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First crash

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Robin_Hood
Borekit Bruiser



Joined: 13 Sep 2013
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PostPosted: 23:52 - 20 Jun 2014    Post subject: First crash Reply with quote

Well had my first crash on Wednesday, bike is trashed and I feel like I have done a few rounds with Mike Tyson.

I had just set off after stopping at a pelican crossing was doing about 20-30mph a car pulled out from a road on my right to go straight on into the road on my left. The car was about 2-3 foot away from me so I opted to slam the front brake on as going over the handle bars seemed the more attractive option, flipped the bike over managed to miss the car and I managed to kick the bike away as it was about to land on me.

When I pulled my battered body off the ground I realised the BITCH hadn't stopped Sad However thanks to the quick thinking of the guy in the car behind me I found her. He drove me round an estate for about 15 mins and I convinced her it would be in her best interest to come back to the accident scene.

So now my bike is back in the garage after only being picked up from garage 3hrs earlier having a new tyre and tracker fault sorted. What's worse the race suit that I bought that day and only worn for 45 mins is now scuffed up Sad

Been offered a loan bike but declined as I am to sore to even consider riding yet, might take them up on their offer as I imagine getting mine sorted is going to be a long protracted process.

I have asked the garage to remove the teleport button from my bike even though I am not sure where it is fitted, they looked at me a bit weird but I assured them I must have one as the car driver insisted that she looked and the road was clear when she pulled out


Last edited by Robin_Hood on 00:20 - 21 Jun 2014; edited 1 time in total
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Boxing
World Chat Champion



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PostPosted: 00:04 - 21 Jun 2014    Post subject: Reply with quote

Ouch, so what's happening, going through her insurance? Has she admitted liability and have you gotten this in writing along with the person behind you to agree she was liable and will vouch for you in court if it comes to that? Thumbs Up

To those that know insurance and law *cough* Roger *cough*:
Is there technically a crime committed if he never hit her car and she drove away?
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Robin_Hood
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Joined: 13 Sep 2013
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PostPosted: 00:13 - 21 Jun 2014    Post subject: Reply with quote

I have got 3 witnesses that saw what happened and I have notified my insurance, she was supposed to call me with her insurance details but hasn't and won't answer my calls. I called the police when she came back to the scene of the accident, I didn't tell them that she drove off as I accepted that as she was an 18 year old new driver that she just panicked.
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DRZ4Hunned
World Chat Champion



Joined: 15 Apr 2014
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PostPosted: 00:15 - 21 Jun 2014    Post subject: Re: First crash Reply with quote

Robin_Hood wrote:
I had just set off after stopping at a pelican crossing was doing about 20-930mph a car pulled out from a road on my right to go straight on into the road on my left.


no wonder.
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Robin_Hood
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Joined: 13 Sep 2013
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PostPosted: 00:21 - 21 Jun 2014    Post subject: Reply with quote

Lol corrected it now
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Boxing
World Chat Champion



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PostPosted: 00:46 - 21 Jun 2014    Post subject: Reply with quote

Robin_Hood wrote:
I have got 3 witnesses that saw what happened and I have notified my insurance, she was supposed to call me with her insurance details but hasn't and won't answer my calls. I called the police when she came back to the scene of the accident, I didn't tell them that she drove off as I accepted that as she was an 18 year old new driver that she just panicked.


She's fobbing you off. Wouldn't surprise me if she doesn't have insurance.

Get to the cop station inform them of the RTA and tell them her registration then inform them about her failing to stop at first, and is now fobbing you off ignoring your calls. Thumbs Up
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Robin_Hood
Borekit Bruiser



Joined: 13 Sep 2013
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PostPosted: 00:56 - 21 Jun 2014    Post subject: Reply with quote

I have reported it to the police and she has given them her details, I have got a crime reference number, I just didn't tell them that she drove off.
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Ayrton
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PostPosted: 01:42 - 21 Jun 2014    Post subject: Reply with quote

Robin_Hood wrote:
I have reported it to the police and she has given them her details, I have got a crime reference number, I just didn't tell them that she drove off.

Tell them she drove off, its against the law. It should put things into your favor a bit more and whatever consequences she faces leaving the scene of an accident are her own fault for not being a decent human being.
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trevor saxe-coburg-gotha
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PostPosted: 05:59 - 21 Jun 2014    Post subject: Reply with quote

Was she fit??
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 14:42 - 21 Jun 2014    Post subject: Reply with quote

Boxing wrote:
Is there technically a crime committed if he never hit her car and she drove away?

Anyone can look this up.

RTA 1988 S170
That wrote:
(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which—

(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or

(b) damage is caused to a vehicle other than that mechanically propelled vehicle

(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver

(a) must do so at a police station or to a constable, and

(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.


On a strict reading, if you don't stop, then you're guilty of an offence, even if you get tracked down or report it later. However Dibble seems to be essentially uninterested in this. "Civil matter", and so on.

There's no requirement to give a phone number.

If your witness seems to be up for it and will give a clear account of you not being at fault, then I'd get a specialist motoring solicitor on the case. Bypass your insurance, they've got no interest in it unless you're making a FC claim for the damage to your bike.

Oh, it sounds like you've already gone through your own insurance. Sad
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DRZ4Hunned
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PostPosted: 14:58 - 21 Jun 2014    Post subject: Reply with quote

A similar incident happened to me. Some cock in a 4 x 4 was reversing from a drive on the side of the road I was going down into my path. I was a newbie rider at the time and possibly grabbed a little too much brake and lost the front end, had I not I would've hit him as my front wheel was under the rear of his car. The cunt got out, laughed and parked his car.

I contacted the police about his reckless driving but since I made no collision with him, they said nothing could be done.

I still think they just couldn't be arsed to do anything about it though. Hopefully the same won't apply to you.
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Andy_Pagin
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PostPosted: 17:31 - 21 Jun 2014    Post subject: Reply with quote

You can check if she's taxed & MOT'd here

https://www.vehicleenquiry.service.gov.uk/
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Andy_Pagin
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PostPosted: 17:37 - 21 Jun 2014    Post subject: Re: First crash Reply with quote

Robin_Hood wrote:
I opted to slam the front brake on as going over the handle bars seemed the more attractive option, flipped the bike over managed to miss the car


Good choice from a survival point of view, epic fail when it comes to prosecution. Playing devils' advocate ....

"Well your honour I drove across xyz street having first checked the way was clear, as I was doing so I saw a motorcyclist lose control and fall off for no apparent reason, he never came close to colliding with me" Sick
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Robin_Hood
Borekit Bruiser



Joined: 13 Sep 2013
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PostPosted: 20:24 - 21 Jun 2014    Post subject: Reply with quote

I am confident that it will end up as a non fault accident as the three witnesses I have are the driver behind me, the driver behind her and the driver that was in the road she pulled into.

I am insured by MCE who use a firm of solicitors to sort out the legal side of things, the accident happened on Wednesday and I have received no communication from the or my insurers as of yet which I think is a little strange?

If I don't hear anything from them by Tuesday I am considering sorting out my own solicitor, I am based in Manchester so if anyone has any recommendations I would appreciate it.

I have been asked if I would like a loan bike whilst mine is being fixed, I declined the offer as I feel to sore to even consider riding yet still getting headaches even though my helmet looks ok ??
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UncleFester
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PostPosted: 22:25 - 21 Jun 2014    Post subject: Reply with quote

Your helmet may or may not be ok - but the tumbling your brain did around the inside of your skull is what's giving you the headache!

Rapid / sudden / instant deceleration is what causes the problem Smile
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georgem123
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Joined: 29 Oct 2011
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PostPosted: 03:53 - 22 Jun 2014    Post subject: Reply with quote

Robin_Hood wrote:

I have been asked if I would like a loan bike whilst mine is being fixed, I declined the offer as I feel to sore to even consider riding yet still getting headaches even though my helmet looks ok ??


If you're getting headaches, you should get checked out as soon as possible, if you haven't already. It's probably nothing to worry about but it might be a bleed in your brain so not worth the risk.

Also get a new lid if you think it might have hit the deck.
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Tungtvann
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PostPosted: 06:22 - 22 Jun 2014    Post subject: Reply with quote

Sometimes I think you're better off smashing into their car when you're going to crash and wreck yourself/bike anyway.
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Robin_Hood
Borekit Bruiser



Joined: 13 Sep 2013
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PostPosted: 16:30 - 22 Jun 2014    Post subject: Reply with quote

I have been x-rayed at the hospital and been to the doctors after that for pain killers, if I have still got the headache on Tuesday I am going back to the doctors.

I will put a claim in for my helmet I think for my own peace of mind, the race suit I was wearing has been scuffed up so will claim for that as well.

My biggest worry is that a couple of people have said that they may write my bike off as the damage may be as much as £2500-£3000, it is a Gsxr 600 LO with 10,000 miles on and was in showroom condition, it cost me £6000 end of last year so I would thought that they would repair it.
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Diquitee
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Joined: 25 Sep 2013
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PostPosted: 10:55 - 23 Jun 2014    Post subject: Reply with quote

I ditched Fletchers and went with a specialised MC solicitors when I had my crash and I'm happier for it, rather than a case handler who couldn't care less whether you won or not you'd be talking to an actual solicitor who can give appropriate advice and cares about your claim.

The caveat to this however is you may have to give up a percentage of your claim if its under £10k (don't quote me on the figures, I'm not certain) as legal costs can't be acquired from the other side if this is the case.
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Doovy
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PostPosted: 12:12 - 23 Jun 2014    Post subject: Reply with quote

Should have hit the car, makes things more straightforward for insurance.
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dydey90
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PostPosted: 14:30 - 23 Jun 2014    Post subject: Reply with quote

Robin_Hood wrote:
I am insured by MCE


Pass the popcorn
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Robin_Hood
Borekit Bruiser



Joined: 13 Sep 2013
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PostPosted: 22:22 - 24 Jun 2014    Post subject: Reply with quote

Found out today that not only is my bike a write off as it will cost £7104.60 to repair, but I am also going to get a government sponsored shafting off the solicitors that are dealing with my claim.

I have been told that solicitors since last year can no longer claim their costs off the third party in non fault accidents. So this means if my bike is worth £6000 and I get that amount they take 25% +vat which means I end up with £4200 if the third parties insurers actually give me what my bikes worth. If I claim for my gear I lose 25% +vat, so in order to break even on the bike and gear I would have to put in for a personal injury claim and hope that I get over £3000 which they also take 25% + Vat.

I thought i was getting conned but after checking with another solicitor this is now standard practice. In my mind this is total bollocks as the only ones to benefit are the solicitors and the insurance companies not the victims of non fault accidents.
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P.addy
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 22:31 - 24 Jun 2014    Post subject: Reply with quote

Tungtvann wrote:
Sometimes I think you're better off smashing into their car when you're going to crash and wreck yourself/bike anyway.


This x10000

Always hit the car, you'll leave your mark and they'll be down some £££ for the damage instantly. Photos of that help the insurance rule it 100% rather than 50/50.

Best of luck with insurance Thumbs Up Thumbs Up Would recommend calling McAms really and asking them to take up the claim. I would recommend the ones that dealt with mine but they have since folded Sad
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