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BillyJ
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PostPosted: 10:37 - 03 Jan 2015    Post subject: Reply with quote

covent.gardens wrote:
Just because you can see a car start doing something dangerous and stupid doesn't mean you are at fault for not stopping, otherwise there would be NO non-fault accidents, ever.

Obviously OP was very close to him when he pulled out. Otherwise he would have been able to stop, right OP.


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iooi
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PostPosted: 17:58 - 04 Jan 2015    Post subject: Reply with quote

covent.gardens wrote:
J
Obviously OP was very close to him when he pulled out. Otherwise he would have been able to stop, right OP.


Quote:
By Op...
Big black car sideways in road, didn't see him till too late due to him not having any visible lights.


A lot of cars have no lights visable from side on. But as you are implying that the car made the move, then some lights would have been visble while turning Wink

Don't make the Op make a statement he can not back up and ends him in deeper shit....
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Boxing
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PostPosted: 18:15 - 04 Jan 2015    Post subject: Reply with quote

If the driver did have his lights on, I'd avoid throwing that into your statement. Once you lie, and they can catch you out your whole story with have no credibility. Resulting in your losing your case.

If you say he didn't have his lights on and in turns out his car is one of them that the headlights come on automatically or one of the houses just so happen to have CCTV and caught the incident, your case will fall apart immediately.
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covent.gardens
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PostPosted: 22:26 - 04 Jan 2015    Post subject: Reply with quote

iooi wrote:
But as you are implying that the car made the move, then some lights would have been visble while turning Wink

I beg to disagree. I can think of several every-day examples where this is not the case. For example, a car or obstacle parked behind the car that pulled out, blocking the view of the nearside tail light. That could well explain why OP didn't see any lights when the car pulled out.

The statement was "without any lights that I could see - one presumes he had not got round to turning them on yet". It is worded that way for a reason. If they can't prove otherwise, good. If they can, never mind - there's plenty of other explanations for why they weren't seen.

I can't even see them questioning it. We'll see.
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.Bishbash.
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PostPosted: 22:31 - 04 Jan 2015    Post subject: Reply with quote

Think back to when anyone has learned to drive/ride/ski/what ever, if you are doing a maneuver, example a 3 point turn, you have to give way to oncoming traffic(the person doing the maneuver). If you did that on a test, you'd fail, i.e. not eligible to drive. So take that into account, if you need to know what to say to your insurers, tell them what happened, but study the maneuver they were doing and learn the rules. Wink
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Wonko The Sane
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PostPosted: 23:25 - 04 Jan 2015    Post subject: Reply with quote

Boxing wrote:
If the driver did have his lights on, I'd avoid throwing that into your statement. Once you lie, and they can catch you out your whole story with have no credibility. Resulting in your losing your case.

If you say he didn't have his lights on and in turns out his car is one of them that the headlights come on automatically or one of the houses just so happen to have CCTV and caught the incident, your case will fall apart immediately.


What car was it?

My Kia has a set of lights next to the front fog lights that are on if the ignition is on, but headlights / rear lights turn on when I turn them on.

These lights would be harder to see from a front 3/4 view due to their position being low to the road and not at the corners of the car.


Phrasing it as "no lights that I could see" is true from both sides, you state you could see no lights from where you were, but you don't say that the car didn't have any lights on, simply that, the angle you were at and the car was at, you couldn't see them if they were on.
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BillyJ
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PostPosted: 23:32 - 04 Jan 2015    Post subject: Reply with quote

Bishbash II wrote:
Think back to when anyone has learned to drive/ride/ski/what ever, if you are doing a maneuver, example a 3 point turn, you have to give way to oncoming traffic(the person doing the maneuver). If you did that on a test, you'd fail, i.e. not eligible to drive. So take that into account, if you need to know what to say to your insurers, tell them what happened, but study the maneuver they were doing and learn the rules. Wink




This^^ is very helpful.

I am going to add that obviously whilst doing a maneuver he should of given way to me.

And I am pretty sure his statement will say I was going to fast which will mean either:
He saw me and should of given way
or
He didn't see me and is lying.

Do I wait for the claims handler to get back to me to add this info, or should I call them ASAP?

Also, I said:
"no visible lights, definitely no indicator. I presume he hadn't turned them on yet."

I am pretty sure the car is one that they turn on automatically on but side on they are not visible...hmm i won't talk about that anymore during the claim unless I have to, too much ambiguity.
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BillyJ
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PostPosted: 23:33 - 04 Jan 2015    Post subject: Reply with quote

Wonko The Sane wrote:

What car was it?


Big brand new range rover turbo 3L
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Chuffin Nora
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PostPosted: 00:07 - 05 Jan 2015    Post subject: Reply with quote

BillyJ wrote:
First spill

BillyJ wrote:
kept the bike upright...slightly bruised, crushed, sore knee…bent crash bung

Soooo.
No spill, after all; merely a rather minor prang.

A spill is something else entirely . . . arse end breaking away/knocked off at speed . . . buttocks, elbows, helmet --- alternator cover, foot pegs, fairing grinding away --- bike and biker making for the ditch --- shock horror, paramedics, write off --- death/disablement . . . that sort of thing.
Do endeavour never to have one.

Ironic, really, that your minor prang was as nothing compared to the accident waiting to happen should you fail miserably to word the claim effectively . . .

I rather think that coming a cropper is the least of our worries compared to the hassle involved in the claims procedure.
Whenever my own buttocks find themselves grinding away the main thing that's going through my mind is the pain in the arse of all the paperwork!

Good luck.

Range Rover?
Say no more!
Bunch of twunts.
I've had more Range Rovers pull out on me than I could aim a sawn-off shotgun at.
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hellkat
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PostPosted: 15:58 - 05 Jan 2015    Post subject: Reply with quote

*ahem*


May I introduce you to the concept of the 2015 BCF Spill counter* ...

*New and improved from previous versions, now includes short set of rules and a purely experimental "poll" where you can include what category your "spill" comes under.
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Wonko The Sane
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PostPosted: 21:18 - 05 Jan 2015    Post subject: Reply with quote

BillyJ wrote:
Wonko The Sane wrote:

What car was it?


Big brand new range rover turbo 3L


LED squares on the front, built into the headlights,

I'd expect to see the LED's if I could see the headlights. If between parked cars then there's a possibility of not seeing I guess. Not much light to see, but light all the same.
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BillyJ
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PostPosted: 23:33 - 05 Jan 2015    Post subject: Reply with quote

Thanks for that Thumbs Up

I wont talk about his headlights, only mention that there was no indicator to indicate that he was doing any maneuver.

That on top of the fact that he did not give way...
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Ste
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PostPosted: 23:59 - 05 Jan 2015    Post subject: Reply with quote

How do you know there were no indicators flashing? You'd have to have seen the Range Rover and have been looking at it to know that...

I'd suggest being very sure of your facts before making statements to insurance companies. For the car to have had no lights on could be an interesting situation if it's one of the Range Rover with running lights that can't be switched off.

You might well be correct in that it had no lights on, maybe the running lights were broken for whatever reason. I'm just suggesting being very careful with what you put forward as your side of the story.
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BillyJ
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PostPosted: 00:13 - 06 Jan 2015    Post subject: Reply with quote

Ste wrote:
How do you know there were no indicators flashing? You'd have to have seen the Range Rover and have been looking at it to know that...

I'd suggest being very sure of your facts before making statements to insurance companies. For the car to have had no lights on could be an interesting situation if it's one of the Range Rover with running lights that can't be switched off.

You might well be correct in that it had no lights on, maybe the running lights were broken for whatever reason. I'm just suggesting being very careful with what you put forward as your side of the story.


Ahhh jesus it is impossible to win, but you're right...

How do I word it then...

I didn't see lights/indicators, when I came down the road he was just in the middle of the road and then didn't give way to me, I saw him towards the end and then swerved but what other reason did I not see him then!

Surely I can say he had no indicators because if he had I would of saw him earlier and stopped in time?
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covent.gardens
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PostPosted: 00:48 - 06 Jan 2015    Post subject: Reply with quote

Ste wrote:
How do you know there were no indicators flashing? You'd have to have seen the Range Rover and have been looking at it to know that...

Only if you have tunnel vision.

You've already told the insurance company you saw him emerging and tried to avoid him, if he was indicating you'd have seen the indicators, he took you by surprise because he came out without any warning ie no indicators, no visible lights. Just stick to that.
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Wonko The Sane
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PostPosted: 08:26 - 06 Jan 2015    Post subject: Reply with quote

covent.gardens wrote:
Ste wrote:
How do you know there were no indicators flashing? You'd have to have seen the Range Rover and have been looking at it to know that...

Only if you have tunnel vision.

You've already told the insurance company you saw him emerging and tried to avoid him, if he was indicating you'd have seen the indicators, he took you by surprise because he came out without any warning ie no indicators, no visible lights. Just stick to that.


If questioned on the lights "not that I could see" is probably the best answer if they start asking about it, otherwise don't mention it.

'not that I could see' avoids accusing of no lights (it's hard to prove either way if he had lights on or not, it will be your word against his) while re-stating the point that you could not see any lights on the vehicle.
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Rogerborg
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PostPosted: 10:33 - 06 Jan 2015    Post subject: Reply with quote

Just seen this.

No idea what to say, chap, I'm not in the habit of crashing. arry is your man for wording.

What I'd probably have said is that he was not showing headlamps or tail lights, did not indicate, and started the manoeuvre while you were too close to stop.

I write in the past tense in the hope that you've already sorted this.

Presumably his seven surprise witnesses have said that he was lit up like a Xebusmass tree and that you were doing 90mph on one wheel?
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BillyJ
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PostPosted: 12:21 - 06 Jan 2015    Post subject: Reply with quote

Rogerborg wrote:
Just seen this.

No idea what to say, chap, I'm not in the habit of crashing. arry is your man for wording.

What I'd probably have said is that he was not showing headlamps or tail lights, did not indicate, and started the manoeuvre while you were too close to stop.

I write in the past tense in the hope that you've already sorted this.

Presumably his seven surprise witnesses have said that he was lit up like a Xebusmass tree and that you were doing 90mph on one wheel?


Still waiting to be asked for an official statement so wording is still important.

There is a bouncer who is convinced I was speeding but according to police his statement is not valid as he is an employee and not an independent witness???

I'm pretty sure driver thinks it was my fault and will argue that it is.

He did say he just got the car so could I use that at all? I know im really trying here but im genuinely worried because I was really made to feel guilty be everyone excluding one policeman and the ambulance crew.
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BillyJ
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PostPosted: 12:34 - 06 Jan 2015    Post subject: Reply with quote

How is this:

I was riding along Battersea ride, SW11 at 8.30pm.
A black car emerged from the right hand side without warning, quickly turning in the road. He had no indicators and in an attempt to avoid a collision, I swerved to the left but he continued to move and I struck the left side of his car.

The fully right turned wheels of the vehicle shown in the picture I took directly after the collision makes it evident that the driver had been turning sharply onto my side of the road.


I will attach picture which shows his front left wheel at almost full right lock.
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civvy
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PostPosted: 14:16 - 06 Jan 2015    Post subject: Reply with quote

Bishbash II wrote:
Think back to when anyone has learned to drive/ride/ski/what ever, if you are doing a maneuver, example a 3 point turn, you have to give way to oncoming traffic(the person doing the maneuver). If you did that on a test, you'd fail, i.e. not eligible to drive. So take that into account, if you need to know what to say to your insurers, tell them what happened, but study the maneuver they were doing and learn the rules. Wink


It's been a while since I took my test but I'd imagine that if you came round the corner and crashed in to a car established in the road half way through a three point turn, you'd also fail your test Laughing
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BillyJ
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PostPosted: 15:19 - 06 Jan 2015    Post subject: Reply with quote

civvy wrote:
Bishbash II wrote:
Think back to when anyone has learned to drive/ride/ski/what ever, if you are doing a maneuver, example a 3 point turn, you have to give way to oncoming traffic(the person doing the maneuver). If you did that on a test, you'd fail, i.e. not eligible to drive. So take that into account, if you need to know what to say to your insurers, tell them what happened, but study the maneuver they were doing and learn the rules. Wink


It's been a while since I took my test but I'd imagine that if you came round the corner and crashed in to a car established in the road half way through a three point turn, you'd also fail your test Laughing


There was no corner haha, he established himself when I was traveling down the road yet continued despite my presence causing a collision.
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iooi
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PostPosted: 18:52 - 06 Jan 2015    Post subject: Reply with quote

BillyJ wrote:

Ahhh jesus it is impo
I didn't see lights/indicators, when I came down the road he was just in the middle of the road and then didn't give way to me, I saw him towards the end and then swerved but what other reason did I not see him then!

Surely I can say he had no indicators because if he had I would of saw him earlier and stopped in time?


So the 1st you saw of him was when he was in the middle of the road? and side onto you....
How wide is this road?
Is it a road with street lights?
Given he was in the middle of the road when you 1st saw him (about 30 meters away or you would have been able to stop). If this was a straight road, with good visibility and you doing 35 mph . Yet hit at 15 mph. So only took 20 mph off. How did you fail to see the lights on a new range rover (on as soon as ignition is turned on) and the fact he will have to have pulled in a semi circle to get to the middle of the road.
You should have been able to see these from at least 100 meters away with no trouble.

You state traffic coming the other way, so their lights should have shown some of the RR in the middle of the road. as well as you showing it at a angle.

I can see the other party getting zero blame and you 100% at fault from what is being said....

Quote:

There was no corner haha, he established himself when I was traveling down the road yet continued despite my presence causing a collision.

Sorry, but this sounds like either too fast or not paying attention to the road ahead.
If someone is established ( your words) in the middle of the road, then I would expect oncoming traffic (thats YOU) to give way to allow them to complete the maneuver.
Not try to go through a closing gap...
Do you think that could be why his wheels were at full lock as he realised you were not going to stop and was trying to get out of your way.....
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BillyJ
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PostPosted: 20:05 - 06 Jan 2015    Post subject: Reply with quote

Yes my mistake, he was very quickly in the middle of the road is what I meant, he wasn't there as I was coming down.

The first I saw of him was him coming into my side of the road, I don't think he was doing a u turn as I would of seen the lights, there is a drive that he could of been coming out of or maybe he was doing a u turn, the road is quite wide.
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iooi
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PostPosted: 09:36 - 07 Jan 2015    Post subject: Reply with quote

BillyJ wrote:
Yes my mistake, he was very quickly in the middle of the road is what I meant, he wasn't there as I was coming down.

The first I saw of him was him coming into my side of the road, I don't think he was doing a u turn as I would of seen the lights, there is a drive that he could of been coming out of or maybe he was doing a u turn, the road is quite wide.


Google maps link ?
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BillyJ
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PostPosted: 12:15 - 07 Jan 2015    Post subject: Reply with quote

He must of come out the right side road, or been stopped on the dipped curb and then come out onto my side because I was in between where the end of red bay is and the side of his car.

https://www.google.co.uk/maps/place/Battersea+Rise,+London+SW11+1EE/@51.4606604,-0.1680292,3a,75y,247.02h,63.87t/data=!3m4!1e1!3m2!1sGbUk6I2NRJfks5FshSi3MQ!2e0!4m2!3m1!1s0x48760596eeb63c11:0x779bc0d94d1736f?hl=en
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