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Had an off and the bloke's not insured

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lee_d_m
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Joined: 22 Jul 2007
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PostPosted: 19:20 - 26 Nov 2007    Post subject: Had an off and the bloke's not insured Reply with quote

First off today, was overtaking a line of cars in traffic and a guy in the line decided to do a u-turn right in front of me.

Fortunately I was only doing about 10mph, but the impact was enough to leave a massive dent in his drivers door. I've got a bruised leg and shoulder but forutnately was wearing Sidi's and other gear so was ok. Also, there was an ambulance waiting in the queue of traffic, about 10 yards from the accident, so was being looked after almost before I hit the ground !

My bike (a YBR 125) doesn't look too good. Steering is well out, the wheel points left and the bars point to the right. It starts up ok, but feels a bit funny when pushing it.

Now the worst bit, it turns out the guy's insurance ran out on 31/10. I'm also only TPFT so looks like I could be well and truly buggered. Gonna have to get the train to work now which costs me about 20 quid per day as opposed to the 15 quid per week my bike cost me Crying or Very sad Plus the thought sitting on a train bored out of my brain rather than being out in the open air is not a pleasant thought.

Waiting for a call back from my insurers tomorrow to see whats gonna happen

Would appreciate any advice on my best course of action in order to get some money back and also get my bike sorted.

Cheers

Lee
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Ichy
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PostPosted: 19:27 - 26 Nov 2007    Post subject: Reply with quote

Do you have legal aid on your insurance? If not then you need to find a claims company. You will be covered by the Motor Insurers Bureau although they may expect you to accept a certain amount of blame due to the nature of the accident. No idea how long the claim will take though?

You have all the other guys info?
Did you report the accident to the Police? You need to if you haven't.
Keep all receipts including the train tickets.
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fazza59
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PostPosted: 19:31 - 26 Nov 2007    Post subject: Reply with quote

If he didn't have insurance sue the cunt!

Make sure the incident is reported to the police and don't forget to tell them he was uninsured.

Get your bike to a repair shop and get some quotes.

Glad your ok.
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Kickstart
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PostPosted: 19:34 - 26 Nov 2007    Post subject: Reply with quote

Hi

Insurance is there to cover his liability. In theory with no insurance he is still liable and you can sue him for the damage. Just means that he has to pay for the damage rather than having an insurance company bail him out (although reality means it takes longer to get the money). And reasonable costs (such as the extra travel costs for a reasonable length of time) should be claimable as well.

Failing that there is the MIB.

All the best

Keith
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 19:38 - 26 Nov 2007    Post subject: Re: Had an off and the bloke's not insured Reply with quote

I presume you have his details?
Has he agreed to compensate you?

Sounds like the bike should be a pretty easy fix.
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lee_d_m
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PostPosted: 19:42 - 26 Nov 2007    Post subject: Reply with quote

Hi Ichy,

Thanks for the reply, not sure if I have legal aid, but I have legal cover, will ask about legal aid tomorrow. The legal side of things regarding the bike is being handled by Bikers Legal Defence, which from a few posts on this site appears to be a good company.

I have reported it to the police and have been given a collision report ref number.

My insurance company did mention something about the motor bureau, which looks like being my only option. Although you did mention about a claims company, would it complicate things using one of these whilst Bikers Legal Defence is handling it ?

I guess I could sue the guy if all else fails, but I would be concerned as I know in a lot of these cases they are ruled as 50/50 as I was overtaking (I was overtaking on broken diagonal lines on my side of the road) which I thought I was allowed to do if the vehicles are stationery.

Thanks again for your help

Lee
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iooi
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PostPosted: 19:56 - 26 Nov 2007    Post subject: Reply with quote

You got it all coverd there.
Let the police, ins and bikers legal lot sort it all out for you.

Here's hoping he gets well stuffed by the police.
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Ichy
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PostPosted: 20:03 - 26 Nov 2007    Post subject: Reply with quote

lee_d_m wrote:
Hi Ichy,

not sure if I have legal aid, but I have legal cover,


One and the same. From what you've wrote you've got it all covered for now. Sit back and wait. You could start making a list of the damage.
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NSR Mick
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PostPosted: 20:09 - 26 Nov 2007    Post subject: Reply with quote

lee_d_m wrote:
The legal side of things regarding the bike is being handled by Bikers Legal Defence, which from a few posts on this site appears to be a good company.



They are handling my case. Thumbs Up

Yes they are OK but make sure that you ring them regular and make sure that if you do get through to whoever is handling your case has read the notes.

I rang them last week to ask how it was going after I had rejected the 3rd parties insurance co's piss take offer of £800 for my NSR and the girl who had being apparently handling my case for the last 2 months didnt know I'd rejected an offer. Rolling Eyes
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lllN30lll
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PostPosted: 20:13 - 26 Nov 2007    Post subject: Reply with quote

when did you find out he was uninsured? at the scene?

did you inform the police he was uninsured? may not have had a license either.
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danclarkie
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PostPosted: 20:24 - 26 Nov 2007    Post subject: Reply with quote

Said it before and I'll say it again.
Get plod down there if you have an off.
Would have took his car off him there and then amongst other things!
Sounds cut and dry tho mate keep your chin up, If anything id take some joy in doing this un-insured muppet over.
Any luck he could get disqual, which would be nice.
Make a note of all the expenses you incur ect ect, The worst part is over now and you can take this sap to the cleaners! Thumbs Up
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lllN30lll
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PostPosted: 20:26 - 26 Nov 2007    Post subject: Reply with quote

danclarkie wrote:
Said it before and I'll say it again.
Get plod down there if you have an off.
Would have took his car off him there and then amongst other things!
Sounds cut and dry tho mate keep your chin up, If anything id take some joy in doing this un-insured muppet over.
Any luck he could get disqual, which would be nice.
Make a note of all the expenses you incur ect ect, The worst part is over now and you can take this sap to the cleaners! Thumbs Up

agreed, I'd always call the police when there's been an RTA
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lee_d_m
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PostPosted: 20:31 - 26 Nov 2007    Post subject: Reply with quote

Thanks for all the advice and encouragement people. It's good to have a place like here to come and ask for unbiased advice, and especially good to know that some of you have been through this sort of thing and are speaking from first hand experience.

I didn't know he was uninsured at the scene unfortunately. It transpired later in the day after BLD had contacted his insurers to be told his policy had expired on 31/10. I wish i had got the police down there, and will definitely do that in the future if I have another off.

Thanks again for all the advice, will let you know how I get on.

Cheers

Lee
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Ariel Badger
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PostPosted: 20:47 - 26 Nov 2007    Post subject: Reply with quote

If an ambulance attended so should the police, it is the law I believe.
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McGee
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PostPosted: 20:49 - 26 Nov 2007    Post subject: Reply with quote

fazza59 wrote:

Make sure the incident is reported to the police and don't forget to tell them he was uninsured.


If the cops were not called to the scene they can not get involved.

Its what I was told after my head on.
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Its pronounced Jixxer!
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dabigginger
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PostPosted: 20:55 - 26 Nov 2007    Post subject: Reply with quote

lee_d_m wrote:

I guess I could sue the guy if all else fails, but I would be concerned as I know in a lot of these cases they are ruled as 50/50 as I was overtaking (I was overtaking on broken diagonal lines on my side of the road) which I thought I was allowed to do if the vehicles are stationery.


I'm pretty sure I heard of a case recently where there was a similar accident. i.e.Bike filtering, car does a u-turn and bike hits the car. In the end, the car driver was found 100% at fault. Apparently, case law is massively important when taking similar cases to court. Mind you, I'm sure any decent solicitor would probably know about this kind of stuff.

Good luck to you!
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G
The Voice of Reason



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PostPosted: 20:57 - 26 Nov 2007    Post subject: Reply with quote

Unfortunate you found out the bloke wasn't insured after - have you talked to him since?
If you'd found out at the scene then you a good tack would have probably been "Sort me out the money for everything ASAP and we'll take it no further" - may well have seen you back up and going a lot sooner.

As far as I know, the MIB only pay out for injuries.

McGee wrote:

Its what I was told after my head on.

Did a cop tell you that?
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spnorm
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PostPosted: 21:13 - 26 Nov 2007    Post subject: Reply with quote

lee_d_m wrote:
I guess I could sue the guy if all else fails, but I would be concerned as I know in a lot of these cases they are ruled as 50/50 as I was overtaking (I was overtaking on broken diagonal lines on my side of the road) which I thought I was allowed to do if the vehicles are stationery.

Thanks again for your help

Lee


More recent cases have been settled 100% in the bikers favour, or at least 80/20 (as my case is being settled).

The MBI will only pay out for your injuries if the driver is uninsured, not the damage to your bike.

If the driver is solvent with a fulltime job then you should be able to successfully sue him for the damage. If he's unemployed and living in rented accommodation, then you'll probably never see a penny based upon my experience Sad
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McGee
O RLY?



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PostPosted: 21:27 - 26 Nov 2007    Post subject: Reply with quote

G wrote:

McGee wrote:

Its what I was told after my head on.

Did a cop tell you that?


Yup went into the police station and asked was told if they were not called to the scene they can't do anything. The guy behind the desk told me and I asked for another cop to confirm this and they also said the same.

May be worth asking though.
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Its pronounced Jixxer!
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Paivi
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PostPosted: 21:55 - 26 Nov 2007    Post subject: Reply with quote

dabigginger wrote:
I'm pretty sure I heard of a case recently where there was a similar accident. i.e.Bike filtering, car does a u-turn and bike hits the car. In the end, the car driver was found 100% at fault. Apparently, case law is massively important when taking similar cases to court. Mind you, I'm sure any decent solicitor would probably know about this kind of stuff.


And yet, apparently a lot of them are not aware of Davis v Schrogin but I'd expect the BLD to be.
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hellkat
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PostPosted: 22:05 - 26 Nov 2007    Post subject: Reply with quote

Is it not an offence to NOT report a road traffic accident that you have been involved in (more especially if you might be deemed to have caused it)?

Regardless of whether you get him to agree to pay for your bike to be fixed, he should at least be done for that (as well as no insurance).
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Itchy
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PostPosted: 22:08 - 26 Nov 2007    Post subject: Reply with quote

hellkat wrote:
Is it not an offence to NOT report a road traffic accident that you have been involved in (more especially if you might be deemed to have caused it)?

Regardless of whether you get him to agree to pay for your bike to be fixed, he should at least be done for that (as well as no insurance).


Yes apparently Sadie got done for it, a few moons ago, probably why when I got hit and run she told me to report to the cops soon as. (I broke the rule though and told them a couple days late).
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Duckyboos
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PostPosted: 22:10 - 26 Nov 2007    Post subject: Reply with quote

A lass at work has just had a payout from the MIB under the Uninsured Drivers Agreement... she was in an accident a few months back and the other party wasn't insured...

https://www.mib.org.uk/MIB/en/Claims/UK/Uninsured/GFprocedure.htm Thumbs Up
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Kickstart
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PostPosted: 22:39 - 26 Nov 2007    Post subject: Reply with quote

hellkat wrote:
Is it not an offence to NOT report a road traffic accident that you have been involved in (more especially if you might be deemed to have caused it)?


Only if a party was injured (or odd situations no owner being there, etc).

Of course whether someone is injured is not certain at the time.

All the best

Keith
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Ichy
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PostPosted: 22:44 - 26 Nov 2007    Post subject: Reply with quote

G wrote:
As far as I know, the MIB only pay out for injuries.


The MOTOR INSURERS BUREAU (or MIB) is an industry led organisation set up to compensate victims of accidents involving uninsured or untraced motorists.

The initial objective for the MIB was to compensate innocent parties for personal injury. Now they also deal with property damage claims subject to an excess of £300 being applied.



Never as simple as you think, I guess that mean you would have to take him to court to get the excess back?
Still, worth seeing what your insurance company have to say first.
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