Accident update...

[AcIdBuRnZ]

Well, looks like I'm having the same problem as Tin...

I think most of you will have read my 'Crash' thread by now (if not - why not?)

After talking to police for 4th time this week, looks like I'm gonna get sod all

Because the witnessess didn't actually see the van hitting me, and the driver denies ever seeing me and didn't even know about the accident untill police went to his house. Witnessess just saw van coming towards them and me and bike lying on the verge.

Surely that would be sufficient evidence right?

NO. Police say it's his word against mine. Because he never saw me, the police say in his eyes that the accident never actually occured!!! And apparently so will his insurance!!!

I said to the officer, that if I ever have an accident again in the future, all I have to do is say I never saw it and I'm off Scot free?
Also pointed out that just proves that bikers are 2nd class citizens on the road.

I just find it so frustrating that I'm the victim here and the one losing out. It's a total f*** up.

Any ideas guys?

Apart from seeking legal aid, looks like I'm gonna be £140 outta pocket because someone hit me, which I cannot understand why I should pay it.

Mark
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Past: Honda NSR125R >> Kawasaki ER-5a2 >> Kawasaki ZZR-600e1 >> Suzuki GSXR-750Y >> Honda VTR 1000 Firestorm
"Chickity China the Chinese Chicken..."

[Ian (GPX)]

[Bod]

hang on a minute, its hit and run either way you look at it. Put that down on your claim form and take it as far as you can the bastard. If nothing happens then, I'm sure you know one way of getting £140 out of him?

[T.C]

Get some legal advice You don't get legal aid for traffic accidents but most solicitors will offer a free half hour consultation.

As I keep repeating, because the Police are taking no action does not mean that you don't or can't have redress through the civil courts (depending on the circumstances) and if you are a good witness and show that on the balance of probability that this other vehicle did hit you, then you are a good part of the way there.

As an alternative given the value of the damage, simply issue proceedings against the other driver and sort it out in court!
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[Steve H]

Haven't you got any 'friends' who will come forward and say that they saw the accident and would be quite willing to purger themselves by giving a statement to the police

Another (slightly less illegal) alternative would be to write a letter to the individual mentioning that should he not be willing to come to some form of arrangement with regard to the costs (meeting you half way would be better than nothing) you will consider pressing charges (he may be unaware that the police are not interested) and/or taking civil action against him for costs/damages incurred. Whether you actually follow this letter up with anything positive is up to you. Even if you're not considering doing any of the things mentioned in your letter, for the cost of a stamp it's got to be worth a try. Give him a specific time period to respond within, i.e. 'If I receive no response from you within 10 days I will proceed with the aforementioned actions.'

In my experience a letter more often than not prompts the recipient into some form of action.
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Mellow Yellow
The BCF Top TEN - 2010, 2009, 2008, The Original.

[Mattastic]

That's really bad, like you said if you run someone over and nobody sees does that mean you didn't do it?

I'd personally brick his shop
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Too skint to buy a bike

[Bod]

thats what I was trying to say in a round about way.

[zxr400baby]

log everytime you contact the police and the other person involved, two can play at being mr plod, then when his story starts to change, which it inevitably will, you have got it there what was said previously, don't contact these no win, no fee people until your 100% sure that theres no other way that you are going to get any money out of this toss pot!

[T.C]

[True Blue]

You are best talking to your insurance people about it. Most of the old plod are not insurance experts they make themselves out to be.
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Past >>>> Honda NSR 125 >>>> Suzuki GSXR 600 K1 >>>> Suzuki GSXR 600 K4 >>>>Kawasaki Z1000 DAF >>>>Suzuki RMZ 250 >>>> Current >>>> KTM Superduke R 1290 >>>>

[T.C]

[moonym20]

like everybody else said you still have a chance with this

*me dons forensic hat *

if he hit you with his van with enough force to knock you over or make you loose ballance then surely there will be an indentation, mark or scratch of some sort on his van.?.... may well be worth a quick look see, and also mention that to the police next time you speak to them,
would be nice to see how he could explain that one........
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A scientist crossed a skunk with an owl. He's got a bird that smells but doesn't give a hoot

[mrchips]

Slash his tires.

[AcIdBuRnZ]

Cheers for all the advice

Police checked his van...no mark on it they say.

But like I told them, it was my elbow\arm which caught the van, so there wouldn't be a mark would there? (fabric jacket)

I'm gonna speak to the driver and give him the choice to payout before going through other procedures.

Anyway, he still ain't handed his documents into police, he only got until Sunday!!!

Mark
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Past: Honda NSR125R >> Kawasaki ER-5a2 >> Kawasaki ZZR-600e1 >> Suzuki GSXR-750Y >> Honda VTR 1000 Firestorm
"Chickity China the Chinese Chicken..."

[AcIdBuRnZ]

Also...would 2 new headlamp units for a brand new Transit total more than £140?
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Past: Honda NSR125R >> Kawasaki ER-5a2 >> Kawasaki ZZR-600e1 >> Suzuki GSXR-750Y >> Honda VTR 1000 Firestorm
"Chickity China the Chinese Chicken..."

[Bod]

I'd do more than that mate