Brainer from where I'm sitting. Do yourself a long term favour Thumbs Up

Get the bike safe and fully functional Penny Coin , then worry about the cosmetics another day Pound Coin
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Last edited by 1cyl on 20:10 - 19 Sep 2013; edited 2 times in total
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Amber Phoenix
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PostPosted: 20:04 - 19 Sep 2013    Post subject: Reply with quote

I guess I'm just being pessimistic, as I hate insurance and the way they drag shite out and ultimately just crank up everyones premium.

Yes I believe it was his fault. Yes I think me fixing his car is fair. But I was wondering if the cost of a panel beater would be less than what I'd lose going through insurance...
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Shinigami
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PostPosted: 20:07 - 19 Sep 2013    Post subject: Reply with quote

insurance under what this situe sounds like could go in his favour....

you hit him, no witnesses = 50/50 at best but highly possible in his favour
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PostPosted: 20:16 - 19 Sep 2013    Post subject: Reply with quote

Slimc wrote:
Isn't this a recipe for disaster for us all in the long term?
Like trying to make a smoothie from nitro glycerine?


Well, I meant it tongue in cheek, tbh, although I am beating the insurance companies so far as it happens.
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Shaft
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PostPosted: 21:02 - 19 Sep 2013    Post subject: Re: Arse, come off whilst filtering. Reply with quote

Arfa__ wrote:
Arse, come off whilst filtering


I should imagine it's awkward in any circumstances, but having your arse come off while filtering, must be especially difficult Wink
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Darth_Da
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PostPosted: 21:14 - 19 Sep 2013    Post subject: Reply with quote

Bad luck mate, hope your ok.

Pretty much why I don't filter very often, never trust the cars
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Wozza
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PostPosted: 22:52 - 19 Sep 2013    Post subject: Reply with quote

Was there not a gap he was trying to pull in to, which might have warned you of his impending manoeuvre?
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Amber Phoenix
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PostPosted: 06:43 - 20 Sep 2013    Post subject: Reply with quote

Wozza wrote:
Was there not a gap he was trying to pull in to, which might have warned you of his impending manoeuvre?


Yeah quite possibly. It's a nasty stretch of road, about 7 miles of traffic crawling at 5-10mph. The bit I came off at, it opens out to 4 (wide) lanes, two for a joining slip road and the a little further ahead, coming off on slip road, other lanes two lanes for ahead only. There's always cars pulling out of lane 3 to go down the slip road. And also always cars using the slip road to under take and push in and rejoin the slow traffic. The chap was in lane 4, no real reason for him to change lanes unless he wanted to cut across two lanes and take slip road...

I do normally watch out for gaps, as you say, someone invariable will jump and fill them. In this instance I was expecting this tiny gap in lane 3 to be be fill by someone jumping in from lane 2. Either way I do make it a habit of rolling off throttle when approaching a gap. This guy just pulled out with next to no warning, the gap he was aiming for hadn't even fully opened up enough to accommodate his car.
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Muscle Bike Rider
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PostPosted: 08:49 - 20 Sep 2013    Post subject: Reply with quote

Feel for you mate, been using the A13 for over 4yrs myself now and its a nightmare when congested, especialy from Canning Town out. Main thing is your ok, I'd speak to the driver and see if he can cover his own damage as he changed direction without checking and may not be keen on a potential claim against himself, at best it may be a 50/50
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shereen
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PostPosted: 09:12 - 20 Sep 2013    Post subject: Reply with quote

Also might be worth checking this out:

https://www.bikechatforums.com/viewtopic.php?p=3140815

I would say claim against him as it is his fault, use the above case as a reference.
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Last edited by shereen on 13:56 - 20 Sep 2013; edited 1 time in total
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DrSnoosnoo
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PostPosted: 09:45 - 20 Sep 2013    Post subject: Reply with quote

There were witnesses then, just nobody stopped to speak to you?

What a twunt! Feel for you but it's his fault, there's only so much we an do when filtering, your speed wasn't excessive. He failed to observe the road around him to check everything was clear before moving.
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Rogerborg
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PostPosted: 09:50 - 20 Sep 2013    Post subject: Reply with quote

Reminder: while you're thinking about this, he may be talking to his insurance about the nutter that came out of nowhere at 100mph, not that he saw you, even though he looked carefully and had been signalling for at least ten seconds.

If you don't tell your insurer before his gets in touch with them, you may be put on the naughty step.
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Walloper
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PostPosted: 10:32 - 20 Sep 2013    Post subject: Reply with quote

Rogerborg wrote:
Reminder: while you're thinking about this, he may be talking to his insurance about the nutter that came out of nowhere at 100mph, not that he saw you, even though he looked carefully and had been signalling for at least ten seconds.

If you don't tell your insurer before his gets in touch with them, you may be put on the naughty step.


Should already be on t' naughty step for failing at filtering. Razz

Tell your insurer, if no claim then no blame. They may forget about 'any previous accidents within the last five years' if they do not have to foot a bill.

Of course it is also up to thr turd party to prove you hit him. If no witness for either then a court won't listen. I'm sure some ambulance chasing scum gargler will though. Smile
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Ribenapigeon
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PostPosted: 12:53 - 20 Sep 2013    Post subject: Reply with quote

I think I would be straight on to my insurer, get my story in first.
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gorillaonabik...
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PostPosted: 13:11 - 20 Sep 2013    Post subject: Reply with quote

Arfa__ wrote:
Wozza wrote:
Was there not a gap he was trying to pull in to, which might have warned you of his impending manoeuvre?


Yeah quite possibly. It's a nasty stretch of road, about 7 miles of traffic crawling at 5-10mph.


Stuff just happens... c'est la vie.

I crawl along most of the time when filtering in London traffic pulling over to allow faster filterers to overtake me (e.g. scooters, 95 year old grandmothers on bicycles etc...) but still have moments due to bad drivers.

As mentioned on here, the last time a car took me out, I was stationary at a bl@@dy traffic light!
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Amber Phoenix
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PostPosted: 13:53 - 20 Sep 2013    Post subject: Reply with quote

Right, made mind up, going through insurance, feck it.
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Baffler186
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PostPosted: 13:55 - 20 Sep 2013    Post subject: Reply with quote

J.M. wrote:
If it would go 50/50 on insurance, why are you offering to fix his vehicle? Why not say to him that it's his fault as much as yours and you're both responsible, therefore you pay to fix your own vehicles.


+1. It's legal for you to filter and he changed lanes without looking properly so he's AT LEAST 50% in the wrong.

He gets off lightly for a <£100 fix, you pay for your own repairs and make this back in Insurance premiums over next 5 years, driver might check mirror/shoulder next time, everyone's a winner
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Crizzy
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PostPosted: 08:02 - 21 Sep 2013    Post subject: Reply with quote

How is everyone a winner? If the driver pulled out without warning or checking then surely it's 100% his fault?

You're within your right to filter, no car driver is within his rights to swap lanes without signalling or checking mirrors.
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shereen
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PostPosted: 10:39 - 21 Sep 2013    Post subject: Reply with quote

Crizzy wrote:
How is everyone a winner? If the driver pulled out without warning or checking then surely it's 100% his fault?

You're within your right to filter, no car driver is within his rights to swap lanes without signalling or checking mirrors.


Agreed.

I see no reason why the claim wont go in the OP favour.
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goto10
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PostPosted: 10:53 - 21 Sep 2013    Post subject: Reply with quote

shereen wrote:
Crizzy wrote:
How is everyone a winner? If the driver pulled out without warning or checking then surely it's 100% his fault?

You're within your right to filter, no car driver is within his rights to swap lanes without signalling or checking mirrors.


Agreed.

I see no reason why the claim wont go in the OP favour.


<Reason> The driver will lie and say he didn't change lanes </Reason>
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Crizzy
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PostPosted: 14:30 - 21 Sep 2013    Post subject: Reply with quote

Threads like this make me want to invest in a camera. I would tell my insurers what happened and fight my corner. If the guy who pulled out was any decent kind of person he would do the same and fess up. This won't happen though but I would find it difficult to accept this as 50/50.

People make mistakes, it happens, but his mistake shouldn't make you worse off.
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