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The bike written off and i'm (apparantly) partly to blame.

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nick.h
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PostPosted: 09:49 - 17 Sep 2005    Post subject: The bike written off and i'm (apparantly) partly to blame. Reply with quote

Riding along the a4, trying to fine some mates, who were on foot that had phoned me previously. I was riding along, when i saw them waving at a bus stop. I quickly indicated and then broke hard to try and turn in. As i went to turn in (didnt actually turn direction) i got hit right up the ass, and slid metres down the road.

The police dicussed how they were not going to take matters and further due to us both most likely ending up in court and losing our licences. He said that we would have to sort in out ourselves. So what happens now? I think its going to go through the insurance, but what will happen?

It was due to my lack of experience, and not paying complete attention to what was going on around me, and i admit to that. But what really pissed me off was how the driver was blatantly lieing, He said that i was riding on the left side of the road, as if i was going to over take a lorry in front. But there was evidence all around to prove overwise, the scratches of were my bike went down the rode are in the middle, there was an island a little further down and a speed camera a bit further than that.

I didnt get any serious injuries, but the bike i knackered. I havent seen the full extent of the damage, but as long as its only cosmetic im happy.

I suppose you learn from your mistakes, and i think i came out of this very lucky.

Nick
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Last edited by nick.h on 21:12 - 17 Sep 2005; edited 1 time in total
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.....
Quote Me Happy



Joined: 15 Jan 2005
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PostPosted: 09:51 - 17 Sep 2005    Post subject: Reply with quote

Unlucky mate Confused

What damage is there to the bike?
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TheShaggyDA
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PostPosted: 09:53 - 17 Sep 2005    Post subject: Reply with quote

"Partly"?
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Teaman
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PostPosted: 09:57 - 17 Sep 2005    Post subject: Reply with quote

hang about!
How are you to blame (in the eyes of the law) if you got hit from behind.
the whole point of keeping a decent gap is so you dont run into the person infront if you do an emergency stop...

Utter tripe that they will see it as anything else.
Ok so your inexperienced but thats not excuse against you.
the driver was experienced and hes the one that was driving too close and not paying attention.

in my eyes, yeah you did do a stupid and as you found out dangerous thing but im not gonna flame you for that,,, actually I'm gonna say that I'm realy sorry you found out the hard way instead of just a close call. (we all do something like that)

I can't answer anymore than that realy but i can't believe that either of you will loose licences.
Hope it goes well for you and keep us posted.
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strag
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PostPosted: 09:57 - 17 Sep 2005    Post subject: Reply with quote

left side of the road to overtake? where are you? Anyway if you were hit up the arse then it is the driver behinds fault without a doubt. He should leave enough space for 'eventualities'. Don't admit any liability at all, so what if you were going to overtake something, doesen't mean he should hit you up the chuff!

And it sounds like the copper is talking bollocks, why should you end up in court? If anyone it would be the car driver for careless driving.
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nick.h
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PostPosted: 10:02 - 17 Sep 2005    Post subject: Reply with quote

Only from what i saw, as i haven't had a proper look yet.

Cracked/stratched rear fairing
Cracked/scratched front fairing
(I didnt have the sides on)
Cracked mirror
Snapped RH footpeg
Bent rear/front brake levers
Snapped numberplate/holder
Rear indicators have gone
Smashed brake light
LH exhaust has imploded
RH exhaust scratched
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nick.h
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PostPosted: 10:09 - 17 Sep 2005    Post subject: Reply with quote

Quote:
left side of the road to overtake?


Sorry i worded that wrong, left off centre, if that makes sense.

I suppose if you look at it this way; a cat ran out into the road, i did an emergancy stop and got rammed up the arse, i bet the result would have been alot different.

What also pissed me off was when it happpened i got up straight away and went over to his car. He starts shouting and laying all the blame on me. But he is still driving slowly. I grabbed his door (open window) and asked what he was doing, he said he was just pulling up in the lay-by. Me being trusting i let go, he swings around and fucks off. He was gone for 10 minutes, but apparently he also reported it aswell.

Nick
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PostPosted: 10:10 - 17 Sep 2005    Post subject: Reply with quote

Have you got legal cover as part of your insurance? Any independent witnesses?
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nick.h
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PostPosted: 10:15 - 17 Sep 2005    Post subject: Reply with quote

The only person that saw fully what happened was my mate who was waving me down. I not sure if i have any legal cover. I have just looked over my documents but couldnt see anything to suggest if i did or not, i'm with norwich union direct, third party, fire and theft btw.
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Ichy
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PostPosted: 11:46 - 17 Sep 2005    Post subject: Reply with quote

Might not sound fair but you should NOT declare that you know the guy at the bus stop (your mate) on the insurance form. He wasn't on the bike or in the car so is therefore an independent witness. Its important that you report the driver for leaving the scene. and get an accident report number thing.

The insurance will see him as to blame as long as you don't claim that you 'suddenly' stopped 'cos you saw your mate. For instance Wink You might have been slowing down and hit something in the road which caused you to brake harder than you had planned.

If two cars are stopped at a junction and another rear ends one and pushes it into the car in front then the first car claims from the second car, the second car then has to claim from the third car including the amount from the first.
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delboy
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PostPosted: 15:23 - 17 Sep 2005    Post subject: Reply with quote

Hit from the back, then it's the other guys fault m8, don't listen to the pork as they probably couldn't be bothered with the paperwork! Get your insurance company to sue his ass off for mental upset, sleepless nights Rolling Eyes should be worth a few extra grand. KERCHING ££
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nick.h
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PostPosted: 18:24 - 17 Sep 2005    Post subject: Reply with quote

This is what i think what happened, and probably is what i will tell the insurance, after talking with my mate, to see what he saw.

1. I was riding along, when i saw my mate at a bus stop
2. I indicated and broke, to pull into the lay by.
3. I was hit from behind, before being able to turn.

Will the insurance people want me to go into real detail about it?

Nick
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minesweeper
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PostPosted: 18:30 - 17 Sep 2005    Post subject: Reply with quote

Firstly dont mention anywhere that he is your friend unless you mentioned to the other driver who hit you. Secondly the damage to your bike should be consistent with being hit from behind which will stand up in court. make sure that him leaving the scene of the accident is mentioned and brought up by your insurers.

If you happen to develop a bad back over the next few days as well mention it and go to your doctors for painkillers.

Matt
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strag
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PostPosted: 18:43 - 17 Sep 2005    Post subject: Reply with quote

Mate, you were doing NOTHING wrong! You were riding along safely and observing speed limits, you indicated to pull over to the side of the road, when you were inexplicably hit from behind by said car. Its that simple, honest.

He hit you, it is his responsibility to priove he was not at fault, and he will have a VERY tough time doing so as he was following you. Give basic details (as above) and stick to them. Do not start umming and ahhing about this and that.

I know you are worried about it but keep it simple.
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delboy
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PostPosted: 19:54 - 17 Sep 2005    Post subject: Reply with quote

NO FOR GOD SAKE DON'T EVEN MENTION YOUR FRIEND

State that you had to slow for a dog or child or another car in front of YOU. Never give the insurance company fuel for their fire m8. If you can, and its a big 'if' get you m8 to be an impartial 'witness' to the accident.

Only thing i would say to the insurance is that 'i had to slow down for above reasons'

Still instruct your insurance to sue the idiot driver for mental anguish, if they don't take up on it contact a no win no fee lawyer.

You have done nothing wrong!! Please also remember that the other driver's insurance company gets a copy of your turn of events, so choose you words wisely.

I hope this help, let us all know how you get on Thumbs Up
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Fortuna
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PostPosted: 00:06 - 18 Sep 2005    Post subject: Reply with quote

Teaman wrote:
hang about!
How are you to blame (in the eyes of the law) if you got hit from behind.
the whole point of keeping a decent gap is so you dont run into the person infront if you do an emergency stop...

Utter tripe that they will see it as anything else.
Ok so your inexperienced but thats not excuse against you.
the driver was experienced and hes the one that was driving too close and not paying attention.

in my eyes, yeah you did do a stupid and as you found out dangerous thing but im not gonna flame you for that,,, actually I'm gonna say that I'm realy sorry you found out the hard way instead of just a close call. (we all do something like that)

I can't answer anymore than that realy but i can't believe that either of you will loose licences.
Hope it goes well for you and keep us posted.

When I got hit up the arse my solicitor got 100% for me. No excuse for it. Go to court you can't lose.
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ZZRman
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PostPosted: 00:55 - 18 Sep 2005    Post subject: Reply with quote

One fatal flaw that has been over looked, insurance companies will use terms like a 50/50 blame to speed up the claims process, say NO, dont budge as they will use very snaky tactics, if you do its all over that was not your friend, he must also state in his statement the driver drove away from the scene, this also need to be reported to the police by you, even though all the deatails have been taken at the time if not mentioned, you are entitled to a proper investigation by the police as all accidents are.

Cheers
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Vespa
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PostPosted: 11:17 - 18 Sep 2005    Post subject: Reply with quote

.

Last edited by Vespa on 23:50 - 01 Nov 2005; edited 1 time in total
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nick.h
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PostPosted: 11:25 - 18 Sep 2005    Post subject: Reply with quote

I didnt get the chance to stop in the road, as soon as i hit the brakes to slow down ( i didnt want to go flying into the bus stop) i probably only slowed down 10 mph then he hit me.

Nick
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Jack_Cheese
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PostPosted: 14:05 - 18 Sep 2005    Post subject: Reply with quote

I have a message for the driver - Middle Finger Evil or Very Mad Middle Finger

And since he left the scene of the accident - it is effectively a hit and run.

Jack
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delboy
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PostPosted: 14:12 - 18 Sep 2005    Post subject: Reply with quote

The driver that rear slammed you gets 24 hrs by law to inform the police that they have been involved in an accident if they drive of without stopping, they can do this if they feel their own personal saftey is compromised. IE: lone woman gets hit in rear by male driver.

If he did not report it within the stated time then that's a hit and run, even more shit to fling at his insurance company.
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Speedfreak
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PostPosted: 14:16 - 18 Sep 2005    Post subject: Reply with quote

If he was following the 2 second rule he would have had time to react instead of rear ending you. It is his fault even though you did brake sudden and quite hard he should have left enough of a gap to react accordingly.

Steve
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paulthewitt
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PostPosted: 14:45 - 18 Sep 2005    Post subject: Reply with quote

i believe under the highway code it states something like:

"be warey of motorcycles, they may need to brake or swerve for reasons like manhole covers that wont affect a car"


he didnt do this, he didnt give a good breaking distance. it is his fault. if he debates, then fight it, eventually they'll give up and admit liability. rape him for injuries, mental trauma, bus journeys (keep tickets) and then you'll be laughing.

Paul
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Jack_Cheese
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PostPosted: 14:51 - 18 Sep 2005    Post subject: Reply with quote

delboy wrote:
The driver that rear slammed you gets 24 hrs by law to inform the police that they have been involved in an accident if they drive of without stopping, they can do this if they feel their own personal saftey is compromised. IE: lone woman gets hit in rear by male driver.

If he did not report it within the stated time then that's a hit and run, even more shit to fling at his insurance company.


Fair enough Thumbs Up sounds to me like the guy in the car would just use it as an excuse though.

Jack
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Vespa
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PostPosted: 15:03 - 18 Sep 2005    Post subject: Reply with quote

.

Last edited by Vespa on 23:51 - 01 Nov 2005; edited 1 time in total
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