Urgent help needed!!!

paul · Renault 5 Driver Joined: 04 Jul 2004 Karma :

Hi everyone i was just going for a ride and was going up a long straight road where there are traffic lights half way up, I came to the queue of cars and began filtering as there was no cars coming towards, I was going about 10mph when a women had quickly stuck on her indicator and went to pull into a drive, with this i put the brakes on but they locked up causing me to slide (road was wet) into the car. I cant fukin believe it sorry but thats all i can say. I haven't had my nsr long now and the fairings are all scratched aswell as losing an indicator.

Now the question is do I have a case as I have the womens details bearin in mind there is no damage to her car.

Cheers for any help and past experiences of this kind of accident and the outcome would be mostly appreciated.

Cheers, Paul

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Hi

Not sure, and without witnesses you could be screwed. She did indicate, so it is your word against hers that she did not indicate in time.

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

stinkwheel · Bovine Proctologist Joined: 12 Jul 2004 Karma :

If there is no damage to the car and you have stopped and swapped details, I would keep quiet about it. You were filtering, I was always taught that it is your own lookout when doing this. The car driver will not have been looking for you there and chances are she may not have seen you in her mirror even if she did look.

Sounds like there was minimal damage done, I would leave it be and not involve the insurance companys (you have to declare a claim even if it wasn't your fault).

Chalk it up to experience...10mph over the speed of the traffic on wet roads in a built up area is possibly a trifle too fast. A good tip is to watch both the car wheels and the driver themselves. If someone is going to pull out on you, they will peer round the car in front first and you will see the front wheels beginning to turn out the way, often before they have gone anywhere near the indicators.

At best you would be on very shaky ground for a claim, at worst, you would be considered at fault. The driver of the car probably got as much of a fright as you did and you can bet she will be a lot more thorough in checking her mirrors for bikes in future.
____________________
“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.

ZRX61 · Victor Meldrew Joined: 05 Nov 2003 Karma :

Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

Very unlikely that you could have a case as you were filtering something which is a legal grey area and if something happens when you're filtering it's normally your own fault as you were filtering in the first place.

I don't really see how your damage will be more than a broken indicator 9£15 for a set of after market ones) and a few scuffs to the fairings (something which is likely to happen at some point anyway on a bike used for learning) if there wasn't any damage at all to her car as it would just have been a very very slight impact and the damage caused mainly by it being dropped at a very low speed.

Don't try to get a case as you'll more than likely just dig yourself into problems with the police for filtering.

Andy99 · Spanner Monkey Joined: 16 Aug 2004 Karma :

You're always on dodgy ground if an accident occurs when filtering.
I was told years ago to watch the front wheels of cars when filtering and if you can the drivers steering wheel,this gives you an advance warning of what the driver is doing or about to do.
____________________
Nothing gets the point across quite like a raised middle digit.

Just call me General Crazypaws.

TheShaggyDA · Repost Police Joined: 14 Jun 2004 Karma :

Just to clarify - as you mention "there were no cars coming towards" - were you filtering, or overtaking a stationary queue of cars (i.e. were you on the left of the queue or the right)?

If you were overtaking you *may* have a case, as she was turning right and should have looked in her mirror. If you were filtering then chalk it up to experience, as no-one expects to be undertaken pulling into their drive.
____________________
Current: CB500 Previous: CB100N, CB250RS, XJ900F, GT550, GPZ750R/1000RX, AJS M16, R100RT, Enfield Bullet

[i:6e3bfc7581]But still I fear and still I dare not laugh at the madman...[/i:6e3bfc7581]

carvell · Scuttler Joined: 05 Sep 2003 Karma :

Pretty much as everyone has said already.

If you are filtering, it's all down to you, you chose to filter, someone pulling into you is a risk you have to take. Sounds like you need some more bike experiance for filtering. Smile

____________________
Yamaha TDM 850

yambabe · World Chat Champion Joined: 12 Jul 2004 Karma :

Sorry, posted a reply here to a totally different thread somehow...

please ignore this interruption..... thankyou.
____________________
Sod falling in love, I wanna fall in chocolate. Very Happy

T.C · World Chat Champion Joined: 05 Nov 2003 Karma :

Neoluke · Banned Joined: 23 Aug 2004 Karma :

Ah, something like that is a nightmare to me... When I'm on my moped filtering all the drivers look at me in a mad way and think I'm going to scratch their car even though I consider myself a good rider. If I was to mess up once and do damage to their car I'd feel so stupid and so bad.

Andy99 · Spanner Monkey Joined: 16 Aug 2004 Karma :

T.C
As i recall someone here possibly yourself put a long post on here a while ago regarding the law and filtering stating various cases and where blame was proportioned. Although you're totally correct that filtering is perfectly legal and it's a drivers responsibility to ensure it's safe to manoeuver to say my post was misinformed and utter b@llocks is unfair.
All i was trying to say was that if you're trying to claim through insurance when you're knocked off while filtering it's hard(not impossible) to get 100% of blame put onto the driver.I was not stating that filtering is wrong or illegal just that it's hard to be seen as having no responsibility by insurance companys when involved in an accident while doing so.
____________________
Nothing gets the point across quite like a raised middle digit.

Just call me General Crazypaws.

Born2bVile · Spanner Monkey Joined: 12 Jul 2004 Karma :

Any person performing a manouevre has a duty to ensure it is safe to do so. Merely indicating is a courtesy detail.

If you are travelling in a straight line and a car pulls into your path, they are at fault. There may be mitigating circumstances (bike is travelling at an excessive speed etc) but all this can do is alter the proportion of blame. The car driver is still primarily at fault.

I was knocked off my bike whilst overtaking a line of stationary traffic when a car pulled out of the queue. I was prosecuted and found guilty at the magistrates court of driving without due care and attention.

However I appealed the conviction at the Crown Court. The judge heard all the prosecution evidence and overturned the conviction without even hearing any evidence in my defence.

I was so pleased, I never bothered chasing any damages from the accident. I repaired the bike for £50 and the bruises soon faded.

Cheers,

Byrnie.
____________________
NABD Treasurer
National Association for Bikers with a Disability
Reg Charity No. 1040907

paul · Renault 5 Driver Joined: 04 Jul 2004 Karma :

Well thanks for the responses firstly, I appreciate it. I was overtaking stationary traffic not undertaking , maybe I got filtering confused, sorry. Well anyway I let the insurance company know and it turns out that the women that pulled out in front of me was my mums mates, best mate,

damm.

Oh well atleast she wont lie but I appreciate the comment that I am also to blame but she atleast should of looked. And I know I will get scratches but for a bike I payed 2k for a couple of months ago I don't want to let it go, why should I for starters, the whole left side is scratched. But anyway I will see what happens and thanks again for the replies

Paul

Reevo8 · World Chat Champion Joined: 30 Jun 2004 Karma :

personally, i would have replaced the indicator and kept schtum!!

If you are filtering, it is overtaking, and would you really overtake a car which is turning right? no.

This is the way the insurance company will see it! and if i were you, i wouldnt claim on the insurance as that could mean a loss of no claims, and higher insurance for next yr etc.

paul · Renault 5 Driver Joined: 04 Jul 2004 Karma :

It's not just the indicator mate as I said, well thats just it she wasn't turning right till I got within bout 5 metres or so, she quickly put on the indicator and turned without looking. But surely if theres no damage to her car then my insurance won't have to pay anything meaning I keep my no claims.

Paul

Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

You only lose your NCB if you have a claim against you. You NCB is not affected if the claim was made by you.

It could be worth seeing if she is interested in settling it privetaly, as depending on what repairs will cost it could be cheaper for her to pay that rather than the increased insurance costs from having no NCB and having a claim against her.