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Marcg868
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Joined: 20 Jan 2005
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PostPosted: 22:57 - 26 Oct 2005    Post subject: Oh dear! Reply with quote

Well as you may or may not know i had a collision with a police officer the other night, due to no fault on my part. According to the police tho, they are taking no further action, so no action will be taken against me, and also no compensation to the broken hip, sprained shoulder and the 4/6 weeks off work i will need and also no compensation to the cost of the damage of the bike,whatever that may be.

Damage as follows-

1. Dented tank
2. Right bar slightly bent
3.Broken Mirror,brake fluid holder and lever bracket
4. Scratched and slightly cracked upper nose plastic
5. broken right indi
6. Bent right foot peg.

Not sure how much that'll cost with Honda prices, 2500 mile service plus new clutch lever and left side mirror bracket was £106 pound!
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The Old Geeza
Back in my day...



Joined: 25 May 2005
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PostPosted: 23:10 - 26 Oct 2005    Post subject: Reply with quote

Although the cops are taking no further action against you, just write a very well compositioned letter to the Police Station concerned, stating that you intend taking action against either themselves or whoever was responsible in order to recoupe your losses.

Don't get angry, don't be cocky and don't apportion blame. Just let them know that you are 'out of pocket' and you intend recovering your expenses from whoever is to blame for your misfortune.

However. You must be 100% sure that the Police have been the cause of your losses.

I hope you're successful in your claim Thumbs Up



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.....
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Joined: 15 Jan 2005
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PostPosted: 23:12 - 26 Oct 2005    Post subject: Reply with quote

If you can't get the Police to cough up then try here for parts. Can often save quite a bit on Hondas prices - https://www.davidsilverspares.co.uk/
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 23:13 - 26 Oct 2005    Post subject: Reply with quote

Hi

It is not up to the police to decide that there is no further action to compensate you. That is something seperate to any legal action they take against you.

New prices, here are guesses.

1. Dented tank £300
2. Right bar slightly bent £40
3.Broken Mirror,brake fluid holder and lever bracket £100
4. Scratched and slightly cracked upper nose plastic £200
5. broken right indi £25
6. Bent right foot peg.£20

You need to decide whether you want to claim. You can try going directly against the police but otherwise you will likely need professional legal advice to claim as it is pretty much normally accepted that it is the riders / drivers fault for not avoiding a pedestrian.

All the best

Keith
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Marcg868
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PostPosted: 23:16 - 26 Oct 2005    Post subject: Reply with quote

You reckon a tank on the cbr will be 300? If so Jeeeez!

I thought it'd be about 600/700 do i now have to declare ive had an accident like they said when i re new my insurance?
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ISLAND GIRL
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Joined: 24 Oct 2005
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PostPosted: 23:17 - 26 Oct 2005    Post subject: Reply with quote

What happened exactly bwfc4eva86, were they running a blue light? By all accounts I have heard that police dont like bikes or the riders anyway so be careful if you are gonna go after them for some of the cost but good luck too Thumbs Up
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Paivi
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PostPosted: 23:17 - 26 Oct 2005    Post subject: Reply with quote

What is your insurance company saying? Have you spoken to a solicitor yet?
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.....
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Joined: 15 Jan 2005
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PostPosted: 23:19 - 26 Oct 2005    Post subject: Reply with quote

try www.ridersupport.com as well
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Rookie
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Joined: 09 Feb 2005
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PostPosted: 23:22 - 26 Oct 2005    Post subject: Reply with quote

This guy ran out into the road after someone else, for those who don't know, and the crash was unavoidable. It sounds like you've got a chance to me, but you might need 2 claims: one for your injuries and losses since, which should be free through a compensation company, all that 'no win no fee' crap, and then you might need to start a claim against them for the bike damages, but that could be more complicated. If it looks like you'll get some compensation from a 'free' claim, maybe you would be best served putting that, or some of it, towards the bike repairs.
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Marcg868
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PostPosted: 23:25 - 26 Oct 2005    Post subject: Reply with quote

Have to see what my Mum says, i dont think i'll get anything from the police. I did everything to avoid the collision the drunken disorderly scallie saw me but he didnt, i beeped twice, dropped a gear or two which you can hear, was doing 20 mph when we collided, he hit me on my shoulder and knocked me off the bike.
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colin1
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Joined: 17 Feb 2005
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PostPosted: 23:27 - 26 Oct 2005    Post subject: Reply with quote

if this is the same guy who had a copper run out in front of him chasing a scally, its worse than i realised

i thought it was just a bit of light damage and no injuries

this is personal injury claim territory which I reckon is a few thousand and if the police are not taking action against you they cant go back on that just because you make a claim as it would look like they are trying to threaten you off.

people get £3000 for highly suspect 'whiplash' injuries so broken bones is gonna be more if the copper is found to be at fault

If you werent at fault, then either the copper was at fault or no one was at fault. From your description it was the coppers fault and it sounded like he knew that.

I have a friend who is a copper and the bad thing is that they are more used to lying in court than anyone else but usually its to secure a conviction on someone they think is guilty. In this case the copper might come clean and its jsut police lawyers that are trying to keep things quiet.

You owe it to all of us to pursue it. At the very least give a no win no fee personal injury lawyer a ring, but bike specialist lawyers are a better bet.
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Ste
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Joined: 01 Sep 2002
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PostPosted: 23:37 - 26 Oct 2005    Post subject: Reply with quote

www.boyesturnerlegal.co.uk/claims/ Thumbs Up
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Dom
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PostPosted: 23:39 - 26 Oct 2005    Post subject: Reply with quote

If you are going to claim, then good luck. I suspect you'll need it. Neutral
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Marcg868
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Joined: 20 Jan 2005
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PostPosted: 23:46 - 26 Oct 2005    Post subject: Reply with quote

Yeah colin its me, i thought it was minor injuries, but unfortunatly the pain hit me the next morning. Whiplash, sore right shoulder where i hit the ground chipped hip, sprained left shoulder where i hit him.

Ive been told its half my fault and half his fault. The inspector of the police force said, i should of slowed down sooner, and he said yes he should of looked. But i was already braking before the bend and couldnt slam on my brakes mid bend, so thats why i hit him. Plus its quite hard to see someone in a dark black uniform at 9 oclock at night.
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Rookie
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PostPosted: 23:49 - 26 Oct 2005    Post subject: Reply with quote

Take 'em to the cleaners. Thumbs Up
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Paivi
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PostPosted: 23:53 - 26 Oct 2005    Post subject: Reply with quote

bwfc4eva86 wrote:
Ive been told its half my fault and half his fault.

That's for the court to decide. You really need to talk to your insurance company if you haven't already. You may have to use their solicitors, or they can tell you which bike solicitors to use. Fletcher's are supposed to be good, as they only do bike claims, and are bikers themselves.

Be careful with the ambulance chasers, if you do win damages, some of them take 50% of that as their fee.
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Marcg868
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PostPosted: 23:54 - 26 Oct 2005    Post subject: Reply with quote

You reckon one of these no claim no fee places will give me money towards reparing my bike?!
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 23:59 - 26 Oct 2005    Post subject: Reply with quote

Hi

As far as civil liability then the police inspector is hardly a source of impartial advice.

bwfc4eva86 wrote:
You reckon one of these no claim no fee places will give me money towards reparing my bike?!


Nope, they will be more interested in getting their money. You money comes second.

All the best

Keith
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biggerjohn
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Joined: 11 Apr 2005
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PostPosted: 12:14 - 27 Oct 2005    Post subject: Reply with quote

Sounds like you have a very good claim mate.

Let me see if I have this right

You where at a legal speed

Slowed down as much as you could with the bend

Warned him with the horn twice

Where actually struck side on by the Officer


If the above is correct you can and should claim against them.

The police are a professional body of witch a member acted negligently (running it to road and into a moving vehicle) causing property damage and physical injury.

You have a very good claim IMHO

Talk to your insurance and make your claim if you have no legal cover don’t go to the “no win no fee” but use the Bike friendly people others have suggested.

And good luck mate I don’t think you will need it but it is the right thing to say
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colin1
Captain Safety



Joined: 17 Feb 2005
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PostPosted: 23:05 - 27 Oct 2005    Post subject: Reply with quote

we need siggi to pop up and say all coppers are bastards and you should sue for as much as you can get
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Chriss
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Joined: 07 May 2005
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PostPosted: 23:55 - 27 Oct 2005    Post subject: Reply with quote

You've got legal protection with your insurance policy, right?

If so, use it, you've paid for it after all!
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Visitor Q
$25 whore



Joined: 30 Apr 2004
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PostPosted: 00:00 - 28 Oct 2005    Post subject: Reply with quote

PM Steve H if i were you.
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From September 2014 to January/February 2015 I will not be using any English, nor reading any. As such, I won't be on here. PM at will, but I won't be checking/posting unless in emergencies. Certainly not for the first couple of months. Please berate me savagely if I break that rule...
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Hotdog
Nearly there...



Joined: 28 Sep 2005
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PostPosted: 02:11 - 29 Oct 2005    Post subject: FFS - get on with it :) Reply with quote

Hi,

Without quoting every individual post made so far, I'd like to just comment on some of the points made.

Without Prejudice.

"just write a very well compositioned letter to the Police Station concerned, stating that you intend taking action against either themselves or whoever was responsible in order to recoupe your losses. Don't get angry, don't be cocky and don't apportion blame. Just let them know that you are 'out of pocket' and you intend recovering your expenses from whoever is to blame for your misfortune"

Don't do this - No point, just pursue a claim against them. While you could do this yourself, you would be better off getting legal assistance.

"You must be 100% sure that the Police have been the cause of your losses"

No, quite simply, you don't. It is the facts that will decide who is to blame.

"It is not up to the police to decide that there is no further action to compensate you. That is something seperate to any legal action they take against you"

Damn right, the fact that they aren't prosecuting you only demonstrates that you are not to blame, not that they aren't. (and it's SEPARATE)

"You need to decide whether you want to claim. You can try going directly against the police but otherwise you will likely need professional legal advice to claim as it is pretty much normally accepted that it is the riders / drivers fault for not avoiding a pedestrian"

You don't go directly to the police, they are legally obliged to tell you who their insurer is (public liability) as it was a road traffic accident (not to tell you who is at fault). You can then write to their insurer and explain why you feel their insured is to blame for your losses or better still get legal representation.

"I have heard that police dont like bikes or the riders anyway so be careful if you are gonna go after them for some of the cost but good luck too"

It doesn't matter if the police like motorcyclists as it is a fairly straightforward insurance claim. Which you are fairly and legally entitled to pursue.

"It sounds like you've got a chance to me, but you might need 2 claims: one for your injuries and losses since, which should be free through a compensation company, all that 'no win no fee' crap, and then you might need to start a claim against them for the bike damages"

I guess you could try to do this as two claims but I think you will only make life very difficult for yourself. Having said that you can claim for your bike from FC insurance if you have it and give your insurer the details so that they can pursue reimbursement (which they will - guaranteed). That would leave your injuries and any other uninsured loses - transport, clothing, earnings for you to recover - unless you have this free with your insurance policy ?

"Have to see what my Mum says, i dont think i'll get anything from the police. I did everything to avoid the collision the drunken disorderly scallie saw me but he didnt, i beeped twice, dropped a gear or two which you can hear, was doing 20 mph when we collided, he hit me on my shoulder and knocked me off the bike"

"I did everything to avoid the collision - he hit me on my shoulder and knocked me off the bike"

You aren't trying to 'get anything from the police' and indeed...if you think the chief will sit down and write you a cheque you have the wrong end of the stick entirely. The only way you will get anything is to pursue a claim via their insurers.

"If you werent at fault, then either the copper was at fault or no one was at fault. From your description it was the coppers fault and it sounded like he knew that"

Damn right - stop asking for advice and get a solicitor !!!

"I have a friend who is a copper and the bad thing is that they are more used to lying in court than anyone else but usually its to secure a conviction on someone they think is guilty"

Everyone lies in court.

"You owe it to all of us to pursue it"

You owe it to yourself to pursue it. If it wasn't a policeman who ran into you would you be this confused ?

"At the very least give a no win no fee personal injury lawyer a ring, but bike specialist lawyers are a better bet"

Wise words indeed.....

"Ive been told its half my fault and half his fault. The inspector of the police force said, i should of slowed down sooner, and he said yes he should of looked"

I didn't realise the inspector was a witness to the accident or that he was an impartial accident investigator.

Personally, I would report him for malpractice and attempting to pervert the course of justice. He should not have been expressing his personal opinion to you while working. The law states that in an accident insurance details have to be provided.

"Take 'em to the cleaners"

Not a bad plan. At all.

"Ive been told its half my fault and half his fault - That's for the court to decide. You really need to talk to your insurance company if you haven't already"

Yep, damn right. It is for the courts to decide. A policeman ran into you and knocked you off your bike, causing damage to you and your vehicle. I wish the claims I've had to wade through were this simple.

"Fletcher's are supposed to be good, as they only do bike claims, and are bikers themselves"

Can't comment, haven't used Fletchers - but you want them or someone like them.

"Be careful with the ambulance chasers, if you do win damages, some of them take 50% of that as their fee"

They are all obliged to tell you what you will be charged. Ask and be sure you understand.

"As far as civil liability then the police inspector is hardly a source of impartial advice"

I like it when people talk sense on here. Rare as it is.

"The police are a professional body of witch a member acted negligently (running it to road and into a moving vehicle) causing property damage and physical injury - You have a very good claim IMHO"

And in mine.

"You've got legal protection with your insurance policy, right? If so, use it, you've paid for it after all!"

You really, REALLY, need to stop farting around and sort it out.

Hotdog.

ps. most interesting grammar of the day - 'compositioned' instead of composed Wink
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