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| T.C |
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T.C
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 Posted: 16:17 - 14 Nov 2019  Post subject: |
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| mpd72 wrote: | It would be interesting to see how this law would be applied if the filtering rider was over a solid white line. |
It would work against the rider as a specific fail to comply offence has been committed.
You might get away with 50/50 with a large dose of contributory negligence (50% belive it or not, although it could be more) but the reality is that a defence lawyer would argue that any claim shoud be struck out because of the illegal act of the rider if they straddled or crossed over the solid centre white line.
Stay on your side of the centre white line (as you can do on some wider roads) then it is not an issue as solid white ines does not mean that you cannot pass or overtake, you simply cannot cross over or straddle them except in certain circumstances.
I deal with these types of crashes on a daily basis, and if the insurers are stating that they deem it 50/50 (subject of course to all the evidence being disclosed) then they (the insurers) are being negligent in their ruling.
You need to point out that the Audi driver failed to honour their statutory duty of care and confirm that it was safe to carry out the turn.
The driver was also negligent in that they failed to make good and proper observations before commencing the turn.
The Audi driver would also be deemed guilty of careless driving in that the standard of driving fell below that expected of a reasonably safe or competent driver which is the test used to establish whether a conviction would be secured at court.
As far as claiming for injury, unless you have been genuinely injured, not a good idea as I have seen too many riders try this on and then come unstuck and end up with a criminal record and a massive bill to cover the investigation costs.
Most recently a rider claimed he was injured, turns out he was putting it on.
His cliam was estimated at around £7.5K
Court found him fundementally dishonest, received a suspended sentence and fines and costs in excess of £20,000.
If the injury is genuine, then go for it (bearing in mind that the rules for claiming for injury are changing soon in terms of value) but if uninjured, then not recommended to start making false claims.
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goto10
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T.C
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goto10
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| Hawkeye1250FA |
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Hawkeye1250FA
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Posted: 16:51 - 14 Nov 2019  Post subject: |
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Genuinely lolled.
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Kentol750
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| Posted: 21:37 - 14 Nov 2019 Post subject: Double white lines |
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| trevor saxe-coburg-gotha |
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trevor saxe-coburg-gotha
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| Posted: 22:50 - 14 Nov 2019 Post subject: Re: Double white lines |
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Seems cut and dried - but I've come across discussions relating to what constitutes a 'stationary vehicle.' Common sense says one that's simply not moving. However, it's apparently been said previously that this actually means one that has reached its destination - as opposed to a line of vehicles not moving because of e.g. a traffic jam. Let's hope someone can make all this a bit clearer for us! ; - )
Secondly, cyclists travelling at less than 10 mph. Hmm - most of them manage more than this on a level road or downhill. But we all come by them, and often do so by crossing a solid line on our side - cos we want to give them more space. But if something went wrong and we hit them...and they had some device recording their speed and location...well, there'd be quibbling aplenty.
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goto10
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Hawkeye1250FA
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| stinkwheel |
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JackButler
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| T.C |
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T.C
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Posted: 12:38 - 15 Nov 2019  Post subject: |
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| JackButler wrote: |
You'd need to be an accomplished & well practiced liar to fake an injury if the insurance contested it, sadly they just tend to throw an amount at you with no questions asked to make you go away.
I was 'seriously' injured & not expected to live. The Police investigated my RTC as if it were a fatal (road closed 9hrs etc) which went a long way to the bitch getting jail time.
It took 5yrs to get a payout & in that time I lost count of the number of medical exams where they went to the extent of even measuring my muscles to define the extent of dexterity & locomotion.
In these days where the Police are reluctant to attend unless there's injury, the best advice is to lay down & play dead. That way they come and do a bit more than just traffic management. You don't have to slap a claim in later. |
You would be surprised how many people do try it on and fake their injuries.
Cash for crash is increasing all the time, and even those who have beeninvolved in genuine accidents are exagerating their injuries to increase their payout.
Claims management firms and these cold calling firms have a lot to answer for (and before anyone says anything, this has nothing to do with no win no fee firms as all decent firms offer that and it is still the best way of funding a case if you have no legal expenses insurance)
If you sustained life changing injuries, then 5 years is about par for the course because no payment can be made until such time as you have either made a full recovery or it has been deemed that you have recovered as best as you are likely to, and then a determination has to be made about what would/could have happened in the future as far as your earnings are concerned.
Bear in mind that whilst the Police report can be helpfull, these days unless it is a catatastrophic or fatal crash no investigation is carried out anymore, and it is only a full investigation in fatal crash.
But Civil law has no bearing on determining liability as the burden of proof is different to traffic/criminal law. Namely balance of probability of 51% or better against beyond all reasonable doubt.
The maximum an injured person can be awarded under general damages is £286,000 for a severe brain injury or paraplegia/tetraplegia.
I recently was involved in a case where the young man was brain injured and it took 10 years to settle because of he nature of his job and potential earnings.
However, he was awarded interim payments during the course of the 10 years.
So 5 years in catastrophic cases is nothing and it has no bearing on anything the Police may or may not have done.
As far as what is deemed stationary traffic in solid white line systems. Queuing stationary traffic is still deemed to be moving traffic as it might move at any second and there is case law to this affect and liability has worked against filtering riders who have deemed it OK to filter past stationary queueing traffic on solid white lines.
Even if the Police attend these days, it is not uncommon for them not to even record the details even where there is a suggestion of an injury, and I recently had a case where the rider suffered a severed femeral artery (often fatal) and the Police dealt with it as a damage only crash.
The File was submitted as no further action and when interviewed by me their attitude was "It was a road crash and therefore nothing major" even though the rider came close to dying.
Times have changed......
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| Mr Hammers |
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Mr Hammers
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Posted: 23:24 - 15 Nov 2019  Post subject: |
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Thanks for all the advice and info guys. Update for you.
I called the driver today and said i was thinking about taking it through the insurance because of the bike not rolling straight. She said she had informed her insurance company, but hadn't put in a claim (i guessed correctly that she probably wouldn't) and she also explained that because it was at the brow of a hill (which it actually wasn't) and dark, and the fact that she indicated that her insurance said it would probably go 50-50. So i said ok, let's forget it and move on then. I've bought almost all the bits that were broken, and i think i can sort the steering out, although head on the forks do look a little iffy, tbh.
Now i'm just going to carry on, oh and it was just a normal 30mph road btw, no solid white lines or anything..and...ok..hopefully that first paragraph will expose anyone who reads no further than the first paragraph, because they're too interested in giving their opinion about something, rather than actually reading about the thing they have an opinion on  Let's see if anyone does that..hehehe...
The truth is, after a good night's sleep, and having considered all the advice given here, i rang her today to let her know that as much as i'd have liked to help her out (i'm thinking about my own daughter and how i'd like someone to treat her if she made a silly mistake as a newbie driver) and was prepared to eat the cost of the replacement bits, the steering to the right could prove be expensive, and so outweigh any reduction of future premium gained by not putting it through the insurance.
Then rang the insurance company (Bennetts) and put in my claim. Have to say Bennetts were brilliant. Everyone i spoke to was a biker and were genuinely sympathetic on hearing about it. We even talked about the accidents they'd had themselves Anyway, he said, as some here also rightly said, that there's no question, she was 100% in the wrong, and that they'd fight tooth and nail on my behalf, should the other side try and weasel out of their responsibilities. I also have the legal cover as part of my insurance too, if it did go deeper.
Gave me the option of contacting the personal injury people, but i'm honestly not comfortable with claiming just for a grazed knee. I already have an ongoing claim from the big crash i had in 2015, and am still actively pursuing that as it is a genuine claim. I don't like people claiming way above what they deserve - as T.C. says, it's becoming more prevalent these days and putting up costs for the rest of us, so while i probably could screw them for a couple of thou if i chose, i'd actually rather keep some personal integrity, over a quick undeserved buck.
Didn't realise i had it, but i also have a hire bike as part of my policy, so they're going to come round Monday to drop it off and pick the Triple off at the same time. I think he said they'll take it and fix everything (so now i have an engine cover, gasket, and rad cowling coming from ebay that i won't need..and also some £39 Castrol oil, but i can use that for it's next service and when it's all done bring my baby home again. And another good thing, they're going to send me a brand new helmut too! Just hope it's not pink, or a Bell, or something...
The hire bike is an Honda NT 750 btw, (think that's what he said) and my excitement somewhat dimmed once i saw a pic of one...but it means i won't have to bodge the Triple in time for work Monday or hassle workmates for a lift in/home, so i shouldn't complain.
So, cheers everyone! Feeling a lot better about it now that i've taken your advice(s), and i really appreciate it. Will let you all know what happens in the coming weeks! 
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Sister Sledge
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Ste
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Mr Hammers
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| Posted: 22:19 - 09 Dec 2019 Post subject: |
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| Sister Sledge wrote: | I have one tiny niggling feeling that she isn't insured - we'll soon find out. |
She was/is insured. I mean, she's young, middle class, driving an audi...might have been different if she was just some chavy slag
Anyway, insurance have been in touch. They're still finalising liability apparently, but the fact that they've put the offer in already is a good sign, so i'm told.
So, they're offering £3075 for replacement, and a buy back price of £645.
To be honest, i'm not happy with the £3075, purely based on the fact that if i tried to find another 08 Triple in such good condition, low-ish mileage and FSH, judging by what's currently on autotrader it's going to cost me a fair bit more than 3 grand.
The £645 is probably about right, on the assumption that the frame's not fucked. They can't tell me anything about the state of the frame unfortunately, only that it's been deemed a Category N. Which means it probably doesn't have anything structurally wrong, but more likely just the forks.
I think it probably is just the forks tbh. It was pretty low speed, and the hit was at an angle too. Can't see the frame bending from that..it's not exactly chinese, after all.
First instinct is to refuse the 3 grand, and look for similar conditioned Triples as examples for evidence, but there's hardly any around that are the equivalent mileage/condition, and (not so importantly as far as the insurers go) even fewer in the roulette green. I got such a great deal on it, i honestly can't see me getting another. Not without waiting months and months at least.
But, i'm missing it so much (the NC750 courtesy bike does the job, but by christ is it boring as fuck to ride) so i'm starting to lean towards taking the offer now so i don't have to wait, get my baby back and stick some Triple R forks on the front, replace all the bits and just hope it's not the frame.
That said, even if it was, i think i could still sell it for at least £500-600, either in one go or stripping it down for bits.
I'd appreciate you guys thoughts, but you'd have to be quick as i have to let them know asap, or they'll start charging me storage!
Looks like i'll have to pay £95 to have it delivered back to me, which is a bloody cheek as far as i'm concerned. Going to ask tomorrow why i shouldn't be able to claim that back too.
Anyway, so yeah. Stupid cows pulling out without looking.
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chickenstrip
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Posted: 01:32 - 10 Dec 2019  Post subject: |
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| JackButler wrote: | | Mr Hammers wrote: |
So, they're offering £3075 for replacement, and a buy back price of £645.
To be honest, i'm not happy with the £3075, purely based on the fact that if i tried to find another 08 Triple in such good condition, low-ish mileage and FSH, judging by what's currently on autotrader it's going to cost me a fair bit more than 3 grand.
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You don't have to accept the offer & showing them the prices of similar condition bikes works in your favour |
This is what I did on being offered less than I was happy with on a stolen bike. Got some similar examples from MCN etc, and the insurance company immediately upped the offer, no arguments, no delays.
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Kentol750
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T.C
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| Mr Hammers |
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Mr Hammers
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| Posted: 23:32 - 13 Dec 2019 Post subject: |
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| T.C wrote: | Bear in mind that insurers are obliged to offer a retail value not a trade value (which is what most of them do) |
Discussed that with the guy, and he said that is true, to an extent, but if i bought it privately, then i should really only send private examples (and the opposite if from a dealer), otherwise their insurers won't give it as much credence. He also said that the days where you would get an offer and automatically get it upped when you reject it are gone, as they just use the Glass's price guide now, and you have to provide proof that it's been undervalued.
Not that that helped much anyway, tbh...as despite more searching, i still couldn't find any good enough examples that really fit the criteria. If they were in great condition, they were either younger or considerably lower mileage (mine's currently on around 25k), and if they're around the same mileage and year then in poorer condition, and therefore cheaper, so no good to me. If i was looking for Bandits or something, it'd be ok as there's loads to choose from - like i did when my Bandit was reversed into a few years ago and got another £200 on top - but decent stock '08 675 triples are much thinner on the ground.
As it's getting so close to christmas i really don't want to be having to deal with all this as well (and i'm still dealing with the last one from 2015 too), i just want to get it sorted asap now. Might lose a couple of hundred by not hanging on, but i can accept that.
edit: Oh, i was mistaken on being charged £95 to get mine back,btw, it's only if it's sent to a garage, or anywhere other than home.
So, my options are;
1) Take the £3075 and try and find another bargain
2) Take the buy back, and use the left over £2.5k to fix and upgrade the Triple, and use whatever's left to pay off some of the loan
3) Take the buy back, get another bike in the meantime and fix the Triple when i can afford to
Disadvantage with 1) is that i'll be under pressure to get something quick just so i can get to work, and who knows when the next bargain will come..and i never see my baby ever again...
Disadvantage with 2) is that i'd have to get it all done quickly, and so couldn't wait for a decent priced set of forks and all the other bits needed, to come up for sale somewhere, i'd just have to buy what's available now.
I'm leaning towards 3). Also, since then, i've found another Triple that's almost identical to mine, except with a couple of thousand miles extra. It looks in good nick, seems to have a good service history, and only 1 previous owner, for £2800. Bloke is well into his bikes too, so it's been in good hands. So, basically, if i throw another £370 into the pot, i could have TWO 08, green Triples!
All being well i'll be going up to look at it over the weekend. If it's anywhere near as good as mine, i'll get it. That'd be transport for work and over christmas sorted, and i can take my time finding replacement bits for mine. Then further down the line, maybe keep one and sell the other. and get something completely different, like some old Brit iron, or something.
Well since i wrote that, i've banked the cheque, got the cash, and sorted out a lift up there tomorrow. Going up in the morning and should arrive in the afternoon (180 miles away). Could be a long, wet and cold ride back home though!
Cheers for all the advice and thoughts guys, much appreciated. Will let you know what happens...... 
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Old Thread Alert!
The last post was made 4 years, 128 days ago. Instead of replying here, would creating a new thread be more useful? |
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