Fiecos Dan

what a bad couple of weeks.


i went to turn right into my work, and bang, a motor bike went into my rear wing/ drivers door. i did look in my mirrors, before i went to slow down, but not before i turned.

He sed he saw me slow down, but no indicators, but my indicators were still on after i got out of my car,
But a bloke in car behind (who the bloke knew) said he didn't see my indicators.

He was un hurt (luckerly) but damage to his bike was broken fareing, and sctrached crank cover.

Mine needs a new rear wing, door and body kit.

Just got a phone call off the bloke's wife, and she sed how do i want to pay for the damage????

i sed its not my fault,

So its down to insurers now,



i spoke to a few people, and they say its not my fault, but where do i stand??

As if i loss my no claims, its the end of insurance on the cossie...


Edited for pic's

Wazzzer

sounds like he's tried to come up the inside to get past you quickly so would be his fault IMO

vroooom ptssssh

If you rindicators were definately on, then it's clearly his fault!

Did you call the police as their wasnt an agreement on who's fault it was?

The DIVA

iTrader: (3)

put it in the hands of a solicitor mate....

Phil

iTrader: (1)

It is all down to whether you indicated IMHO and the only witness says you didn't indicate... Unless by overtaking you he was speeding?

Damo V

Sound like he has tried to go up the outside of you yes?

Did you take any pics of the scene?

Was there a white line in the road? If so which side was he when he hit you? If he was on the wrong side of the road I would say he was bang to rights, up to him to be aware of cars turning right if he overtaking IMO

IF there wasnt a white line it my go knock for knock

Surely your car a write off now though???

Fiecos Dan

No police were called as both were late for work,

we took photo's, swapped names and addresses and phone number.

he rode off, and i drove off.


i spoke to a 2 bloke's who ride bikes at work and they sed, its his fault.


But he has a witness ( but they know each other.)

Damo V

I've had this before, plod will only attend if there is a serious injury, road bloked or third party fail to stop...

The DIVA

iTrader: (3)

Thats bollox,he should have been watching your brakelights and realised you were slowing down,I never overtake a vehicle slowing down for this reason.....

Damo V

Wouldnt worry about that, go back to the scene same time next week, find yourself a witness if necessary

Rich_w

Speaking as someone with a Bike Licence.

It sounds like Riders fault for overtaking a car that was potentially turning. Most decnt riders dont tend to overtake if they aren't sure what the car is about to do. And slowing down near to an entrance suggests you may well turn in.

And it will be said that you weren't indicating (regardless of whether you were) so will go 50/50 blame I would guess. Simply because Insurance companies are stupid with payouts. And will rather settle this quickly than rightly!

As an indicator an Insurance co recently paid out a massive amount (think in the Millions) to a teenager that "ran out in front of a car" and ended up paralysed. Which I cant say is entirely the drivers fault! So why pay out at all! And just think how the drivers premiums will rocket for something that isnt really his fault!

Fiecos Dan

Yeah the road had white lines,

and he was on other side, ( but guess not by much)


The thing i thought was odd,


He sed he saw me slow right down ( 40 mph road) when we hit i was doin 10 ish mph.

But if i was behind, and a car in front slows down at a junction (no one in front of it) and no traffic comin other way, I wouldn't over take, even if i didn't notice indicators.

The DIVA

iTrader: (3)

Get an accident solicitor on the job mate,they will sort it out and won`t cost you anything.......You will have a consultation and if he doesn`t think you will win he will tell you...

Damo V

Do you have CLEAR pics of your car ON the white line at the point of impact?? I mean did you move to the side then get out to discuss or get out as soon as impacted??

If you are clearly stopped ON white line where he has hit you, I cant see how he can prove your fault, its his responsibility to ensure it is safe to cross onto the wrong side of the road.. this is in the highway code..


BTW these things come in threes

Damo V

If you took out the option of Legal cover when you took out your policy, they will fight the case for you, but ONLY if THEY feel there is more than a 50% chance you will win.... if not they wont bother and it will go knock for knock

vroooom ptssssh

Oh, if you've got smoked lights or anything at the back of the car, then get them changed to std unless he's alredy taken pics of the car

Fiecos Dan

i got out as soon as happened, so car was still in other lane, but as soon as i got the bike off him, and put it to one side, i moved car, before exchanging details and taking pics.



Its happened in 3's, 3 weeks ago someone went into back of my xr2, but he paid for damages. and you know about my problems at work.

Fiecos Dan

They are smoked lights, but have gone thro MOT for over 6 years, and lots of police stop's over the years, with out any problems. But dont forget on Xr2's they have a red reflectors built in bumper.
are these illegal then??

And yes pics where taken.

mk2rstaff

that is his fault mate hands down its just what you see is not what your going to get, try get a quote for fixing the twats bike and see if it is worth losing your no claims and cos for the sake of it, it seems like a big shat sandwich there mate and your gonna have to take a bite to save your cos

graham c

iTrader: (5)

sounds like his fault matey i wont over take a car untill hes turned coz thats wot happens if you do and i ride a bike

Fiecos Dan

i've been brought up to always look hard for motorbikes when pully out of a junction, As my old mans, always had Motorbikes.

He's got mates who he wont/dont like to ride with (stays behind them at his pace), as they go to fast on the road (in his eyes for road conditions, but he has been knocked off a few times)

And he's a trackday warrior, in fact he gets paid as a instructor at Lydden Hill, so not a old boy sunday rider, on a R1

Fiecos Dan

Just spoke to the bloke, and its going thro insurances.

He seems a nice bloke ( about 35-40 years old) and thank'd me for helping him,
He sed he wasn't hurt, accept a graze on his elbow. which is good.

Fil

thats a fucker, hope it goes in your favour, sounds like hes trying it on, or his wife is for him, he sounds a bit spineless to me

ebit

Probably go 50/50, he shouldn't have passed but you should have checked your mirrors before you turned.

Fiecos Dan

So does 50/50 mean i loose my no claims?? i would of thought yes.

tregmatt

iTrader: (3)

yes i think if it goes 50/50 u will losse the no claims

graham c

iTrader: (5)

mite only loose 2 years,i think thats wot they take off you but if its his fault your ok

stevedohc16v

I've had exactly the same accident and it was settled in my favour, the biker was said to be at at fault

Steve

James-W

Fuck me mate your not having a good month are you.

Hope it gets sorted out asap.

Fudgey

iTrader: (4)

you should have took pics before picking the bike up off the fukka

i would have

it does sound like he was in the wrong tho mate, so fingers crossed eh

Damo V

Surely only if you actually claim for your car?

Fiecos Dan

Well. everyone i've spoke to now, all say its his fault, lets just hope the insurance does.


If i loss my no claims, i'm gonna wished i payed for his damages and fixed my car my self,

Alg1k

iTrader: (2)

just get one of your mates to say he was a witness and saw you indicating

Alvyn

iTrader: (1)

If i loss my no claims, i'm gonna wished i payed for his damages and fixed my car my self,[/quote]

hard one to call m8, you may find that insurance may well write his bike off due to price of fairing parts what bike was it?

Fiecos Dan

Suzuki, GSxR 600 on a P plate

pee vee

this exact thing happened to my sister a few years back.

Just because the guy behind didnt SEE you indicate, Dont mean you were
not!! (and you know you were)

Stick to your guns mate, the guy was in the wrong and you all know it!!

hope you get it sorted.

as long as you insist you looked in your mirrors, and were indicating
(and make it know the witness is a mate of the bikers! lol)
then you should be ok.

Fiecos Dan

Thanks mate.


With post up pics tonight.

Eagle

iTrader: (2)

so if the bike was a car .....

whose fault then ????

surely its down to the vehicle behind to be aware of whats going on in front of it ???

if you had dropped from 40 down to 10 then its fairly obvious that you were gong to do something .. and by his own admission he saw you slowing ..

how can an insurance co say its 50/50

if you have an accident by hittng someone from behind how you gonna say its half their fault for slowing down ???

thegrimreaper

i am a learning biker and in the theory test it says if u r approaching a junction and the car is in front of you you should not over take until clear of the junction or words to that effect so i would say he is in the wrong, i am still waiting for my motorbike accident to be settled so i would be prepared for a long drawn out affair, its been 18 months since i got it and have hardly heard anything! and i got hit on a roundabout i was already established on when i was hit by a speeding audi tt! probably wouldnt have made much difference if the police did turn up! they turned up to mine! i was laid out on the floor and put into the back of the ambulance! the police didnt take witness details! they said it was down to me to record them! hows that sposed to work when i am in the back of the ambulance! anyway thats my piece!

Andy