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Bike crash. It's finally done.

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Mac_Black
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PostPosted: 22:50 - 09 Sep 2012    Post subject: Bike crash. It's finally done. Reply with quote

Good evening BCF.
On Friday afternoon I had a big crash resulting from a tank slapper on my ZX10R.
I wasn't doing silly speeds as I believe I had just entered an NSL and had just overtaken a line of traffic,
I remember the tank slapper lasting longer than I have usually experienced and panicking that I was heading towards a central reservation with maybe a bus coming the other way.
The last thing I remember is getting chucked off to the right as the bike tucked in to the floor.

I woke up being loaded into an ambulance, briefly talked to a police officer I know and asked him whether I could arrange for the bike to be picked up, he told me of course that they had to take care of things.
I spent the night in the observation unit after spending 4 hours in a neck brace, undergoing x-rays and CT scans etc.
Gladly I can report that I got away extremely well, with the worst of my injuries being a severe case of concussion (52 hours on and my vision is still not at its best, though it has been steadily recovering)
and minor road rash to my knee's and left calf as the only piece of my body not protected by bike gear was my legs (jeans).
Other than that just the odd bruise or graze.

Anyway, I've been keen to hear what the police had to tell me about the incident and the state of my bike. After contacting an operator twice yesterday to ask whether the officer could get in touch he finally did.. About 10 minutes ago.

He asked me how I was feeling and about my injuries and said I didn't need him to tell me how lucky I was blah blah blah (everyone's told me, including myself Mr. Green)
He asked me whether I'd like to come in for a voluntary interview, to which I said he can call me back about on Friday.
He informed me that the bike had been seized and impounded for the police to inspect and that it had slid some 82 meters from the point of the 'crash', thankfully it didn't hit any body (main road so I worried about cars more so than pedestrians anyway but you never know) though a few vehicles did have to swerve to avoid it.
I asked him whether it was at least possible for me to view the bike, he said it would not until they had carried out their inspection,which would likely be done by Friday.
But in any case he was confident that it would be a write off, he advised me to contact my insurers.

Now the advice I ask of the masses is;
Arrow What do I have to gain/ loose by agreeing/disagreeing to go for a voluntary interview? I have my line worked out already and tbf as I stated I *think* was doing pretty sensible speeds anyway.
Arrow If a bike has slid 82 meters unobstructed down a straight road, then what speed was it likely doing at the point I came off?
Arrow Will costs be incurred for the recovery/impounding of the bike and are these likely to covered by my insurance, TPO with legal cover and recovery etc?
Arrow Is it a legal requirement that I must inform my insurers of this accident being that no other vehicles were involved?
If so:
i. Will the insurers have any interest in writing the bike off it is not absolutely wrecked (ie damaged frame).
ii. Will my no claims be effected?

Cheers for taking the time to read.
Mac, glad to be alive.


Last edited by Mac_Black on 17:13 - 20 Feb 2014; edited 5 times in total
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Derivative
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PostPosted: 22:55 - 09 Sep 2012    Post subject: Reply with quote

Can't comment on most of the bits in your post, but 82 metres is not an obscene distance.

Highway Code gives 55m as the braking distance from 60mph.

It is not unwarranted to say that a vehicle sliding along the road will stop slower than one at the limit of friction braking properly.

I know that when I fell off my CG at 30, it definitely slid further than I could have stopped in.
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anthony_r6
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PostPosted: 22:56 - 09 Sep 2012    Post subject: Reply with quote

If you're TPO - I think you'll incur the charges.
And yes you're supposed to inform your insurance.
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anthony_r6
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PostPosted: 22:58 - 09 Sep 2012    Post subject: Reply with quote

Derivative wrote:
Can't comment on most of the bits in your post, but 82 metres is not an obscene distance.

Highway Code gives 55m as the braking distance from 60mph.

It is not unwarranted to say that a vehicle sliding along the road will stop slower than one at the limit of friction braking properly.

I know that when I fell off my CG at 30, it definitely slid further than I could have stopped in.


I would assume that a bike on it's side would stop much faster than braking. A lot of surface area to stop it, well if it doesn't have bungs or anything.
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Mac_Black
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PostPosted: 22:59 - 09 Sep 2012    Post subject: Reply with quote

It had bungs.. for how long I'm not sure though, as it had already been dropped on them.

Cheers,
Mac.
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covent.gardens
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PostPosted: 22:59 - 09 Sep 2012    Post subject: Reply with quote

Sounds like they are considering a careless driving charge.
I wouldn't worry about how far the bike slid, witness statements will probably be of more importance.

I think you can kiss goodbye to the NCB though, because I'm pretty sure the police/ambulance/fire etc recover their costs via your insurance. Most important thing is your OK though. Good luck with it all.
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Polarbear
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PostPosted: 23:04 - 09 Sep 2012    Post subject: Reply with quote

The only thing I can say for certain is you won't get any storage charges until the police release your bike from the investigation. Then the storage charges will start. They will tell you when that happens. (they did to my mate who had his car nicked and used in a robbery anyway)
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Mac_Black
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PostPosted: 23:05 - 09 Sep 2012    Post subject: Reply with quote

Ah.. well all the PC told me about the witnesses was that one had said that at some point I was "10ft in the air".. I don't believe that for a second, as I have no recollection of high siding,
Rather the opposite infarct and my injuries don't tie in with that at all.. my upper body is virtually unscathed.

If worst comes to worst then as sucky as losing my NCB for a single vehicle accident would be, at least I have 1 years that I hadn't transferred.

/Edit Cheers PolarBear, very good to know!

Cheers,
Mac.


Last edited by Mac_Black on 23:07 - 09 Sep 2012; edited 1 time in total
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Marmalade
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PostPosted: 23:07 - 09 Sep 2012    Post subject: Reply with quote

If the police require the bike for inspection then they are liable up to the point they no longer require it so if you get it collected that day you should have nothing to pay.
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Flamzypants
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PostPosted: 23:36 - 09 Sep 2012    Post subject: Reply with quote

When I was knocked off I had to pay for my baby's few days of storage and crushing + tow fee Sad Though in my case that *eventually* came back through insurance as it was non-fault. Talking to the police is probably a good thing, get your story straight. Insurance don't care unless you contact them, and even after not much unless you're trying to get money of out them. I think you might have to declare an accident to them, best check your policy. Afaik you don't lose no claims unless you claim, if something is claimed against you it's a different story but if you pay it rather than passing it through your insurance you won't lose no claims...probably. Best phone your insurer and ask them!

Good luck to ya.
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Darylw27
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PostPosted: 23:40 - 09 Sep 2012    Post subject: Reply with quote

To answer your insurance questions, going by how the company I work for operates so obviously yours can be different. Costs for recovery and impounding will most likely NOT be covered esp on TPO. Legal cover 99% of the time covers NON fault accidents. As you were the only vehicle involved that's classed as 'fault' Legally speaking you must inform your insurers. However as no other vehicle was involved I would leave that decision up to yourself, personally I wouldn't. Insurers won't be interested in the bike as it's TPO and no TP was involved. No claims discount shouldn't be affected as you are NOT making a claim. Again that's how it would work with the company I work for, but it could differ slightly.

Glad to hear your mainly ok though!
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UrbanRacer
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PostPosted: 23:49 - 09 Sep 2012    Post subject: Reply with quote

Glad your alright, almost came off my bike on track because of a tank slapper, you are most certainly a passenger in those situations.

I would imagine it will be difficult for the police to determine the speed of the bike from when it crashed. A bike sliding on its side on plastic and metal can go for some distance even at 30mph.
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stinkwheel
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PostPosted: 23:50 - 09 Sep 2012    Post subject: Reply with quote

The police do not want to speak to you to find out what you didn't do.

If there was noone else involved and they are doing an inspection of the bike, they are shaping up to do you for driving without due care or dangerous driving. The only possible reason they can have to want to interview you is to see what you'll admit to. The police generally don't give a damn about solo bike crashes unless they think there's something they can do you for.

Seek professional legal advice but I personally would not go.

If they think you've done something illegal, let them prove it. Don't hand it to them on a plate.

It may be worth mentioning at this point that there is a satuatory defence against a charge of dangerous driving in the case of there being a mechanical failure. Unless their inspection of the bike can refute such a failure if it's used as a defence, a prosecution for dangerous driving will not stand up.

"It may harm your defence if you do not mention when questioned, something you later rely on in court.". So if there was a mechanical defect and you do decide to talk to them. Make sure you mention it on record (but I might suggest not labouring the point so as to draw attention to it).

As i said, I woldn't speak to them. If they think they have enough to go on, they'll do it anyway. If they don't, there's no point taking the risk that you put your foot in it.

EDIT: Remember. PACE (Code C 3.21) allows you to have a duty solicitor present, free of charge, even during a volountary interview.
Quote:


If they are not arrested but are cautioned as in section 10, the person who gives the caution must, at the same time, inform them they are not under arrest, they are not obliged to remain at the station or other location but if they agree to remain, they may obtain free and independent legal advice if they want.

They shall also be given a copy of the notice explaining the arrangements for obtaining legal advice and told that the right to legal advice includes the right to speak with a solicitor on the telephone and be asked if they want advice. If advice is requested, the interviewer is responsible for securing its provision without delay by contacting the Defence Solicitor Call Centre and for ensuring that the provisions of this Code and Codes E and F concerning the conduct and recording of interviews of suspects are followed insofar as they can be applied to suspects who are not under arrest.

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Last edited by stinkwheel on 00:03 - 10 Sep 2012; edited 1 time in total
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daemonoid
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PostPosted: 23:57 - 09 Sep 2012    Post subject: Reply with quote

stinkwheel wrote:
If they think you've done something illegal, let them prove it. Don't hand it to them on a plate.


Spot on!

https://www.youtube.com/watch?v=jhbJd2USUDI

That vid is from the US, but the principle is the same. Don't talk to the cops under any circumstances, even of you're innocent.
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Raffles
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PostPosted: 00:00 - 10 Sep 2012    Post subject: Re: Bike crash, advice for dealing with police and insurers. Reply with quote

Mac_Kaliba wrote:
He asked me whether I'd like to come in for a voluntary interview

As others have said, do not accept his invitation to attend a voluntary interview. He is not your friend and the only reason that he wants to have a friendly chat with you is to garner evidence against you and stitch you up.
Decline his kind offer and let him try to build a case against you without assisting him.
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CaNsA
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PostPosted: 00:03 - 10 Sep 2012    Post subject: Reply with quote

Crash bike, get a bit of road rash, decent.
You are a lucky lucky fucker Mac.

Pics of road rash needed and stop bloody binning it!
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Mac_Black
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PostPosted: 00:51 - 10 Sep 2012    Post subject: Reply with quote

stinkwheel&daemonoid&Raffles wrote:
It may be worth mentioning at this point that there is a satuatory defence against a charge of dangerous driving in the case of there being a mechanical failure. Unless their inspection of the bike can refute such a failure if it's used as a defence, a prosecution for dangerous driving will not stand up.

If they think you've done something illegal, let them prove it. Don't hand it to them on a plate. Don't talk to the cops under any circumstances, even of you're innocent.

He is not your friend and the only reason that he wants to have a friendly chat with you is to garner evidence against you and stitch you up.


Well now that you mention it.. I do remember my r/h rider's hanger giving way, perhaps that caused the instability that led to my tank slapper.

So yes, as you guys have all advised, this is pretty much what I was thinking when he asked me to an interview, hence why I asked him to call back on Friday.
My standard line is not to talk to the Police, I was drawn in to an 'voluntary' interview once before and I no commented throughout once realising that I could speak to a solicitor.
In that case the officer didn't wait to rearrange and instead served me with a form requesting that I serve the details of any riders on that vehicle.. sneaky wanker. Evil or Very Mad Eventually leading to a 42 day disqualification that I could do nothing to fight.

I know this copper isn't my friend, believe me.
We two have history you see, once in June of 2010 he and another officer pulled up in a marked Astra to behind a group I was walking home with after having an altercation with a passing group.
He was straight out of the car and very aggressive towards me, as I had turned around to face them as they pulled up.. He grabbed me by the shoulder of my jacket immediately and began asking me for my name.
I told him I would not be giving him any details until he told me why he was stopping me, he told me to shut up and give him my name.. Long story short, I refused, someone who I was with told him my first name and I told him to shut the fuck up before he could say my surname.. Well this prick of course took the opportunity to warn me not to swear again.. I guess I must have because next thing I know he jumped on me and put me into a tight headlock, trying to force me into the floor.
I pushed off his back and managed to release myself, as soon as I levelled he was right in my face so I just planted one square on his.. After a proper fight with him and his colleague I ended up CS'ed, battoned and punched with my head being forced into the road as and even after they overpowered and cuffed me.

I wanted to plead innocent on the grounds that the officers were not acting in lawful duty but having no reliable witnesses and not being able to cover the costs of a trial should I lose I had to settle for pleading Guilty on a basis.. I was charged with 2 counts of "Assault of an Officer acting in lawful duty" and asides from costs and 200 hours of community service I had to pay each of the pricks £200 in compensation. Evil or Very Mad

Then last week he pulls over a mate of mine (I was in the back seat) for driving suspiciously on an industrial state late at night (fair enough).
With my mate out of the car, without a word he just jumps in and starts rifling through the car...
I challenged him and asked him whether he should be informing the driver that he be would conducting a search and with what probably cause..
Conveniently at that moment he found a Grinder in the driver's door compartment Laughing

The guy's a lyer and a coward (always keeps his head low when not behind the safety of the uniform) and he's a bully-boy, lazy and aggressive police type with an I am the law attitude, strict bitch of a teacher for a Mum apparently so it's no wander why he ended up where he is.

That's all folks,
Mac.
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Mac_Black
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PostPosted: 01:22 - 10 Sep 2012    Post subject: Reply with quote

Gore!
Legs eleven
https://i114.photobucket.com/albums/n243/MacKaliba/07092012066.jpg
My left calf
https://i114.photobucket.com/albums/n243/MacKaliba/07092012067.jpg
Look at my sexy butt Razz
https://i114.photobucket.com/albums/n243/MacKaliba/07092012068.jpg
Cannula! Garhghghgh horibble thing
https://i114.photobucket.com/albums/n243/MacKaliba/07092012069.jpg
Those were taken Friday evening before I slept in the lovely hospital bed Confused

And this was this evening, my wounds were irritating me so I undressed them and they'd gone all gammy.. I've left them to air and they've scabbed over now so it's all good.
Right knee as an example.
https://i114.photobucket.com/albums/n243/MacKaliba/09092012070.jpg
Not bad really for a *single lane NSL* Wink crash in jeans, I'm quite surprised I have kneecaps still and no broken bones.

Cheers,
Mac.
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CaNsA
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PostPosted: 01:30 - 10 Sep 2012    Post subject: Reply with quote

Double Whammy


What really happened.

https://i.imgur.com/kEwDX.jpg
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Mac_Black
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PostPosted: 02:07 - 10 Sep 2012    Post subject: Reply with quote

I'll post pictures of my kit tomorrow, and pictures of my bike when I reclaim it.

Cheers,
Mac.
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Rogerborg
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PostPosted: 08:44 - 10 Sep 2012    Post subject: Reply with quote

Glad you're more or less OK.

Not one word to Plod, except "Where be duty solicitor?"
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Fisty
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PostPosted: 08:47 - 10 Sep 2012    Post subject: Reply with quote

Ouch, from my recent experience just keep gob shut. They got bored and dropped the investigation into my accident.
Hope the bike is repairable and GWS!
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Kris
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PostPosted: 09:26 - 10 Sep 2012    Post subject: Re: Bike crash, advice for dealing with police and insurers. Reply with quote

Mac_Kaliba wrote:
He asked me whether I'd like to come in for a voluntary interview


That old chestnut. Rolling Eyes

Saying nothing is definately best, unless you think the witnesses' accounts could see you getting done regardless.

Rather than speaking you can offer a signed 'statement of fact' and refuse to comment further. This statement can be waved under the nose of a solicitor to ensure you are not admitting anything..

But, if you can avoid speaking to the police at all then do that!
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Mac_Black
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PostPosted: 12:08 - 10 Sep 2012    Post subject: Reply with quote

Ok well I woke up to a very concerning letter this morning (just about Smile)
Bad things never seem to come in singles.
My insurers advised me that payment terms had not been maintained (read: they managed to fail to take money out of my account the last 3 months) so the cover would be cancelled as of the 13th.
Mad

Well I phoned them and decided to pay it it full, outright so no more monthly payment bollocks.. It's always nice to clear a debt Very Happy
So thankfully I will be covered until next May and more importantly I won't have a cancellation to declare, which would have really fucked my day up!

Insurance have also been notified of the accident. They simply put it down as a notification, no further action of course.

So as far as I'm concerned all that's left now is to wait for Police to finish with the bike and see what state it's in.. then it's case closed.

Cheers,
Mac.
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Mac_Black
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PostPosted: 12:10 - 10 Sep 2012    Post subject: Reply with quote

Oh and thank you all so far for the advice and well wishes, very gladly received so please keep it coming! Razz

Cheers,
Mac.
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