Motorcycle Accident

QUGAELITE

QUGAELITE

QUGAELITE

Associate
Joined
28 Jun 2017
Posts
89
Hey Guys,

I was involved in a Motorcycle Accident with a car on Thursday which resulted in my bike being significantly damaged and the car to have a “minor” scuff on it as well as slightly moving the bumper down due to impact.

I was travelling behind a 2007 BMW 118d when the woman driving suddenly slowed down and indicated last minute to turn right. Me being on a motorcycle due to the change of pace so quickly I was within the speed limit and had to emergency stop in order to avoid crashing however this didn’t go as planned as my front wheel locked up just before I stopped around 5mph causing me to clash with the rear of the car and causing my bike to shatter the engine casing as well as few various bits on the bike. The bike is fixable just at a cost of course but the lady is adamant it’s my fault. I don’t feel it was but I know the law of “rear-ending” someone always goes in the favour of who was rear ended. The damaged on her car is minimal and unfortunately I’ve came worse of with a broken foot and a wrote-off motorcycle.

The ladie again is adamant that it was my fault although I was in her blind spot and I do not ever recall her checking her mirrors or following the procedures of making the turn safely as I know you are supposed to Mirror, Signal, Mirror, Manouvere and I didn’t see her check her mirror once but not just while she was taking the turn she hesitated, brakes and slowed even though there was no traffic oncoming causing me hit her.

I’ve never had an insurance claim before but there was a lady behind who instantly stuck up for the other lady stating it was my fault but gave no reason why it was my fault. It was a bright sunny day and I never seen the ladie even indicate at all until the last second and instantaneously made the turn without checking her mirrors or blind spots!

I received a text from the woman yesterday stating she’s happy to not go through insurance if I’m willing to pay for the damage done. Anyway, she got a quote and stated £550.61 to be exact which I think is extortion and she stated that will be the “cheaper” option then going via insurance for the amount of damage done. I’ve spoken to a friend who has a similar BMW although newer he has a 2011 BMW M5 and he told me he reversed into a tree. He stated he got a whole new bumper for the “M5” for £370 and that was in the colour Alpina White. This lady has the standard Black variant where I have searched online also and have seen so many going for £200. But anyway I don’t feel I am fully to blame and if anything she is also to blame for not making the checks needed before turning a corner as a motorcyclist I always ride with great care and attention as I know my life’s on line if I make a mistake.

Any advice at all? I’ve never had to go Through the insurance before and I’m covered via Third Party, Fire & Theft Policy.
 
100% your fault. You need to learn some defensive riding skills. If it was a child that had ran out infront of her and she did an emergency stop, you would have still hit her. Leave more room and know both your own and your bikes abilities. You should be expecting people to do this, an pull out in front of you, and try to crash into you at all times. This should have been taught during your training.
 
Yup should have left more room I'm afraid. Especially so as a motorcyclist because you're never going to win in a fight with a car.

As for the damage just go through insurance. Much easier all round and as it was them who suggested it first they probably have some reason not to want to do that.
 
I'd cough up as it is your fault. If you claim on your insurance you'll probably suffer loss of no claims bonus for years which will add up. I suspect though that your insurance will state you have to report any accident even though you are not making a claim. However ask her to get another quote to confirm from somewhere you know. Was the price from a BMW dealer?
Andi.
 
Sorry to hear you were in accident, hope your injuries won't keep you out of work.

Not an expert on these things, but, it sounds like you are in the wrong here. See you have to leave enough room between you and the car in front for you to safely stop in case of an emergency. She turned suddenly without warning, so annoying when drivers do this, but, that's why the rules are there, to leave enough distance. Think about a situation where her engine might have cut out, you would have still hit her and it would still be your fault. And you did say that your wheel locked up, so that's not really her fault.

Can't comment on the repair cost. Maybe you could ask her to get a second quote from another garage and to send you the quote too so you can check out the price at your local garage?

Sorry, I know it's what you wanted to hear.
 
yes - consider what your premium increase maybe in comparison to the repair costs ? - maybe even put that argument subtley to her too wrt quote, since her premium will increase too.

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QUGAELITE said:
I was in her blind spot and I do not ever recall her checking her mirrors
Click to expand...
being in her blind spot (wide angle mirrors on bm I imagine) and close enough to see a mirror glance is close
]
 
Technically I wasn’t actually behind her, I was rather to her right side slightly just on the left of the central line. There was more than a car lengths between me and her and she’s kind of came across my path to make the right turn if that makes any more sense? Such as her right mirror is directly in line with the centre of my bike so when she’s gone to make that turn I was then in her blind spot when she slowed suddenly from 30 to 5mph and indicated last second. I understand people may seem and feel I was in the wrong. I have only been insured with my insurance company for 9 months and my motorcycle for the year to insure is only £400 and I have 0 years no claims but have 4 years riding experience due to change bikes and cancelling insurances which stated in losing my no claims etc. So I believe the cost in what my insurance may increase by won’t amount to more than what she’s asking? I’m uncertain of what the increase would be but than again I’ve only ever been in an accident once where I didn’t claim where I was travelling at 40mph on a 40mph road and a van side-swiped me but my bike was hardly damaged strangely yet a 5mph impact wrote it off this time around!
 
You didn't leave enough braking distance, end of story.

Its your fault and the insurers will rightfully find it so.

Either agree to go through insurance or agree to pay for the damages out of your own pocket. If you do this, ask for a copy of the invoice to pay.
 
I’m currently awaiting her to confirm damages to her bumper and send me pictures across which I haven’t heard from her since Friday so far so awaiting on that information from her so I can discuss further of what the next steps are but I know if I was in her position and the damage I visually witnessed on the day was only a minor scuff from my front fender which is made of plastic but again the woman cared more about the scrape (Which I don’t blame her we all love our pride and joys) than she did me laying on the ground in pain with a broken foot.
 
She needed to turn and while she may have decelerated faster than you would have liked, she also needs to be aware of what is happening in front of her and on the road which she wants to turn. On top of that she was contending with a motorcyclist who was driving so close that they were unable to avoid her as she slowed. Have you considered the possibility that she indicated late and slowed rapidly because she may have been preoccupied looking in her rear view mirror at you tailgating her?

I know it is irritating but just view it as a lesson learned. You are unhurt and will ride more cautiously in future. £500 also seems like a fair price given the £200 you quote is presumably excluding labour to fit.
 
How you can begin to think this isn't your fault is staggering, pay the woman to fix her car, which you have damaged because you can't drive/ride competently. After that, maybe pay for some refresher lessons, sounds like you need them or it's just a matter of time before you hit someone else.
 
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