Knocked off my new-to-me bike. Ms Paint incl.

[JackDG]

Well, some of you may have remembered my previous thread asking for price advice on a 02 CBR 600Fsport, white.

I had done about 4 or 500 miles, everything was sweet, just fitted a black widow slip on (Can recommend).

Pretty simple as paint diagram shows. passing traffic, audi-rental-american-tourist pulls out to also overtake, I slow and move far right up against curb but I wasn't fast enough, he hits my handlebars and I go down on me arse. A bit sore and stiff but no real damage to me, which is a plus, considering we were doing overtaking speeds.

Insurers said since we were both considered overtaking, default is a split liability, however he admitted fault to police (or so the police told me as they organized their own recovery of bike). Really hoping this is true as I only have 3rd party and don't want to be landed with recovery + storage costs.

Police said they would have done him for careless driving, but since he's a tourist they would need to arrest him on the spot and take him to court next day, which they didn't want to do.
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1992 GPZ 500

[Polarbear]

[P.]

Unless you were being a proper idiot doing 60 in a 40 or something, I'd contest that... but what were you overtaking

[kramdra]

Poor obs, overtaking multiple vehicles in one go. Inadequte or hesitant use of speed.

You are 100% at fault, in my opinion.

[doggone]

What have the police got to do with it, you are going to claim against his insurance policy which will be included in the rental agreement.
If you have fully comp insurance they will deal with it to avoid paying out.
If you don't, have fun - but should still be no problem unless they claim to have been in Bulgaria at the time and/or have alternative witnesses who no speaky English.

[DrDonnyBrago]

Are the purple witnesses on bicycles?

Should have guessed the car in front is going to overtake a pair of bicyclists riding two abreast.

[weasley]

Reading between the lines, it looks like the American went to overtake the two purple blobs just after our OP had already decided to overtake the American and the purple blobs. If the purple blobs are motorbikes then this is possibly understandable - you might not expect the American to go for an overtake, especially if you've been following them a while and they have shown no interest in overtaking. If the purple blobs are bicycles though, it's a different matter as it is inevitable the American would want to pass them and maybe our OP didn't see them before committing to his overtake? Or perhaps the purples were mopeds/scooters? Or horses?
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Yamaha XJ600 | Yamaha YZF600R Thundercat | KTM 990 SMT | BMW F900XR TE

[JackDG]

Purple blobs also motorcycles, they had just recently overtaken Yankee doodle. It was a long line of slow moving traffic, on a nsl
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1992 GPZ 500

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[JackDG]

[Hawkeye1250FA]

Poor obs 😂

But seriously... Sounds like impatient yank annoyed at motorcycles that had overtaken him slowing in front of him. (They were slowing because they used good obs and saw you coming).

He goes for either the Hero - overtake everything in one go... Or the I'll teach these bikes a lesson overtake.

Either way he didn't check his mirrors.

Driving without due care every day of the week (him). I wouldn't accept anything other than 100% his fault. Assuming you were not crossing solid white lines etc.
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1993 RF400R - 2002 Bandit 1200 - 2012 1250 FA

[DrDonnyBrago]

On an unrelated note... I have a pair of OEM levers, a set of OEM rubber brake lines, OEM can, OEM screen and some nobrand stainless downpipes for your bike if you are interested .

[JackDG]

[Hawkeye1250FA]

In fairness to you...

Not much you can do about it at that stage...

As Yoda would say... Do or do not. There is no try.

So either don't go for the overtake... Or fully commit to it and get the fuck out of there before a moron can strike. 👍
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1993 RF400R - 2002 Bandit 1200 - 2012 1250 FA

[Kentol750]

There was a case in the news not long ago where this happened to a guy (his dad was filming the ride behind(iirc)). Eastern European fella did same thing albeit a greater speed, got dealt with severely.
https://www.visordown.com/motorcycle-videos-contentm/when-overtaking-goes-horribly-wrong
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Some bikes.

[Evil Hans]

[JackDG]

[natefz6]

Well done on walking away from it, shame about the bike.


Poor obs by the car driver but sounds like you will need to fight for it not to go 50-50 unless his insurance acknowledge that he admitted fault. If I recall correctly from my claim (I got 100% in the end) 50-50 is for the total claim, that means that you could claim 50% of recovery, damage to bike and leathers etc from their insurance...I think. Looks like your bike came off much worse than the car.

I bet as a holiday rental he has silly excess.
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"no I didn't steal it that's just the way I ride"

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[JackDG]

Nope don't know them. They were husband and wife and stopped to help.

All I know is several minutes before they were able to move up and I wasn't (I'm still several cars behind) . When I caught up they were in front of the Audi, I assessed it safe to pass (no on coming , no traffic close behind me, bikers not making it obvious they were waiting to pass).

I appreciate it's hard to type up all the details to perfectly paint the memory in my mind but I hope the key details are sufficient for insurance, and more importantly bcf police said everyone's story (mine, driver, bike witnesses) matched up
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1992 GPZ 500

[JackDG]

[quote="mpd72 CPT"][quote="JackDG"]

They recently overtook, they overtook him while I was still several car lengths behind.

Arghhh typo. Few cars behind. Not car lengths. I can see where the confusion comes from
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1992 GPZ 500

[Ste]

You're going to get stung for the recovery and storage costs so go and get your bike back ASAP.

The driver admitting fault or liability is all well and good but what actually matters is the insurance company admitting liability.

"since we were both considered overtaking, default is a split liability"

Come again?

Is the road a dual carriageway?

[JackDG]

[Hawkeye1250FA]

[Ste]

You weren't considering overtaking, you were overtaking.

I expect you'll have to pay to get your bike back from the recovery people.