The best way to have an accident...

[DrDonnyBrago]

Noticed a few people are posting spill threads at the moment, never had one myself but I thought I'd ask what the best course of action is after a spill - assuming I am still alive to care.

Hypothetical crash situation:

- Could be either of us at fault, I'm not 100% sure.
- My leg hurts a bit, but I can walk.
- Other driver claims a mild injury too.
- Bike is smashed in the middle of the road.
- I have fully comp insurance but I didn't take ANY of the legal/personal injury cover they offered.

So how should it pan out at the roadside, who should be called, should I move my bike, what should be said and to who? Then with the claims afterwards, what companies should I call, what if I injured the other guy, or I am injured or someone wants to sue me - who represents me?

I know many on here say the legal protection and personal injury insurance is a total waste of money so what are the options now that I haven't taken it?

Thanks all .

[L4Isoside]

Well if you are injured then phone the ambulance (and police will come along) then they will do an investigation, take witness's and statements etc.

I had legal protection, glad I did as it covers my solicitor's costs when I was injured in an accident, but I happen to be TPF&F.

[Livefast123]

Most accidents happen with people around so we'll assume there is and they have already called police/ambulance/fire. Never comment about the accident to anybody other than the police/ambulance, but at any injury RTA so are required to give your details inc insurance.

The most importent thing you can do at the scene of an accident is to get witness details asap before they vanish. If you can't because of injury then ask somebody to get their details for you. Write all their contact details down with phone numbers / email etc.

Assuming you can walk the next most importent thing to do is stop anyone moving the vehicles and get photo's with that disposible camera that is kept under your seat for this situation or on your mobile phone. Photo's tell a thousand words and make sure that you get any impact marks on the road or paint on vehicles etc in relation to the scene. Also get a photo of the road layout condition etc.

Look for any secondary witnesses ie CCTV camera's or Houses that you can knock on the door of if the police arn't taking it on.

If you are injured always get checked by an ambulance and go to hospital if they recommend. Especially with bike accidents internal injuries are possible and don't always show up.

Provide your recovery details to the police so they can get your bike recovered while you relax in hospital.

Get the details of the police officer investigating.
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Current ride - Yamaha MT-07

[c_dug]

Most claim companies will take you on free of charge as long as they think you will win the claim. Just be honest with them, if they loose and they think you have blatantly lied to them about the facts of the accident, they can try to claim the costs back from you.

Currently got a company called BLD dealing with a claim for me. A lot of people have recommended White Dalton to me though.
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I am a bellend, I am a man of constant sorrow, I am a gummy bear, I am a rock.

[iooi]

Don't worry about not taking legal protection... Its a total con.
If you are fully comp. Its the Ins co's job to sort it out.
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Just because my bike was A DIVVY, does not mean i am......

[defblade]

Don't get up. (Unless you're in danger where you are. Move then collapse again).

This is standard advice for pushbikers; I can't see it'd be much different for motorbikers.

That way, the police etc attend and there's much less arguing about what happened afterwards. Also, damage doesn't necessarily show up straight away, especially with adrenaline going etc so you end up defending that although you bounced up and sorted everything out, you really did have a broken leg/arm/wrist etc.
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Honda Varadero 125cc => Suzuki Bandit 650 33bhp => 77bhp =>
BMW K1200R Sport 163bhp => Aprilia Shiver GT 750 95bhp

[hmmmnz]

[stinkwheel]

Take photos of everything and everyone.

As soon as you get home, write yourself a mini report with details of the time, date, weather and road conditions, where everyone was, what happened, who was driving what, road markings.

These details can be important later. Insurance companies procrastinate as much as they can and legal wrangling can take years.

Also peoples stories change between the accident and their insurance claim form. A classic is who was driving. 2 people in the car, the husband has 5 years no-claims, the wife has 12 months. No matter who was actually driving at the time, it will have been the wife by the time the claim goes in.

People will twist things and even outright lie about them and small details can make a difference. If you are asked in court two years down the line: "So are you absolutely certain it was Mr Jones who was driving and not Mrs. Jones? After all, they were both out of the car by the time the police arrived.". Answering "That's what I recorded in my statement at the time, so yes." sounds good. Courts hold a lot of sway by concurrent records.

Putting people at the time and place is important. A friend of mine once had someone lie about the location of an accident so the damage to the vehicles would correspond with it being his fault. She'd pulled out into the side of his car on a roundabout. She claimed the accident had happened some 3 miles up the road and that he'd pulled straight across her path at a crossroads.

They tried to do it as a 50:50 (they love this, they deduct two excesses and delete two no-claims bonuses). He landed up threatning to take it to court and pointed out the possible consequences of a perjury conviction.

Mate of mine has a small digital video device on his bike that records a continuous 20 minute loop. It's built-in so just a small, unobtrusive lens mounted on the fairing. You have to know it's there before you see it. Seems like a hell of a good idea to me.
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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.

[DrDonnyBrago]

Thanks everyone for the input, lots of things I hadn't thought about. I've written them all down and printed it out, will keep it in my wallet in case I come a cropper.

Anyone have any experience with the legal side of things, i.e. what would I do if the ins companies were pushing for a 50/50 when the other guy is in the wrong etc.

Also, if someone tried to sue me for an injury I had caused would I be personally liable for anything or would that also fall completely onto my insurers?

[c_dug]

If the accident is your fault it will be covered by your insurance regardless. That is the third party bit of all policies.
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I am a bellend, I am a man of constant sorrow, I am a gummy bear, I am a rock.

[Livefast123]

I've got one of those Oragon waterproof camera things strapped onto my bar end. Records my commute everyday just in case some nobber tries to kill me.

Quality isn't HD but it will be good enough for the plod to see who's fault it is!!
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Current ride - Yamaha MT-07

[Paulington]

In the June accident I:

Got up, made sure the girlfriend was okay, turnt the bike off but left it where it was. I didn't have to call the Police or Ambulance as a witness did it for me.

Following this I got my phone out and started RECORDING. I held it in my hand and asked for statements (verbal) from all the witnesses and dictated what I thought happened, got the driver to say some things aswell as I.

Took pictures of the bike location and car location relative to the traffic lights including the damage to both.

Recordings are very VERY useful.
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"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.

[yandy_yay]

[Notj7]