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YUN
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Joined: 08 Jan 2008
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PostPosted: 10:50 - 19 Jul 2011    Post subject: Insurance help Reply with quote

My mate, is not a BCF member so am asking advice for her.

She had an accident last night commuting home from work. She was riding in the right lane and car was driving in the left.

Without any indication, car just cuts infront of her to turn into the side road. She see him turn into her at the corner of her eye, but the emergency stop in the rain and just over 2 drain covers meant she fell straight to the floor.

Now the bike falls completely ontop of her - 2 men in the street ran over to help lift the bike off her and push the bike to the side. The car finally stopped and reversed back up. Another witness runs over to shout at the driver whilst she shakes off the shock. She is fine except for a bruised left knee.

The bike is completely out of action:
- fairings cracked
- handle bars are bent
- foot peg broken
- clutch broken
- gears linkage broken - can't even get into neutral
Bike can't even be moved properly and so have pushed and parked and locked it up near her workplace for now.

She took down his registration, car details, name, house address and mobile number (which doesn't work). He openly admitted to her and witness that he had not indicated, didn't check his mirrors as he was lost!! Her plan was to call him to arrange for him to pay her privately for the damage and call it quits but now she has to result to going through insurance as she can't get hold of him unless she drives to his house!

She is confused to what to do - will this lean in her favour if she call insurance? If not, then its not worth paying an extra premium. She also has a witness.

Also, if the insurance doesn't work out for her - how much do you think it'll cost for bike repairs?

Any advice appreciated
Yun
____________________
Meet the team that will win, Blade, Razor, Blazer and my personal assistant, Michelle and from Romanovia - Fran Stalinovskovichdavidovitchsky
~ * CBT - 13/01/08 --> Theory 24/05/08 --> Squished by lorries, brand new CBR125(2000miles) write-off 04/06/06 --> DAS booked 02-04/08/08 * --> DAS passed 05/08/08 * --> VFR400 (aka 'Mike') ~


Last edited by YUN on 20:22 - 19 Jul 2011; edited 1 time in total
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P.addy
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 10:54 - 19 Jul 2011    Post subject: Reply with quote

By the "right" lane was it a 2 lane place, or was she overtaking?

As long as you got car details...i'd call the police, say he has given you false information as you cant get hold of him.

Report to your insurer, give them the crime ref number Thumbs Up
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YUN
Traffic Copper



Joined: 08 Jan 2008
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PostPosted: 10:58 - 19 Jul 2011    Post subject: Reply with quote

There was defo 2 lanes. He was riding mainly in the middle of both lanes as there was a cyclist on his left (no cycle lane), so she was in the correct right lane but riding more towards her right than in the middle (if that makes sense).
____________________
Meet the team that will win, Blade, Razor, Blazer and my personal assistant, Michelle and from Romanovia - Fran Stalinovskovichdavidovitchsky
~ * CBT - 13/01/08 --> Theory 24/05/08 --> Squished by lorries, brand new CBR125(2000miles) write-off 04/06/06 --> DAS booked 02-04/08/08 * --> DAS passed 05/08/08 * --> VFR400 (aka 'Mike') ~
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Minty
World Chat Champion



Joined: 23 Dec 2005
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PostPosted: 12:57 - 19 Jul 2011    Post subject: Reply with quote

Report to the insurance and for gods sake, DONT LOSE THE WITNESS DETAILS.

I'd be all for sorting out privately but the mere fact he has given a duff mobile number removes that favourable option for them. Thumbs Up
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t121anf
World Chat Champion



Joined: 23 Feb 2007
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PostPosted: 13:42 - 19 Jul 2011    Post subject: Reply with quote

playing devils advocate here, but i think insurance would go in favour of the driver.

yes he was in the wrong for not indicating but she failed to stop, he never hit her unless i am misreading.

sorry but i think she is shit out of luck.

thats motoring though
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multijoy
World Chat Champion



Joined: 03 Oct 2008
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PostPosted: 13:49 - 19 Jul 2011    Post subject: Reply with quote

t121anf wrote:
playing devils advocate here, but i think insurance would go in favour of the driver.


Why?

It's the responsibility of the driver making the maneuver to ensure it's safe to do so. This even applies if you're filtering (for the most part, but depends a lot more on the circumstances) and a car decides to make a turn.

The driver caused the accident by making an unsignalled turn, cutting in front of traffic that had the right of way. Whether she hit him, or whether she fell as a result of the poor road surface, is neither here nor there.

Personally, I'd lawyer up before Ken ditches CFAs, no point losing a no-claims bonus for some tit who thinks he can get away with just handing over a dodgy number.
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silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on.
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T.C
World Chat Champion



Joined: 05 Nov 2003
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PostPosted: 14:38 - 19 Jul 2011    Post subject: Reply with quote

multijoy wrote:


Personally, I'd lawyer up before Ken ditches CFAs, no point losing a no-claims bonus for some tit who thinks he can get away with just handing over a dodgy number.


CFA's are only being scrapped for medical negligence cases, they will still remain for Personal injury cases, and a CFA has never been available for damage only crashes.

Likewise, Legal aid in personal injury cases was replaced by the CFA (no win no fee for those of you not familiar with the initials), but Legal aid will also be scrapped for medical negligence and some other legal areas.

As far as this case goes, liability against the other driver will not be an issue.

Driver has a statutory duty of care to ensure that it is safe to move before the position on the road is actually changed, and the evidence so far appears to be favourable on the part of your mate.

If your friend was injured, then at the moment there is no need to do anything with your insurers, as the letter of claim that will be sent out will be forwarded onto the third party insurers.

If there is only damage, then notify your insurance company as they will also get the letter of claim sent out and get the ball rolling using the portal system.

If you need any assistance, then PM me with a contact number and I will be happy to give you a call and discuss the situation without any obligation.
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