First Motorbike off this morning Insurance questions

memphisto

memphisto

memphisto

Man of Honour
Joined
17 Oct 2002
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Hi,

well had my firs off this morning, coming round a blind left handed bend at about 30mph (60mph NSLRoad) a Land Rover Discovery pulled out of a farm entrance approx 20 Yards infront, claims didnt seem me, I swerve / braked lost the front wheel as it was wet and a little muddy.

Bike went off to the right hand side and I slid up the road and into the rear of the discovery.


no damage to discovery, bike is mangled on the left side and Ive thankfully only got some bruising to my left leg and back.


I know this is only sketchy but i have taken pictures of the scene / video of the S bend leading up to the blind corner etc, but where would I stand on his being a fault non fault claim ?

anyone got any ideas / advice ?
 
insurance details to come hes ringing me later, it was his mrs who did it on the school run, and i is exactly as i said, it is a left bend and only 20 yds max as I paced it out after being to A&E, did ring the police but they said it was a matter to do with the insurance company as no major injuries,

this shows the farm i was coming from the right hand side you can see the farm exit just

theres a kink in the road on the e for nettlebed lane, thats basically where i can see from on my bike, im coming round that corner when the discovery came out of the farm entrance, i saw her pull out, but had no time to react in a way to avoid the collision.

fromt the scale its roughly 50 Feet

http://maps.google.co.uk/maps?f=q&s...9536,-1.807498&spn=0.001751,0.002827&t=h&z=18


this is the road im travelling from the one off to the bootom right is where i came from

http://maps.google.co.uk/maps?f=q&s...9536,-1.807047&spn=0.003501,0.007457&t=h&z=17

this is a much tighter road than it looks but as you can see the accident happened on the last turn of the S bend
 
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that is true :(

well been on the phone to the insurers, haven't put a claim in deciding what to do,

bike is worth maybe £600, got a £200 excess, the bike will be written off as it needs fairing, indicators footpeg etc.

leg is aching and noticed bruised ribs now as the painkillers from hospital are wearing off.

insurers said more than likely 50/50 although how it can be my fault at all is beyond me but they said she would claim i wasn't driving for the road conditions, she didnt see me, i was going too fast etc etc.

really dont know what to do. i dont want the bike written off as its 23 years old and ive spent a lot of time and money restoring her, but if i dont claim ill be out of pocket by about £800-1000 that I dont have.
 
I would push and push that 50/50 is not good enough, you did absolutely nothing wrong, surely people can hear a bike coming so it is almost certainly entirely the fault of the person pulling out on you.

If they had their stereo on full blast then again they are fault. Make sure you get any photo's you have taken of the scene to the insurers to prove your not at fault and it was theres.
 
MadMossy said:
I would push and push that 50/50 is not good enough, you did absolutely nothing wrong, surely people can hear a bike coming so it is almost certainly entirely the fault of the person pulling out on you.

If they had their stereo on full blast then again they are fault. Make sure you get any photo's you have taken of the scene to the insurers to prove your not at fault and it was theres.
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thanks for the advice.

I've fired off a email to bike lawyer this morning for some advice and booked a doctors appointment to have my rib, and now aching back and shoulders checked over so I'll just see what if any advice is given before i go further.
 
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MadMossy said:
Is the road in question busy at all ?

Or is it like most country lanes, 1 car an hour at most. If its the latter then chances are they just pulled out without looking because there's "never any traffic!"
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no busy at all definitely a country road. I dont think she looked otherwise she would have stopped rather than continuing her maneuver onto the road and onwards.

at any point if she was looking she would have emergency braked, she didn't.
 
well guys a year afte the incident, developments abound.

her statement apparentyl reads she was well clear of the accident saw me come off in her rearview mirror and kindly reversed back down a main road o help me out.

as there really are no winesses it seems shes concocted the perfect denial.

really not sure where i stand now as her lying statement is hard to get around.
 
MadMossy said:
I would push and push that 50/50 is not good enough, you did absolutely nothing wrong, surely people can hear a bike coming so it is almost certainly entirely the fault of the person pulling out on you.

If they had their stereo on full blast then again they are fault. Make sure you get any photo's you have taken of the scene to the insurers to prove your not at fault and it was theres.
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it will have gone 50/50 as he claimed it was your fault

basically without any independent witnesses, cases like this do go 50/50 because there's no proof whose version of the story is correct.

I don't think you can do anything much to appeal tbh :( Happens all the time that people lie to cover their own ass. Think all you can do is just move on and write it off as one of those things

Look what happened to Rotty when he tried to appeal. Despite compelling evidence to the contrary he lost the court case.
 
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It's a shame there wasn't any damage to the back of her vehicle or paint from it on your leathers/textiles as you'd have a stronger case then though she'd probably say you just drove in to the back of her.
 
All you can do is stick to your story and hope to go 50:50. Without a collision between the 2 vehicles you are always on iffy ground with a denial.
 
Surely the very fact that they gave you insurance details would implicate them having been involved and not just as a 'helpful bystander'?

"Oh I saw that, are you ok? Can I call an amubulance for you? Need a lift? Strong drink?" maybe but "here, have my insurance details"?
 
Dano said:
Surely the very fact that they gave you insurance details would implicate them having been involved and not just as a 'helpful bystander'?

"Oh I saw that, are you ok? Can I call an amubulance for you? Need a lift? Strong drink?" maybe but "here, have my insurance details"?
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I think this is a good point to stress to be honest.
 
Dr Who said:
All you can do is stick to your story and hope to go 50:50. Without a collision between the 2 vehicles you are always on iffy ground with a denial.
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Dano said:
Surely the very fact that they gave you insurance details would implicate them having been involved and not just as a 'helpful bystander'?

"Oh I saw that, are you ok? Can I call an amubulance for you? Need a lift? Strong drink?" maybe but "here, have my insurance details"?
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I think its past that point now. Its been over a year.

If "but she stopped to give details" was enough, it wouldn't have gone this long.
 
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