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Had first bike 3 months - first serious crash

Discussion in 'Biker's Cafe' started by britboy4321, Feb 22, 2010.

  1. Fireskull

    Sgarrista

    Joined: Oct 31, 2006

    Posts: 9,657

    Location: Eastleigh / Winchester

    Meh I would fight it to the bitter end lol, People must have stupidly bad perception of speed, its still pretty obvious to tell if someone is slowing down to turn or not for a junction, idiots just don't look, FACT, be that a car or bike, ive actually noticed it more since driving more than I did on the bike.
     
  2. growse

    Soldato

    Joined: Oct 18, 2002

    Posts: 7,139

    Location: Ironing

    Surely if you pull out of a junction and cause other traffic to hit you, it's always 100% your fault, waving / flashing or otherwise?

    Is there any way you can convince your insurance company to fight the whole way? Maybe it's worth adding the extra claims on top (phone, injury)?
     
  3. Datamonkey

    Soldato

    Joined: Jan 21, 2003

    Posts: 6,713

    Location: Kempston - Bedfordshire

    Your very lucky,

    If you'd cliped the curb or gone into it, it would have been very different even wearing all your protective gear.

    My father marshals the Southern 100 and the TT and other meets which occur on the IOM circut so hear about alot of accidents and such.

    Very lucky mate.
     
  4. jaybee

    Mobster

    Joined: Jul 10, 2008

    Posts: 4,937

    I am absolutely raging inside for the OP because people like this make me sick. I have had it twice in my life with people hitting my car. One took a year from start to finish to sort out and eventually the claim went my way when the scumbag went silent for 2 months too long and it defaulted to me winning claim. The other one is in progress and I have a witness to the event but he's stalling his insurance making it take the up most time possible and is claiming I was "going too fast". I basically made a right turn whilst he decided to pull out into a main road tagging the back rear quarter of my car. People are absolute ****s with this kind of thing thinking they can get away with it. I'm starting to think that the only way to sort this kind of thing out is the old fashioned way with plenty of mates off the record.

    I would absolutely as a matter of principal never take 50/50 and state that you are willing to go to court over it. He'll back down like they all do. You will 100% win this if you stick with it. He hasn't got a leg to stand on, and you are lucky that you do... see what I did there ;)
     
  5. SKILL

    Soldato

    Joined: Oct 18, 2002

    Posts: 5,699

    Location: Melksham

    I'd fight it, tell your insurance company that you DO NOT accept any liability, afaik it's not up to them to determine liability, they can suggest you accept partial liability but it's still your decision. If you don't accept liability the only people who can determine that without your approval would be a magistrates court.

    Although, I'm not a lawyer so I may be wrong on that, however if your insurance company refuses to fight on your behalf then it might be worth getting yourself some legal counsel.
     
  6. Mucky_Pup

    Mobster

    Joined: Jul 21, 2008

    Posts: 4,686

    Location: Hebburn

    If it went to a court I would of thought, his passengers statement would be rejected, as would the the supposed flashing and waving.

    But don't quote me on that, I ain't a motoring lawyer, I'm a maintenance engineer, lol :p
     
  7. Sin_Chase

    Capodecina

    Joined: Jan 13, 2004

    Posts: 20,535

    Top marks but...almost as camp as a guy in a Micra :D:p
     
  8. sigma

    Capodecina

    Joined: Nov 13, 2006

    Posts: 17,814

    What a ****! :mad:

    Are people allowed to change their statements once they've handed one in?

    As above, signaling to let someone out isn't allowed by the law? If say you got cramp and had to move your arm, that wouldn't just mean that any Tom, Dick and Harry could just move out - the onus is on the driver to make sure that it is safe to move out.

    I wouldn't have thought that statement would stand up in court (again no expert here). Be sure to fight the lying ****er.
     
  9. spp

    Hitman

    Joined: Nov 15, 2006

    Posts: 549

    Location: North West

    Gutted for you. As people have said, fight it. He crossed your path while you were going straight on, therefore it is his fault, regardless of whether you 'flashed your lights'. In fact I can't believe your insurance company are happy to accept a 50/50 deal.
     
  10. dannyjo22

    Caporegime

    Joined: May 9, 2005

    Posts: 30,738

    Location: Cambridge

    I thought you said in the OP a copper saw it all?

    Also

    "Micra pulls out directly in front of me for no reason, I didn't even have time to swerve. My front wheel hit the car so hard it went through the numberplate and grill and into the engine compartment somewhere"

    If a car pulls out directly in front of you how did you hit it in the front enough to have your leg hit his windscreen. How did you not hit the side of the car?

    I'm not doubting you I'm just trying to imagine how the insurance company are viewing your position on the road.
     
  11. britboy4321

    PermaBanned

    Joined: Dec 10, 2008

    Posts: 4,080

    Location: London

    The car was already slightly facing right at the give-way .. then he turned right straight away meaning he was already maybe 35 degrees right when I hit him .. he didn't come straight out .. he actually turned into me whilst doing a kind of wide-arc into the left hand lane!!! If you get me.

    I did a superman over his bonnet and my left leg kicked his windscreen on the way past.

    The policeman was actually a 'community support officer'. I got his shoulder number. The car driver said on the record to him 'it was 100% the car drivers fault I admit it was my fault'. He also saw and heard it (I didn't bother with other witnesses therefore -- open and shut case?) When I phoned the station when car driver started lying, so I could speak to the officer, they said that the community officer did not want to make any comment on the incident and would not unless forced to a courtroom - he would definately not say ANYTHING AT ALL WHATSOEVER with regards to any call from any insurance firm, would just answer 'no comment' to everything. He wouldn't speak to me personally, but stated through his colleague that he had made no record whatsoever about the entire incident and could remember nothing and saw it as a 'private incident' and can't remember anything that was said or happened!! :(

    Trust me, it's a horror show ... it's going to go to a 'knock for knock' which means equal liability :( Everyone is saying it now :( My insurance is going to pay 50% of getting HIS car fixed up ..

    I think the community officer is afraid of the expectations on him if he gets involved in this incident, is scared of dealing with something semi-serious rather then showing old biddies the way to the post office :( believe it or not :( I'm not sure exactly what he expected when he took the role on , but now he's legging it away from the whole thing as fast as he can. I don't know what's going on ... I'm getting screwed though. And to think, I did nothing wrong, and I could have died :(
     
    Last edited: Feb 25, 2010
  12. Felix

    Mobster

    Joined: Jan 25, 2003

    Posts: 2,702

    His mate is not a witness, they are discredited as they know the chap and could make up any story, and they have. Fight it!
     
  13. Lakeland

    Soldato

    Joined: Nov 1, 2005

    Posts: 5,443

    Your insurance want it to be 50/50 as it will potentially be much cheaper for them than fighting it with lawyers. Same with whiplash, they always pay out because it is cheaper than pursuing.

    The driver of the car pulled out on you - Fact
    The driver of the car said he pulled out because you signalled him to - No evidence and if there was, as mentioned previously, the signals you are reported to have used are not an excuse to pull out on someone.
    I think he and his insurance, who will be trying every trick to pay out as little as possible are playing on the fact they think you are a new rider. I would suggest you get a reference from your training instructor to back up your biking competence.

    Remember, he drove across your section of road, it was his error of judgement that caused the crash.

    Tip for the future, where possible, try to eye up drivers in junctions. a large % of the time you can "tell" when someone is "getting ready" to pull out.
    When you get closer, eye up their front wheels, it is very easy to see if a driver is starting to move by doing this!
     
  14. dannyjo22

    Caporegime

    Joined: May 9, 2005

    Posts: 30,738

    Location: Cambridge

    Ah ok I get you now, I'd want to fight that tbh and that community support nobbler should go do something else with his time.
     
  15. End Creditz

    Wise Guy

    Joined: Apr 8, 2003

    Posts: 1,044

    Location: NFA

    Very true. I was a passenger in a mates car who was t-boned by a plank whose insurance company wanted me as a witness for the prosecution but my mates insurance company just ignored me. I didn't give them what they wanted and the police ended giving my mate points for driving without due care etc. Absolute joke the way this system works and unlike the micra drivers mate, I wouldn't have lied about what happened :(
     
  16. Wyvern971

    Wise Guy

    Joined: Oct 6, 2004

    Posts: 1,921

    Location: London

    Contact this guy NOW, he has helped a lot of folk on PH out, I wouldn't take 50/50 for that at all.
     
  17. sigma

    Capodecina

    Joined: Nov 13, 2006

    Posts: 17,814

    Do this! ^^^
     
  18. growse

    Soldato

    Joined: Oct 18, 2002

    Posts: 7,139

    Location: Ironing

    You could claim that your full-beam headlight doesn't work (take out the bulb), so it's impossible for you to have flashed him ;)
     
  19. Wyvern971

    Wise Guy

    Joined: Oct 6, 2004

    Posts: 1,921

    Location: London

    Or ask how you could flash him whilst fully kitted up ;)
     
  20. Griffo

    Wise Guy

    Joined: Oct 9, 2005

    Posts: 2,084

    Location: Berkshire

    Oh my word, it never ceases to anger me when I read this stuff. As others have conjectured I'd have thought - perhaps if you have legal cover or whatnot - you can take it as far as you decide.

    And when you get the new/repaired motor install a camera and mic hookup for your lid! This is definitely on my shopping list.