Accident advice- Updated with pictures added

[Villers]

Yo, had my first accident today. A car reversed into me at a junction, basically pushed me a few yards and then I went over. You guessed it, it was a woman. I dont know what to do now though. Do i give her details to my insurance company and let them sort it all out or what? Plus Ive twisted my back so Im going to have to go to the hospital and get that checked.

Any advice would be helpful

cheers

Villers
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[mchaggis]

Any damage to the bike or car? If so, you'll need to inform your insurance company, similarly if you're going to jump into compensation for injuries. I'd probably inform them anyway, though I'd be a hypocrite, fully intending to carry on with my renewal not telling them I had a semi-serious accident last year resulting in broken bones.
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I must not be a troll...
Mmmm, Guinness
Discovering the delights of Hammerite and a 3/4" brush.

[Villers]

Yeah plenty of cosmetic plus the gears wouldnt engage. Scratched gearbox cover thingy, snapped top fairing, scratched tank, smashed front hugger, scratched side fairing, scratched mirror, smashed indicator. Thats what I can see, i don't know about internal damage. Plus Ive hurt my back.

Phoned the insurance they can't do anything till tomorrow though.
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[Pat172]

if theres actually damage then yeah go thru the insurance and go to the hospital TONIGHT..... get it checked over TONIGHT so its on record.....

fone the insurance NOW and give her details and what happened

form what u said she cant contest it she reversed into you..... you wernt doing anything wrong so shud be a 100% claim on her insurance meaning u get full value for repairs and u can claim for compensation for injuries

so once again:

Phone the insurance and tlel them about it NOW
go to the hospital after the call get it on record

your insurance will put you incontact with a middle man who will help u claim off the 3rd persons insurance (basiclaly it has nottin to do with yours)

go to 2 or 3 bike shops tomorrow and assess the damage (sum places charge £30 for a written break down of the damage / if its unecconomical to repair (written off) then you'll get full book price for the bike....

good luck
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- Suzuki Bandit N600

[JodieWodie]

Bummer...
I feel for you

I was shunted a few weeks back.. my bike is still in the garage !!

It is good that you have called the ins company.
I let mine do all the worrying for me. They sorted out a hire bike for me (as I commute and need to, and use bike for school run daily), they got his details, and arranged a garage to check and fix bike, (although the parts are taking longer than anticipated).
As the other party should take all the liability for the accident, you won't have to pay anything.
These garages usually take a long time to look over/initialise repairs/order parts, etc... so it could be a while to fix.

Get your back checked...get it logged at the hospital.
Write EVERYTHING down..all your pain, etc... get RECEIPTS for prescriptions.
Log down time off work and cost,.. write down all losses as a result of not having your bike functioning..ie.. what aspects of your life have been changed by not having the bike ?? Commuting etc... or was it just a 'pleasure' bike...

Did you hit your head/helmet in the fall?..

I got two new helmets for myself and my daughter even though we didn't actually fall off the bike !!
My reason was my kids' helmet was strapped to the back of the bike, near where he hit..so I couldn't trust it any more... and something 'clipped' the back of my helmet..maybe his smashed numberplate...
The way I see it, I have been MASSIVELY inconvenienced by what happened to me, and I am clawing back all I can.
You should do the same.

You have taken good first action. Make sure you fill out all forms sent to you, and keep on the ball with all aspects of your claim.

Oh...and the insurance will probably put you in touch with a solicitor,..they usually deal with your personal injuries, doctors checks, etc.... rather than the bike


J xx
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Courage doesn't always roar. Sometimes courage is the quiet voice at the end of the day saying, "I will try again tomorrow"

[Villers]

Thanks guys , going to get all the details sorted today. Back seems ok today TBH so will have to wait on that one.

I do have a car but its not used for commuting and its insured on a limited mileage, whereas the the bike is not. Will I have a valid claim for a hire bike? Will they have to supply me with a macjine of equal quality or will I get stiffed with something poor?

My helmet or any part of me to be honest never hit the deck. After the struggle to keep it up I just sort of jumped clear before my legs got broken!

The woman that hit me was heavily pregnant, and was on her way to the hospital when she left. I'm trying to handle all this delicately, and I don't know if its just me being soft but Im worried about phoning her for all her details incase she gets upset or stressed out

Will leave it until tea time, Im going out with the dog and going to chill out, thanks again everyone!


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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[PsychoHippy]

If you have her name, registration and phone number there is no need for you to phone her at all (in fact you shouldn't have any dealing with her), Pass the info you have to your insurance company and let them sort it out for you - it's what you paid them for after all.
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I spend all my money on bikes and beer, the rest I simply waste!

[Irezumi aka Reuben]

Had my first accident today was taken out by an old geezer. Off to the hospital on the advice of this even though I didnt go with the ambulance at the scene as my leg wasnt hurting too badly, my knees swollen up too much now so I can barely move it.

Anyway one detail I didnt take down was the guys registration number. My accident was however taken down by the police so can I get the registration number from them? Bit confused at the time but now realise it was the drivers fault and that I need to have clothing replaced as I cant afford to replace it myself, a less than six month old £300 Arai mainly! My bike will only cost £50 to repair tops as I would do the work myself. Cheers for any help, I have all the rest of the guys details.
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Pictorgraphicalfantastical

[Villers]

Sorry to hear that reuben! Hope its not too serious.

I never had the womans reg number or anything, it all happened in a flash and with her being pregnant there was mass hysteria over her and the unborn.

I have phoned my insurers (NIG) who listened to the whole story and took a load of details and then said 'Phone your broker tomorrow they will sort it'

Pain in the yaris, just want it all out of my hands and into the insurers. I can't concentrate on anything else until its not hanging over me anymore!
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[strag]

I would also advise you report it to the police as it is an injury accident.
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carbon bling

[Villers]

Thanks acer, the woman that backed over me reported it herself.

Been on the phone to the insurance twice now. reported it yesterday (spent about half an hour) to be told I had to ring another number today. So I did that and now there database is offline so I need to wait for them to phone me back. I was given a number to phone to try and get a replacement bike, and all that does is cut me off! GRRRRR.
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[biggerjohn]

[Villers]

Cheers John, Ive been on the phone three times today and still no clarity from the tards. They are very efficient at sorting out the payment for your insurance at the beginning of the policy though!


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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[Villers]

Well, after finally getting some sense yesterday I thought I was in for a clear run.

Today a lovely woman called Wren phoned to say she was handling the case and was arranging a bike for me. She called back to say that she had spoken to the 'bitch's' insurance company who had told her a completely different story.

Apparently, she was reversing out of a parking place when I came round the corner and hit HER! Now the fact there was no parking space there isn't putting her off her story, or the fact she got out saying sorry and crying. If I was mobile when I hit her then I would have done a bit more than put a scuff in her bumper, Id have been through her rear window.

So now Im absolutely gutted, Ive wasted the last four days trying to sort this out believing I was dealing with a responsible, respectable human being and really what Ive got is a lying bitch trying to save her own neck.

Im not even that angry, im just really upset that someone would try and fuck up someone elses life to save their own necks.

If she says I came round the corner, how can she know. She didnt know I was there until she hit me so she obviously wasn't looking. Add to the fact that my girlfriend came to bring me my documents and we were parked in the middle of the road nowhere near a parking space, and my manager from work had to drive round her car to get into the car park. Im just hoping that If I can prove her lies about her reversing out of a parking place then they can see she could be lying about anything.

Gutted
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[Gazdaman]

Stick with it mate, justice will win in the end!

Gaz

[Minky_monkey]

Do yourself a favour and get some photographs of the area. This will obviously show the lack of a parking space and cast doubt on her verson of events.

This along with witness statements from people that arrived after the accident should help.

[stinkwheel]

Happens a lot that.

My bet is that it is her husbands car and the story changed between her hitting you and getting home. The husband will have filled in the forms and she will be lying to him about what happened to avoid having to admit she bashed his car.

I have seen this happen several times, a mate who was T-boned by a car pulling out of a junction sudenly swapped places and was apparently coming straight out of a junction in front of her. On another occasion my brothers car allegedly appeared directly out of a junction when he could have sworn he was driving it round a roundabout and she chopped lanes into him.

In both cases, the damage done to the vehicles was enough to prove who's version was correct but not without a great deal of hassle.

It all plays into the insurance companies hands as they just refuse to pay out to anybody on the basis that "Noone will admit responsability" they then try to chalk it up as a 50:50 and shit on both your no-claims. They even tried that one with me when someone u-turned in front of me from a bus lane. Luckily I had an ace up my sleeve as the driver was charged for driving without due care on the spot by a copper who witnessed the accident, something he failed to mention on his claim form! Still took a good three months to get any money out of them.

Write yourself a report detailing fully the exact details of what happened, draw sketches, take pictures, measure road markings, record the damage to your vehicle then file it. You could even send a copy to your insurance company.

This gives you something called a 'contiguous record' of events which you can use to your benefit at a later date. It is surprising how many details you have forgotten when they phone you two months down the line and ask you some stupid question.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[mchaggis]

The money for my brother's bike has only just been sorted out, almost a year after the event. They hideously undervalued it too, but his lawyers managed to get most of the real value for it. Similarly they tried to pretend he was only due compensation for lost earnings equivalent to 9 hours a week. His lawyers have the previous six weeks payslips to prove that he was working substantially more than that, but it's all getting very messy.
____________________
I must not be a troll...
Mmmm, Guinness
Discovering the delights of Hammerite and a 3/4" brush.

[Weed]

Villers, my back injury didn't come out for three months after my accident. Sometimes these things are so "deep" that they can take a while for the effects to show.

Did you fall onto your hands/knees/arms? If at any stage in the next couple of months you get pain in joints you fell onto, no matter how severe, get to a doctor so its all noted....Chances are it's a result of your tumble....

Weedy
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"Just Believe"

[coldtoes]

Just a bit of warning Villers. NIG are a bunch of wankers. I am with them for my car insurance. A woman who pulled out in front of me and hit my car end of last year. It was her fault and she claimed liability but I never got the money to last month! Funny thing is when I got it all sorted the other insurance company sent the cheque to me the next day.

Got totally fucked about by them, telling me to see the broker, then bullshit about not receiving invoices, receipts etc. Got onto my mate who works in insurance to phone up and he put the pressure on asking for managers names, and complaint dept. Got to keep on them. (fucked me about)

With regards to the claim, find yourself a good solicitor for claiming personal injury damages etc. I got hit by some wanker(some luck I have had), who turned right in front of me when I was out cycling few months ago and ended up with a broken wrist. Got onto a solicitor straight away and have claim going at the moment for damages etc. I had few hospital reports and there was also the police report that was sent to the solicitor that should help the claim. (as police got called to the scene). The more info you can get the better you case. Get to the hospital to get checked out so you have records. Got to get as much of this info as you can.

The police are doing the wanker who knocked me off with dangerous driving, but there will the the rest of the clowns on the road who get away with this sort of thing all the time!! Tend to meet them all, either on one bike or the other.

[Villers]

Thanks all!

Pissed off today, especially when I got home and found my nice new HEL braided hoses had arrived!

Im feeling better about the whole thing though today. Im going to take puctures of where it happened on sunday when its quieter hopefully. That along with my witness statements will put a pretty good case forward.

If I can rubbish her 'reversing out of a parking place' story (as there is no parking place) then hopefully it will unravel.

As for who hit who, the damage report on that one will be a bit damning to her case. The damage to the front end of my bike is minimal, the damage to her car is a minor scuff. Neither of these would suggest I was moving at all. To back this up all the scrapes and scuffs on my bike are static (if you know what I mean). They are just from it hitting the ground and dont move along the bike, suggesting that the bike just fell over. If I had any momentum I would either have went under her car or smashed her boot in.

A small side of me wants to go round and try and sort it out but I know thats stupid, and I'm not going to do that. I just lose faith in people when someone lies through their teeth.

Another issue is the swapping of details. If someone crashed into you then surely you wouldnt move an inch until you got their details. In this case she got out of her car crying, saying sorry and wrote out her details. She left without mine, and reported the accident to the police without any of my details. Thats just what you wouldnt do. I also contacted the place where it happened to try and get some CCTV footage (long shot I know) but thats nt the actions of a liar, Im sure it wouldnt do my case any good if I get evidence for the opposition!

As for the NIG issue, its out of their hands. Im with the brokers solicitors because Im only third party, thus using their 'legal' cover I paid for. When it comes down to injuries Im going for everything I can get now. Im not being nice no more, if I can prove the whore is lying then I want compensation for stress etc because at the moment its ruining my standard of life.

Hey ho, few drinks tonight and await my Hornet in the morning. Thanks to all for the advice and mainly thanks for listening guys!

cheers

Vills
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[T.C]

I wrote this a couple of years ago for my magazine column which may help

Many of us would probably never go near a bike if we seriously thought about the possibility of being knocked off. However we have to face up to reality and accept that it is more likely to be a case of when and not if (after all, how many people do you know that have never bumped a car?).

While it is bad enough dropping your machine close to home, when it happens miles from anywhere in the middle of your holiday all sorts of thoughts can go racing through your mind. How serious are my injuries? How badly damaged is the bike? How will I get it home? Are there any witnesses? What about no claims? By this time white knuckled panic will have well and truly taken hold.

Checklist

We all hope that an accident never happens, but if it does here is a simple checklist of things that can be done to make life easier for you, your insurance company and your lawyer.

- Obtain as many names and addresses of witnesses as possible. They are probably the most important individuals in your claim as they can substantiate your version of events.

- Take photographs of the scene. Pictures can convey what words can’t, particularly if there is a feature you feel may have contributed to the accident, such as a poor road surface or badly sign posted obstruction.

- If the police attend, obtain their name, rank, number and address. At a later date the police will be contacted for further information, and this will speed the claims process up.

- If you have an injury that does not require hospitalisation, see a doctor as soon as possible after the incident. Doctor’s records will help to prove the severity of your injuries.

- As soon as possible after the accident write down as much as you can remember about it. A fresh memory is better than a stale one.

- Obtain an estimate of the cost of replacing any damaged equipment such as your crash helmet, leathers, boots and gloves.

- If you cannot work or get paid less as a result of your injuries, keep hold of all your payslips to prove your loss of earnings. If you have to guess then you will end up out of pocket.

- Keep a diary and list all of the expenses incurred as a result of your accident. Details of dates and expenses, plus copies of all your receipts, will make it far easier to recover the money. Taxi fares, public transport, car park and fuel costs, telephone calls and postage are all claimable.

- Ensure that all correspondence from the third party or their representative is passed on to your insurance company or solicitor without delay. Avoid entering into any correspondence yourself as you may say something that you later regret, is inaccurate or is used against you.

If your accident happens while travelling abroad then the same rules apply. However, extra emphasis should be placed on ensuring that all the details have been gathered at the scene, including witness names and addresses and photographs of the location, as it will be very difficult to go back and check these after returning home. If possible get the police to attend so that all the details of the accident are recorded.

In addition, when riding outside the UK make sure you have your driving licence, certificate of insurance and vehicle registration documents with you at all times. In many countries an inability to produce these for the police can lead to a heavy on the spot fine and may delay the process of dealing with the incident.

Most importantly, if you are unfortunate enough to be involved in an accident, wherever you are, don’t panic. Help is never far away.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[T.C]

This may also help

As a motorcyclist, it is probably fair to say that one of our biggest worries or concerns is being involved in an accident, particularly one where we end up being injured. Having a crash is stressful enough in itself but the thought of having to take legal action to seek redress can make the worry even greater. A question I regularly get asked, particularly when the rider has been injured, is “How can I ensure that the best solicitors are appointed to look after my claim?”

Well let’s start with the basics. There are two main ways in which a solicitor is appointed. The first is through a legal expense insurance which often forms part of your road risk policy. Solicitors on that insurance company’s panel are appointed to look after your interests. The other way is for you to appoint your own solicitors and have your case funded under a No Win No Fee agreement or, to give it its proper name, a conditional fee agreement.

It is important that, as the client, you have full confidence in the law firm or solicitor appointed to handle your case. Many firms will profess to having experience in handling motorcycle claims, only for you to discover many months down the road that they really have none at all. In the worst cases you may even find that they have no real interest in dealing with motorcyclists.

So what can you do to ensure that the best person is chosen from the outset to look after your claim? Well asking a few pertinent questions should help to give you a good indication of their knowledge.

What associations do they belong to? A solicitor who deals with injury claims should at the very least be a member of the Association of Personal Injury Lawyers (APIL) or the College of Personal Injury Lawyers (CPIL). Many are members of the Law Society Personal Injury Panel and The Motor Accidents Solicitors Society (MASS) while those who deal with the more serious injury claims such as head and spinal injuries will often have associations with organizations such as Headway or the National Association of Bikers with a Disability (NABD).

What do they really know about motorcycles? You will be amazed how many will profess to know about bikes simply to get your business. So if you are asked “What bike do you ride?” tell them something like “CBR!” If they ask if it’s a Suzuki you can start worrying, but if they ask if it’s the 600, 900 Fireblade or Blackbird then you’ll be well on your way. In some cases there may be an in house specialist which is fine, but you need to ensure that they are at least familiar with the peculiarities of motorcycling.

How many motorcycle claims have they handled over the last 12 months? Some may have only handled one or two while others may have dealt with considerably more. It never hurts to ask the question.

What has been their biggest settlement in circumstances similar to yours? This may give you an indication as to whether they feel that you have a good case.

How many times have they taken a case to trial? 99% of cases settle without going to trial, but you will want someone who is relatively experienced in taking a case to trial and will fight your corner for you.

Do they use accident reconstruction experts (for the more serious cases) and accident investigators? Some firms have people like myself who can respond almost immediately to any motorcycle accident. In these situations, statements can be obtained early, the scene can be visited and photographs and sketch plans prepared. Probably the most important part for my firm is that I can report back to my senior colleagues on what I feel the chances of success are. Many riders will happily talk to a fellow motorcyclist or someone with a motorcycle background because we talk the “language”. Some firms use civil engineers or chartered engineers as the investigation experts who are often great at number crunching but have very limited knowledge or experience of motorcycling.

How will the case be handled? This should be explained to you from the outset, but some solicitors are better than others on this front. Don’t be afraid to ask, after all it is your welfare that is at stake.

And finally, if you can, pay the firm a visit. I appreciate that this may be difficult if you live in London and your legal insurers appoint someone in Carlisle, but often a personal visit will give you a good indication of the sort of firm you are dealing with. Are they a small two man operation with files strewn all over the floor and bursting at the seams or do they work from decent premises with a good backup and support staff? First impressions are often not misleading.

Remember, if you need to employ the services of a solicitor, you are the client, you are the one who is ultimately employing them, and therefore it is only reasonable to expect a professional level of service. If you are not 100% happy that they will provide the service that you expect, then walk away or speak to your legal expenses insurer and discuss your concerns with them, after all there are plenty of firms out there who will be only too pleased to look after you.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[Villers]

[True Blue]

It disgusts me how people are not big enough to hold their hands up and admit it was their fault. A guy bumped into me one time and then made up some story blaming me. I was only 3rd party and my car was a write off. So he was willing to blame me, have my car written off with no insurance payout for me, just so he didn't loose a bit of no claims bonus?

Anyway I wouldn't worry about her story, Villers. These insurance companies have seen it all before. I'm sure they will easily tell what happened.
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