pilninggas Posted August 14, 2009 Share Posted August 14, 2009 real piss£d off, got knocked off today; riding round the roundabout underneath of J25 of the M5 at taunton this afternoon, in the middle lane doing maybe 25-30, when a car sat in a queue in the lefthand lane pulled straightout and into the side of my bike (the tdm850) and me. Initially my leg and foot get crushed between the car and my bike, then the bike topples over and i hit the deck. momentarily pass out and then jump out of the way of the lorry that was behind me as clearly stopping at the scene of accident is too much for him. Car seems to drive off, i think he had second thoughts when he saw a biker waiting for recovery (it turns out also from brizzle) and stops little past the junction. Guy who knocks me off seems to think it was my fault, saying i am too fast and was in his blind spot; actually i was going quite steady and surely he should have looked properly. biker waiting for recovery lifts bike up and calls an ambulance for me. car driver who knocked me off seems keen to get on his way and badgers me for my details, i just felt too shitty to say. anyway taken to hospital (musgrove park), given the all clear - tho i can barely walk on my foot - and get a taxi back to bike so it can be recovered by RAC contractor, wait 3 1/2 hours from first phone call to rac to being recovered. sat down now with a brew..............totally fed up, love bikes, but feel like iv had enough, 2 accidents in 6 months neither of them my fault, is there any point bothering? Link to comment Share on other sites More sharing options...
up.yours Posted August 14, 2009 Share Posted August 14, 2009 YES Link to comment Share on other sites More sharing options...
Moderator Airhead Posted August 14, 2009 Moderator Share Posted August 14, 2009 Sh*t not again, are you ok? any witnesses in your favour, that blind spot stuff is just nonsense how can that be a defence? your confidence has obviously taken a knock, whats the damage to you and the bike? Link to comment Share on other sites More sharing options...
Moderator drewpy Posted August 15, 2009 Moderator Share Posted August 15, 2009 bloody 'ell mate!! at least your not seriously hurt. I think the risk of riding a bike is outweighed by the sheer fun and the feeling of being truly alive. I had a serious accident in '92, arm in peices and a cracked spine. but I came back into biking cause I missed it too much, abet i don't bike to commute just to have fun. you'll be pissed off/depressed now, so don't make any rash decisions! drewps Link to comment Share on other sites More sharing options...
jamax Posted August 15, 2009 Share Posted August 15, 2009 some clouds can have a silver lining, this is from a another site I hope you are healing quickly, I think my arm is it itches like hell and everyone says its the bone knitting together. Anyway the woman that knocked me off my cbr has admitted full responsibility and her insurer swinton have made me an offer for every thing that i claimed for such as 1998 cbr 600 written off, satnav, leathers, gloves, helmet, boots, mobilephone, gold necklace and braclet chains, 2 rings, intercom unit, and replacement bike alarm system for my next bike. I must admit i didn't have all of that gear on me at the time but what the hell she knocked me off and i would have claimed lost earnings if i had a job but i havn't at the moment The offer is for £11750 so i have accepted it and i have offered the insureance company £70 for my bike which has been accepted and i will collect it next week. It needs some new plastics and the engine is is cracked but i have 2 engines and loads of plastics in the workshop all i need is a respray. In a way i'm glad now that it happened coz the cash will be handy and i can rebuild the bike once my arm is healed. claim for everything goodluck... Link to comment Share on other sites More sharing options...
pilninggas Posted August 15, 2009 Author Share Posted August 15, 2009 no witnesses, my insurance company said unlikely to prove other party 100% at fault without witnesses. tpft, so looks like im gonna be well out of pocket....gutted. Link to comment Share on other sites More sharing options...
Gas up - Let's Go! Posted August 17, 2009 Share Posted August 17, 2009 real piss£d off, got knocked off today; riding round the roundabout underneath of J25 of the M5 at taunton this afternoon, in the middle lane doing maybe 25-30, when a car sat in a queue in the lefthand lane pulled straightout and into the side of my bike (the tdm850) and me. Firstly, what did the police say when they arrived ?? As someone was injured then the law says they must be informed within 24 hours (unless there are mitigating circumstances why this could not happen). Failing to report an accident is an offence. Any Traffic Officer would be able to reconstruct the scene, and predict the majority of blame from what was there (skid marks, impact points on the vehicles, where the bike comes to rest, road debris etc etc). You may wish to tell the police you want him prosecuted for careless driving, do this in writing - it' won't get you anywhere but they will be obliged to investigate it, and it may well help your case. Secondly, did he admitt to anyone that you were "in his blind spot and therfore it's your fault" ?, despite what your insurance company say, it it the drivers responsibility to ensure it it save to procceed, YOU are not aware what his blind spot is, it is HIS resoponsibility to know this and ensure that it is safe to procceed by checking it BEFORE carrying out a lane change. Take no notice of what your insurance company says, none of them are interested in 'other fault' acidents, unless you are talking about big £££'s as you are TP then they have nothing to win by having an opinion, and if they allow the car driver to claim they'll get it back from you in the years to come... You should contact the police and (even if you have his full details) request them from the police, state that you were dazed and you need to check them. Then you can either take up the case directly with his insurance company, or speak to one of those 'accident management' companies - some are good lots are bad, or fix it yourself and nail the bastard in court for the repairs to the bike and yourself.... I would go with a claim directly against his insurance, but you need to understand the law on this, and make sure you take pictures of the scene (even now, just of the road surface) and the impact points of the bike, quote the Higway Code. You case should centre around the fact you were riding in the right lane, within the speed limit and he changed without ensuring it was safe to do so. Don't offer any other information, it's very possible that the driver may well incriminate himself. IF you are in any way unsure, paying for a Solicitor could well be the most cost effective option. There are lots of companies out there that offer to help, remember that YOU are their cash cow, and they want to make money from you, take care and if you use one choose them on reccomendations, rather than which one says they'll get you the biggest cheque. Good luck, at least you walked away, there are way too many that don't. Link to comment Share on other sites More sharing options...
Moderator Goff Posted August 17, 2009 Moderator Share Posted August 17, 2009 It was NOT your fault. You were in YOUR lane - they pulled into it - YOU are in the right. You need to pursue this all the way honey - do not be fobbed off by anyone - IT WAS NOT YOUR FAULT. This pillock was driving without due care and attention and thats what you need to focus on. I know of a GREAT solicitors down here who support bikers and also sponsor NAB'd and if you want their details i'll happily pass them on to you Hope you are feeling better soon Link to comment Share on other sites More sharing options...
Ttaskmaster Posted August 17, 2009 Share Posted August 17, 2009 TPFT is for damage YOU do to someone else. HIS insurance covers what HE does to you, so it'll be him and his that pay out to you. Others can better advise on the legal side, but I reckon it's him at fault 100%. As for riding.... only you can answer it. Get a car, have a crash, have a slide or just have a moment of distraction - The risks are still the same. Plenty of people still crash and die in cars, get impaled on steering columns etc etc. Many even get run over while walking. There is still a point and it's the very point that got you on the bike in the first place. A friend of mine had several serious accidents in a very short space. He sold up and quit riding. Within 6 months, in the middle of Winter, he was back on 2 wheels again, loving every second of it. Another friend lost a leg in a 15mph motorcycle incident. He went on to become one of Essex's most reknowned Advanced Riding Instructors. Take time out, recover, get past this and only then consider what you want to do. Link to comment Share on other sites More sharing options...
Recommended Posts