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Why, yes! It was an Audi

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Mr Hammers
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PostPosted: 00:30 - 14 Nov 2019    Post subject: Why, yes! It was an Audi Reply with quote

So, anyway. On the way home, overtaking a line of stationary traffic, keeping it below 30. Audi decides to pull out of the queue (think to turn around because of traffic, as there's no junction). Indicates as she turns, slam into the side of the car, almost managed to stay up leaning against the car, but car stops so now, with no support i'm heading towards the nearside kerb, so try and pull it back while braking to avoid the car in front, but low sides, and slid along on the right hand side for a few feet.

Get up and see oil pouring out - only changed it 800 miles ago! Push it onto the path and assess the damage. Driver young woman plus boyfriend plus another park up and come over. I'm fine, apart from something up with my right leg. Not much damage to the Audi, bit of a scuff on the driver's door and a little dent on the wheelarch.

Exchange contact details, but agree not to bother going through the insurance as they'll only call it 50/50 anyway. Push it home. Wallow in sadness and self-pity for an hour, then start looking for replacement parts.

Damage;

Engine Cover RHS holed (got one off ebay for £26)
Rear Brake Lever snapped
Radiator Cowling RHS broken
Front Indicator RHS snapped off
Rear Foot Peg LHS snapped in two

Rolling down a hill, i notice it's pulling to the right. Forks and everything look ok, so i'm really hoping loosening off the forks and resetting them will sort that out.

Been an unusually shit week already. And it's only fucking Wednesday. Rolling Eyes Still, could have been worse i suppose.

Obligatory diagram

https://www.planetash.net/bcf/wham.jpg
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Easy-X
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PostPosted: 02:00 - 14 Nov 2019    Post subject: Reply with quote

Oh dear, I've been doing a lot of similar manoeuvres this week - long queues of traffic everywhere, especially this morning!

I've been keeping it to 2nd gear and trundling along. I even pull over to let the 40mph bikers pass Smile

Hope you get the bike sorted.
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trevor saxe-coburg-gotha
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PostPosted: 04:15 - 14 Nov 2019    Post subject: Re: Why, yes! It was an Audi Reply with quote

Mr Hammers wrote:
So, anyway. On the way home, overtaking a line of stationary traffic, keeping it below 30. Audi decides to pull out of the queue (think to turn around because of traffic, as there's no junction). Indicates as she turns, slam into the side of the car, almost managed to stay up leaning against the car, but car stops so now, with no support i'm heading towards the nearside kerb, so try and pull it back while braking to avoid the car in front, but low sides, and slid along on the right hand side for a few feet.

Get up and see oil pouring out - only changed it 800 miles ago! Push it onto the path and assess the damage. Driver young woman plus boyfriend plus another park up and come over. I'm fine, apart from something up with my right leg. Not much damage to the Audi, bit of a scuff on the driver's door and a little dent on the wheelarch.

Exchange contact details, but agree not to bother going through the insurance as they'll only call it 50/50 anyway. Push it home. Wallow in sadness and self-pity for an hour, then start looking for replacement parts.

Damage;

Engine Cover RHS holed (got one off ebay for £26)
Rear Brake Lever snapped
Radiator Cowling RHS broken
Front Indicator RHS snapped off
Rear Foot Peg LHS snapped in two

Rolling down a hill, i notice it's pulling to the right. Forks and everything look ok, so i'm really hoping loosening off the forks and resetting them will sort that out.

Been an unusually shit week already. And it's only fucking Wednesday. Rolling Eyes Still, could have been worse i suppose.

Obligatory diagram

https://www.planetash.net/bcf/wham.jpg


I'd have thought your left leg was more likely to get hurt. Anyway, good to hear you're not too badly off. I've been in the exact same situation a couple of times - not sure how I managed to avoid it beyond blind luck. Long line - someone in a rush..."u-turn and go back up the road to a rat run". Erm yeah okay but how about a quick mirror and should check first, M8. "Nah - fuck it."

Only solutions I've managed to come up with is slowing right down, beeping horn early and often, and keeping as wide a berth as possible. But peeping isn't easy because I know people'll be pissed off due to the fact we all use it way more as a rebuke rather than a "I'm here" signal. Difficult to overcome that on a unilateral basis. I suppose a wave, or left-leaning nod could theoretically help - but eh. As said, I've nearly wiped out several times in identical situations. Dumb luck - nothing else - saved me. Hope your leg's not too bad.
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JackButler
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PostPosted: 05:50 - 14 Nov 2019    Post subject: Reply with quote

You had a no fault incident where the driver of the Audi is 100% at fault & you even have a witness.

You need to pray to your God that she doesn't go home & start her claim against you in the morning. You did get that witness's details didn't you???
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DJP
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PostPosted: 06:24 - 14 Nov 2019    Post subject: Reply with quote

JackButler wrote:
You had a no fault incident where the driver of the Audi is 100% at fault & you even have a witness.

You need to pray to your God that she doesn't go home & start her claim against you in the morning. You did get that witness's details didn't you???


That^^.

Put it through insurance and get compo now because injury.

She will.
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Sister Sledge
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PostPosted: 07:39 - 14 Nov 2019    Post subject: Reply with quote

If it's one sad fact I'll remember my time on this planet for it's that everyone is out to trample over you from the very top such as royalty and all the way down to a beggar on the street. All in it for themselves - trust no-one.
Surely even a slight bruise to you is classed as reportable to the police never mind insurance companies?

I know your mind will have been spinning for many hours following this incident but I do hope you're more focused today and can do the right thing.
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doggone
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PostPosted: 08:11 - 14 Nov 2019    Post subject: Reply with quote

By this morning, her story will be having to edge out of lane slightly to avoid some kittens, having checked mirror and indicated correctly a maniac biker doing at least twice the speed deliberately rammed her.

The Audi has been checked by a garage and is uneconomic to repair plus she and the passenger have been to A and E due to whiplash, and could easily be paraplegic in later life so you owe £2m
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P.
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PostPosted: 09:15 - 14 Nov 2019    Post subject: Reply with quote

Always claim, they will later this week/early next.
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Polarbear
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PostPosted: 09:25 - 14 Nov 2019    Post subject: Reply with quote

And another for get your story in first. They will and you will look the bad guy if you claim in response to them.

That 'small' amount of damage to the Audi won't be cheap, especially at a main dealers.
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JackButler
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PostPosted: 09:36 - 14 Nov 2019    Post subject: Reply with quote

Not only will you be well out of pocket, but there is also a female Audi driver out there who hasn't yet learned her lesson.

You MUST contact your insurance before hers does . . .
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BTTD
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PostPosted: 09:51 - 14 Nov 2019    Post subject: Re: Why, yes! It was an Audi Reply with quote

Mr Hammers wrote:
Not much damage to the Audi, bit of a scuff on the driver's door and a little dent on the wheelarch


Last time I had a scuff resprayed it cost me somewhere around £200 (they do the whole panel). A dent in a wing could be pulled out, or it could need a new wing.
Pulling out and respraying, lets estimate £300.
So probably looking at a minimum of £500 if they shop around and go to a reasonable independent garage.
They could easily get quoted £2k for that work.
I would expect them to go insurance once they realise how much it's going to cost.
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trevor saxe-coburg-gotha
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PostPosted: 10:44 - 14 Nov 2019    Post subject: Reply with quote

Probably best to just lie there, still - until the ambulance turns up. But the prospect of six hours in A&E is pretty unedifying to say the least.
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JackButler
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PostPosted: 10:55 - 14 Nov 2019    Post subject: Reply with quote

mpd72 wrote:


Whilst I can see that point, even a no fault claim will probably end up increasing the renewal so much, it won't be worth putting in the claim.

It's now so expensive on renewals to make a claim, even if not your fault, that insurance is hardly worth claiming on unless it's a really expensive claim.


I get your point, but that's not totally how the insurance industry works.

If you don't notify your insurance company of any notifiable incident, regardless of blame, then your insurance could become null & void.

Please don't confuse your insurance broker with your insurance company.

If you have a no fault incident it is quite possible for you to claim against the 3rd party without involving your insurance company . . . AS LONG AS THEY HAVE BEEN NOTIFIED and they're happy that they won't be paying out.

This is also true of your broker, who have a habit of hijacking your claim with things like personal injury, hire bike etc which they make a lot of money from & are very clever in how they make YOU think that they're acting on YOUR behalf, they aren't & it is difficult to say no to them.

Please don't confuse your insurance company with your broker.

If you have a no fault incident then you MUST inform your insurance company regardless of any effect it might have on your premiums & regardless of whether you don't wish to persue the matter.
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JackButler
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PostPosted: 10:59 - 14 Nov 2019    Post subject: Reply with quote

trevor saxe-coburg-gotha wrote:
Probably best to just lie there, still - until the ambulance turns up. But the prospect of six hours in A&E is pretty unedifying to say the least.


The last time I sat for a pint with a motorcycle riding Barrister that was just about exactly what he said. If you think it wasn't your fault & it's safe to do so, just lie still & play dead, all sorts of things then kick in automatically.
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stinkwheel
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PostPosted: 12:21 - 14 Nov 2019    Post subject: Reply with quote

I once T-boned an audi which had just performed a u-turn in front of me at about 15mph. The bike cost 350 to fix. The Audi was a write-off because I creased the B-pillar. Presumably with my shoulder. Which was considered to be structural damage, even though I steered for the middle of the drivers door because it looked softest. Didn't even fall over.

Write yourself a detailed report now, stating everything that happened and locations, road marking and who was where. Notify your insurance company.

It's not a 50:50. A driver who pulls out of traffic when a filtering motorcycle is "Right on top" * of them can be held 100% liable.


*Use that phrase in any statements/accounts you make, it appeared in the appeal court judgement that set the prescedent.
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A100man
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PostPosted: 13:27 - 14 Nov 2019    Post subject: Reply with quote

A while back my then wife was hit up the arse by a taxi just coming off a roundabout in slow traffic (to let some kids cross a road). The taxi driver was quite intimidating (to her) claiming her fault (yeah right).
I called and calmed him down and said either he pay local garage for repair or I call insurance.. He so didn't want that he paid 400 quid cash for what was really a minor repair.

Not sure what the moral of this story is but for me insurance is to keep the Rozzers off your back and to pay up for any unfortunate major incidents. If you can negotiate knock for knock etc.. it will be cheaper in most cases.
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blue_painted
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PostPosted: 13:48 - 14 Nov 2019    Post subject: Reply with quote

stinkwheel wrote:
(snips)
It's not a 50:50. A driver who pulls out of traffic when a filtering motorcycle is "Right on top" * of them can be held 100% liable.


*Use that phrase in any statements/accounts you make, it appeared in the appeal court judgement that set the prescedent.


So what does it mean? "Right on top" ...?
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Hawkeye1250FA
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PostPosted: 13:59 - 14 Nov 2019    Post subject: Reply with quote

Probably implies driving without due care and attention on the part of the Audi.

If someone is right on top of them figuratively speaking, theres no reason they wouldnt have seen them, had they checked.

Not checking before a maneuvre which then causes an accident is textbook due care and attention.
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ThunderGuts
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PostPosted: 14:24 - 14 Nov 2019    Post subject: Reply with quote

The only thing I'd comment in all of this is filtering at anywhere close to 30mph difference from traffic speed as the OP is implying (stationary traffic and "keeping it under 30") I'd say is getting a bit fast? In which case possibly split liability?

It's hardly an unknown event having cars perform U-turns in queuing traffic; yes they should look properly before doing so, but as a motorcyclist aware of the risks, we should probably also anticipate and keep our speed down.

I might be misinterpreting and in reality the OP wasn't going very fast at all though.
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stinkwheel
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PostPosted: 14:31 - 14 Nov 2019    Post subject: Reply with quote

mpd72 wrote:
blue_painted wrote:


So what does it mean? "Right on top" ...?


Not enough time or distance for the rider to take evasive action, I guess?


That would also be my interpretation of the phrase.

The case in question is Davis v Schrogin.

Summary of findings here:
https://www.clarkewillmott.com/case-studies/motorcycle-filtering-legitimised/

The solicitors journal summarise the findings thus:

Quote:
"Once a judge had found as a primary fact that a motorcyclist was so close to the point of impact with a vehicle executing a u-turn that he could not have avoided the resulting collision, there was simply no basis for any finding of contributory negligence on the part of the motorcyclist."


He also found the speed of approach was irrelevant because the manouver was carried out so abruptly and that it wasn't the bikers job to put himself in a position where he can be easily seen, it's the other drivers job to look.
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JackButler
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PostPosted: 16:04 - 14 Nov 2019    Post subject: Reply with quote

mpd72 wrote:
It would be interesting to see how this law would be applied if the filtering rider was over a solid white line.


Which law???

You maybe led to believe during your learner training that a solid white line should be considered as a brick wall. It isn't, it's a solid white line for a purpose, and there are many situations where you can legally cross it.

Unlike a brick wall, which is not recommended to cross Smile
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