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| Mac_Black |
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 Mac_Black World Chat Champion
Joined: 25 Nov 2007 Karma :  
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 Posted: 22:50 - 09 Sep 2012 Post subject: Bike crash. It's finally done. |
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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 )
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;
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.
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?
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?
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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 Derivative World Chat Champion
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| anthony_r6 |
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 anthony_r6 World Chat Champion

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 anthony_r6 World Chat Champion

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| Mac_Black |
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 Mac_Black World Chat Champion
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| covent.gardens |
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 covent.gardens World Clap Champion

Joined: 09 Jun 2012 Karma :     
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| Polarbear |
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 Polarbear Super Spammer

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| Mac_Black |
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 Mac_Black World Chat Champion
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| Marmalade |
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 Marmalade World Chat Champion

Joined: 28 Apr 2009 Karma :    
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 Posted: 23:07 - 09 Sep 2012 Post subject: |
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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. ____________________ Nobby the Bastard: How yo tell the difference between the actual japanese and her just screaming because she's had live fish stuck up her arse? [url=https://www.nicks-shop.co.uk/bcf-goodies-15-c.aspGet BCF stickers and things here[/url] Reflective helmet stickers - Legal requirement in france - Clicky |
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| Flamzypants |
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 Flamzypants Nova Slayer

Joined: 07 Jul 2011 Karma :     
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 Posted: 23:36 - 09 Sep 2012 Post subject: |
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When I was knocked off I had to pay for my baby's few days of storage and crushing + tow fee 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. ____________________ CBT - 30/06/11. RIP Sinnis Stealth 18/07/11. Theory passed! CBR125R 16/08/12. Mod 1 Booked. |
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| Darylw27 |
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 Darylw27 Nova Slayer
Joined: 20 May 2011 Karma :    
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| UrbanRacer |
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 UrbanRacer World Chat Champion

Joined: 26 Jul 2005 Karma :     
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 23:50 - 09 Sep 2012 Post subject: |
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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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____________________ “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.
Last edited by stinkwheel on 00:03 - 10 Sep 2012; edited 1 time in total |
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| daemonoid |
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 daemonoid World Chat Champion

Joined: 27 Jun 2008 Karma :    
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| Raffles |
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 Raffles World Chat Champion
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| CaNsA |
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 CaNsA Super Spammer

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| Mac_Black |
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 Mac_Black World Chat Champion
Joined: 25 Nov 2007 Karma :  
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 Posted: 00:51 - 10 Sep 2012 Post subject: |
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| 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. 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.
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
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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 Mac_Black World Chat Champion
Joined: 25 Nov 2007 Karma :  
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| CaNsA |
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 CaNsA Super Spammer

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| Mac_Black |
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 Mac_Black World Chat Champion
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 08:44 - 10 Sep 2012 Post subject: |
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Glad you're more or less OK.
Not one word to Plod, except "Where be duty solicitor?" ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| Fisty |
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 Fisty Super Spammer

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| Kris |
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 Kris World Chat Champion

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| Mac_Black |
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 Mac_Black World Chat Champion
Joined: 25 Nov 2007 Karma :  
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 Posted: 12:08 - 10 Sep 2012 Post subject: |
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Ok well I woke up to a very concerning letter this morning (just about )
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.
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
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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 Mac_Black World Chat Champion
Joined: 25 Nov 2007 Karma :  
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 Posted: 12:10 - 10 Sep 2012 Post subject: |
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Oh and thank you all so far for the advice and well wishes, very gladly received so please keep it coming!
Cheers,
Mac. |
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Old Thread Alert!
The last post was made 13 years, 254 days ago. Instead of replying here, would creating a new thread be more useful? |
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