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Ouch... Need a bit of advice.

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r1_lad
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Joined: 05 Aug 2004
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PostPosted: 10:16 - 02 Feb 2005    Post subject: Ouch... Need a bit of advice. Reply with quote

Crashed the bike last night Sad

Was behind an old lady in a polo, traffic lights start to turn amber as she's going over the line, she gets 6-8ft past the line and then decides to slam on the brakes. She locked up the wheels, I shit a brick, slammed on the anchors but it was wet and didn't manage to stop. I went into the back of her, back wheel up in the air and I went over the roof of her car, rolled back down and fucked my ankle quite bad.

Now the whole nosecone of my bike is shattered, popped a headlight too. Her car has a small dent in the bumper.

I know that normally if you go into the back of a car, it's automatically your fault insurance-wise as you should always stay stopping distance away from the car but I wasn't close to her and really wasn't expecting her to slam on the breaks after going through a set of traffic lights but is there any way I could fight it because of her erratic driving or should I just phone her up and ask if I can pay for her repairs because If she claims against me I lose my 3yrs no claims and will have to get another bike.


Appreciate any help/advice.

Thanks.
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cc123
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Joined: 17 Jan 2005
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PostPosted: 10:31 - 02 Feb 2005    Post subject: Reply with quote

Everyone seems to be falling of these days! Shocked

Don't think you stand a chance of claiming off her unless you have a witness or 2 to back you up at the scene.....?
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r1_lad
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PostPosted: 10:32 - 02 Feb 2005    Post subject: Reply with quote

Yes I have a witness that gave me his business card.
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tgabber
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PostPosted: 10:39 - 02 Feb 2005    Post subject: Reply with quote

Even with a witness, I don't think you've got much of a chance.

Like you said, you should always be far enough away to be able to stop whatever the silly fucker in the cage in front does. She doesn't need a reason to do an emergency stop (and could quite easily make up a plausable one anyway).

Unless she cut across your path in some way I think you're just going to have to take the loss.
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wantser
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Joined: 04 Oct 2004
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PostPosted: 10:53 - 02 Feb 2005    Post subject: Reply with quote

Yup, sounds like you dont sound much of a chance of winning that one. Its a pisser cos I have been caught out similary. Best to try and sort it without going through insurance companies. Give her a buzz and ask her to get quotes for the damage. Hopefully you will be lucky enough to take that route, rather than her raping your insurance for a whole new back of her cage! Some people insist it goes through the insurance for that reason. And that has happened to me too! Cause a dent in a Galaxy's bumber and the git had a complete new back door, bumper, but not a new back window...oh no no, he had the original one taken out of the old door and put in the new one which worked out to be twice as expensive.
Good luck anyways! Thumbs Up
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Adam_P
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PostPosted: 11:01 - 02 Feb 2005    Post subject: Reply with quote

If she takes it to a VW dealership for the repair quote I should prepare to be right royally shafted!

You'll be best to see what the quote comes to for the repair, might be cheaper in the long term to hit the insurance for the repairs.

Unlucky. I almost got wiped out in the car when someone did exactly the same thing to me. And I was definately further away than the braking distance required, they just decided that braking on a greeen light was the best thing to do! Rolling Eyes
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map
Mr Calendar



Joined: 14 Jun 2004
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PostPosted: 11:14 - 02 Feb 2005    Post subject: Reply with quote

Motorbike went into the back of my car once. IMHO totally his fault (he overtaking in a built up area, at junction, at excessive speed - I know the road well, it's one of those nice straights through a village - and I was indicating and turning right, even done a lifesaver Shocked).

Shyster lawyer on his part and I had to settle for 50/50 liability on the insurance. My insurance were a joke, didn't want to argue the case.

This may help you, maybe get away with 50/50 if insurance involved.
Would make the call and try and settle it privately, what have you to loose?
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Laura
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Joined: 28 Jul 2003
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PostPosted: 11:18 - 02 Feb 2005    Post subject: Reply with quote

Same thing happend to me you havnt a hope in hell.
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Gracie Jones
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Joined: 31 Aug 2004
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PostPosted: 11:42 - 02 Feb 2005    Post subject: Reply with quote

Bad luck mate, hope you and bike are not too bad.

I would be as nice as pie to this woman. As Jules put it, "We talking 'bout one charming motherfucking pig" - that's gotta be you big boy.

Undress her on the phone (if you have her number) and that should help convince her to either not worry about the repair, or get it done privately without insurance. Be nice. Thumbs Up Thumbs Up
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r1_lad
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PostPosted: 11:47 - 02 Feb 2005    Post subject: Reply with quote

Just phoned her, got chatting to her etc.
She's fine with not going through insurance and was going to suggest it herself as i'm a young driver etc. She even said if the garage quote for her repairs wasn't a lot then she wouldn't worry me about it.




Now I just need to shoot any person that beats me in this auction.
https://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=7951749414&ssPageName=STRK:MEWA:IT
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instigator
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PostPosted: 11:56 - 02 Feb 2005    Post subject: Reply with quote

Nice one on that front r1_lad, sounds like you've been lucky in this case.

*goes off to an r1 forum to alert them all to the auction* Wink
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r1_lad
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PostPosted: 11:58 - 02 Feb 2005    Post subject: Reply with quote

Quote:
*goes off to an r1 forum to alert them all to the auction* Wink


Bastard.[/quote]
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kevo
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PostPosted: 12:22 - 02 Feb 2005    Post subject: Reply with quote

Does the fact that she was over the line before she hit the brakes make it any different.

Surely she jumped the light and therefore should have kept going.

Oooh an R1 nose cone, I need one of those for my Honda, (places bid).

Very Happy
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MinhDinh
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PostPosted: 13:15 - 02 Feb 2005    Post subject: Reply with quote

if she passed the line when the traffic light was amber and has no time to stop then she has to go i think? she managed to stop so i am guessing its his fault but then again i got 4/8 on my highway quick cbt test. always thought that its the person who brakes that is in the wrong but i guess not now.
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v4forlife
Could Be A Chat Bot



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PostPosted: 13:44 - 02 Feb 2005    Post subject: Reply with quote

that aution officially makes you the jammiest bastard after a crash ever, the only thing you said was broken, is complete on ebay at the time you need it, i wish i had that luck.

but good luck with it all
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Ste
Not Work Safe



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PostPosted: 16:59 - 02 Feb 2005    Post subject: Reply with quote

map wrote:
Shyster lawyer on his part and I had to settle for 50/50 liability on the insurance. My insurance were a joke, didn't want to argue the case.

The cost of them argueing it would be more than just accepting it, solicitors bills are daft (~£500ph!) so the time the solicitors would want paying for for writing letters, reading letters etc. "Well we can argue this so we have to pay £100 less, but then we have to pay £500 in solicitor fees!"

I can't really see it being possible for you to argue it was her fault even if you have witnesses, you're legally meant to leave enough room betwen you and the car in front so if some old woman decides to slam her brakes on you can stop in time.

If you really wanted to be a complete cunt "she reversed into me!!!" Razz
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hantsdave
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Joined: 25 Jan 2005
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PostPosted: 18:39 - 02 Feb 2005    Post subject: Reply with quote

you have not got a chance of winning , Thumbs Down
been there done that so to speak. Evil or Very Mad
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Flip
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PostPosted: 19:16 - 02 Feb 2005    Post subject: Reply with quote

Been there. Her insurance will say you were too close. You will either get 50/50 or blamed. Sorry to hear about the bike/ankle dude. Thumbs Up
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Wave2k
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Joined: 06 Apr 2004
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PostPosted: 20:01 - 02 Feb 2005    Post subject: Reply with quote

can we have an MS paint picture of the event? Laughing
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MattEMulsion
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PostPosted: 22:30 - 02 Feb 2005    Post subject: Reply with quote

You haven't got a chance of winning via an insurance claim. There is one major flaw in your argument which I am surprised no-one else has pointed out: You are saying that the light changed before/as she crossed the line and it has been suggested by other contributors to this post that she 'jumped' the light. So if you were travelling behind her then your are even more guilty than her of jumping the lights. As you said 'I wasn't close to her' and you therefore must have had enough room to stop and thus your argument falls flat on its face. I don't mean to sound vindictive, I'm just pointing out the facts.
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The Tot
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PostPosted: 23:17 - 02 Feb 2005    Post subject: Reply with quote

Aahh, at least the old lady had the right idea to settle out of insurance. I also agree with Matt's point of view too. She clearly jumped the lights at amber and i presume, you were still doing a fair rate of knots at that stage too in an attempt to beat the amber too.

That's such a shame, was really looking forward to meeting up with you on the way to Ally Pally Sad
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Silver
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PostPosted: 23:21 - 02 Feb 2005    Post subject: Reply with quote

r1_lad wrote:
Now I just need to shoot any person that beats me in this auction.
https://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=7951749414&ssPageName=STRK:MEWA:IT


Sounds like a challenge? Wink
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