Help needed, crash

[scott306]

hello, i was filtering down the side of villa park last night and i was side by side a car as he decided he would just pull out without signaling or looking in his mirrors for bikes so he pulled out smashed the side of leg into the panel of my bike which is crushed and dented the side of his car my leg is bruised n might be fractured, i am just wondering whos going to be in favour insurance wise.

i was just behind when he started pulling out he hit into the side of me luckily i kept bike up n turned with him, i was filtering (will this go in his favour) etcetc, all help is appreciated.
thanks in advance, scott.
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aprilia 250

[steveh]

were were u filtering? at traffic lights? what speed? what conditions? did he pull out fast and hit you? or were u going along like a bat outa hell and moe into him


Steve
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Current : 06 Zx10r, 07 Wr450f SM, 74 850 norton commando, 63 bsa b40, 1962 Triton 650, 67 Triumph Tr6r, 1955 Triton 750, 1978 TY250E.

[scott306]

it was stand still traffic i was filtering at about 15/20 mph luckily he jus pulled out without looking and hit the back /side of my bike n pushed me onto wrng side of road he must of thought ah i cant be bothered t wait in this traffic, ill jus pull out because nothing was comming go down the road on wrong side of road and then turn right, (the turning was about 200 yards down road) so he was overtaking and smashed into me..
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aprilia 250

[Kickstart]

Hi

While it may be held against you if you were filtering past a junction, this does not apply here if he was heading up the road. As far as I understand it he should be held to be 100% at fault and you should get a full pay out.

If you suspect your leg is fractured then go to the hospital.

Also if it is a personal injury accident (which it will be treated as if you go to hospital) then you must inform the police (legally as soon as possible, and within 24 hours at most). You should also tell the other driver as he will need to report it to the police as well in the same time period.

All the best

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

[tintin]

I hope you got all his details?
Call your insurance company for a claim form unless he wants to settle with you.
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The older I get the better I was

[headlamp]

Your claim will depend on whether you were filtering within the white lines or whether you had crossed them. If you are within them then it is likely you would get 100% of your 'uninsured losses' and claim. Equally if you were not 'visible' i.e. dipped headlight, flourescent jacket, his insurance company could claim 'part negligence'. The police will tell you that 15mph is the absolute maximum when filtering in stationery traffic, although we all do differently!

As Keith said I'd definitely report the incident to the police as they may wany to prosecute him for driving with undue care and attention, or careless driving, particularly as he was going to go 200 yards down the wrong side fo the road. I'd write down everything that happened before speaking to then - don't exaggerate, but there's nothing wrong with a bit of embellishment!
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Using a mobile phone while driving a car should be made a capital offence!