my witness is not getting in touch with me or my insurance company... i phoned his work number (he gave me this number) and left a message for him to contact me so I could get the pictures he took with his phone.. quite frustrating...
had a accident this morning :(
- Thread starter wijcc
- Start date
Sorry to be blunt, but can you make such a ridiculous claim? If you pull out in front of someone, and then stop in the middle of the road and the oncoming vehicle hits the side of your car, it's somehow not your fault because you were stationary for the last fraction of a second?
Caporegime
The only way you will win this is if you go to court. Chances are they it will be a split liability settlement.
Personally, I cant see this going to court, they will want to get rid of this on a economical basis.
Not sure if anybody's mentioned this one yet as I was speed reading.
According to the rules for emerging from junctions (http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070332) the OP did everything to comply with the highway code, the biker however did not, under the letter of the law a court should find in OP's favour if his insurance have the balls to take it that far but without being able to contact that witness they may take the easy route
According to the rules for emerging from junctions (http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070332) the OP did everything to comply with the highway code, the biker however did not, under the letter of the law a court should find in OP's favour if his insurance have the balls to take it that far but without being able to contact that witness they may take the easy route
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Another update:
This evening when I got home, I opened my mail to find a letter from the Met Police Traffic Criminal Justice OPU, stating that my accident is the subject of police enquiries. They sent a collision information form for me to fill in (like an insurance accident form). I will phone my insurance company and the police to ask what this is for… as the police were not called when the accident occurred, both myself and the 3rd party stopped and exchanged details. Neither of us were hurt (as far as I know). It seems quite strange to me why the police have become involved now.. nearly 2 months after the date of the accident
This evening when I got home, I opened my mail to find a letter from the Met Police Traffic Criminal Justice OPU, stating that my accident is the subject of police enquiries. They sent a collision information form for me to fill in (like an insurance accident form). I will phone my insurance company and the police to ask what this is for… as the police were not called when the accident occurred, both myself and the 3rd party stopped and exchanged details. Neither of us were hurt (as far as I know). It seems quite strange to me why the police have become involved now.. nearly 2 months after the date of the accident
Don
Might be the biker trying to worm his way out of things?
how or in what way?..
how and why would the police become involved.. they did not come to the scene of the accident.. this is what is puzzling me.. but i will phone my insurance company said and see what they say. And if need be will also call the police on the number given on the letter too.
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Another update:
This evening when I got home, I opened my mail to find a letter from the Met Police Traffic Criminal Justice OPU, stating that my accident is the subject of police enquiries. They sent a collision information form for me to fill in (like an insurance accident form). I will phone my insurance company and the police to ask what this is for… as the police were not called when the accident occurred, both myself and the 3rd party stopped and exchanged details. Neither of us were hurt (as far as I know). It seems quite strange to me why the police have become involved now.. nearly 2 months after the date of the accident
I had the same with a tiny car park bump, other party had told the police it was not my car and i was uninsured
Obv police checked it all but still had to go in
Soldato
Another update:
This evening when I got home, I opened my mail to find a letter from the Met Police Traffic Criminal Justice OPU, stating that my accident is the subject of police enquiries. They sent a collision information form for me to fill in (like an insurance accident form). I will phone my insurance company and the police to ask what this is for… as the police were not called when the accident occurred, both myself and the 3rd party stopped and exchanged details. Neither of us were hurt (as far as I know). It seems quite strange to me why the police have become involved now.. nearly 2 months after the date of the accident
Your insurance company may have done this to get a legal ruling on the driving/riding involved.
As a biker and driver I still stand by my original blame on the biker.
Soldato
Why does the image show you being in the middle of the road (both the main and minor road)
Soldato
40mph filtering = motorbikes fault
filtering past zig zag lines on the wrong side of the road = motorbikes fault
Honestly can't see why he would do that and I'm a biker.
You're both ok, got to go 100% motorbikes fault.
filtering past zig zag lines on the wrong side of the road = motorbikes fault
Honestly can't see why he would do that and I'm a biker.
You're both ok, got to go 100% motorbikes fault.
Very similar situation to me and it was all deemed to be my fault.
I'd pulled out from minor road to major.....
Bike was allowed to "filter"....
Witness statement said I pulled up to the junction noisily and revved the engine? #WTF Like saying I was speeding without saying I was speeding!!!
Have you actually ever driven a 450bhp turbo car with a paddle clutch you stupid bint.. but anyway...
I was quite WTFF too as they wrote the bike off for 16k! Ducati 996 Corse.
All it did was slide along the ground on its fairing for 50yds and put an inch scratch in my bumper paintwork on it's way past.
He actually dropped the bike about 50yds from my car, his body stopped before he reached me but the bike glanced off my spotlight in the front bumper.
The traffic was queuing across me, I nosed out looking left (as I was crossing and turning right into the main road) Just about to let the clutch out fully and look where I am going as view left was clear and I spot the bike coming down the outside of the traffic at a rate of knots. I stop thinking he'll just swerve round me (I'm like, less than a foot into the far side of the road. Instead he jams the anchors on, locks the front wheel and the bikes goes nose first from under him with him faceplanting the deck, along with his outstretched un gloved hands..
Total **** IMO but what do I know
I'd pulled out from minor road to major.....
Bike was allowed to "filter"....
Witness statement said I pulled up to the junction noisily and revved the engine? #WTF Like saying I was speeding without saying I was speeding!!!
Have you actually ever driven a 450bhp turbo car with a paddle clutch you stupid bint.. but anyway...
I was quite WTFF too as they wrote the bike off for 16k! Ducati 996 Corse.
All it did was slide along the ground on its fairing for 50yds and put an inch scratch in my bumper paintwork on it's way past.
He actually dropped the bike about 50yds from my car, his body stopped before he reached me but the bike glanced off my spotlight in the front bumper.
The traffic was queuing across me, I nosed out looking left (as I was crossing and turning right into the main road) Just about to let the clutch out fully and look where I am going as view left was clear and I spot the bike coming down the outside of the traffic at a rate of knots. I stop thinking he'll just swerve round me (I'm like, less than a foot into the far side of the road. Instead he jams the anchors on, locks the front wheel and the bikes goes nose first from under him with him faceplanting the deck, along with his outstretched un gloved hands..
Total **** IMO but what do I know
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Apparently the police attended after I had left the scene of the accident. And got a statememt from the motorcyclist, as far i was aware he drove off on his bike after i left
He stated he was fine when we talked and exchanged details. Grrrrr looks like it is gonig to be another long drawn out process
He stated he was fine when we talked and exchanged details. Grrrrr looks like it is gonig to be another long drawn out process
Well i completed the incident report form and returned it. Today i received a letter from the met police stating:
I have been offered a Driver Alertness Course which if I attend I would not have to attend court but would have to pay for (£182.60 in London).
What do you guys think, which option would you go with.. take the course or go to court?
P.S I will phone the police and ask whether they contacted the witness or not and what evidence they checked.. I stated that I took pics (which are posted in this thread) in my incident form.. and will ask if they would like me to send these to them so they can re-evaluate the case if possible.
I have been offered a Driver Alertness Course which if I attend I would not have to attend court but would have to pay for (£182.60 in London).
What do you guys think, which option would you go with.. take the course or go to court?
P.S I will phone the police and ask whether they contacted the witness or not and what evidence they checked.. I stated that I took pics (which are posted in this thread) in my incident form.. and will ask if they would like me to send these to them so they can re-evaluate the case if possible.
Caporegime
Unfortunately the photos dont prove who left the skid mark
They do not prove you were blind due to stationary traffic at the time, and they do not prove he was on the wrong side of the road when the accident happened.
The only thing that would prove this is an independent witness statement from somebody who saw it.
Did the lorry driver not give one ?
It sounds as though the motor cyclist is painting a picture of riding along the road on his merry way obeying the law and minding his own business and you negligently pulling out in front of him and not looking where you were going.
They do not prove you were blind due to stationary traffic at the time, and they do not prove he was on the wrong side of the road when the accident happened.
The only thing that would prove this is an independent witness statement from somebody who saw it.
Did the lorry driver not give one ?
It sounds as though the motor cyclist is painting a picture of riding along the road on his merry way obeying the law and minding his own business and you negligently pulling out in front of him and not looking where you were going.
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I gave the witness's details (his name and work phone number in the incident form). The witness did not reply to 3 messages I left at his workplace.. whether the police contacted him or not I do not know.
Another lesson for me to learn... take more pics and make sure i am the last person to leave the scene of the accident in any future incidents. As i was not at the scene of the accident when the police arrived.
Out of interest if I am liable/at fault for the accident in the eyes of the police, why is the biker's insurance company offering to go for a 50-50 split???
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