christofeser Posted October 21, 2010 Share Posted October 21, 2010 Got knocked off FIVE DOORS FROM MY HOUSE! Pretty much was tailing (at a safe distance) a chelsea tractor drivern by two old people (if you don't know what a chelsea tractor is - it's a shiny new land rover driven by people with no land and a house in chelsea!). Pretty much they pulled over to the left, I assumed they were stopping. I went round the right of them, just as he attempted to swing into his driveway, causing me to swerve into the curb, the bike to hit a wall, and me to go skidding down the pavement. I'm cut and grazed, but the bike still works, with a few dings and scratches. I'm not sure if I have a claim or not. Anyway, when I got in I rung my old man. He started blaring down the phone at me about how I should be more careful, should have beeen wearing gloves, and shouldn't have let them go (despite me already getting their adresse, insurnace details, and phone numbers!) Anyway, who said sympathy was dead. Fucking realist cunt. (excuse me, I am very stressed) Link to comment Share on other sites More sharing options...
JohnnyK Posted October 21, 2010 Share Posted October 21, 2010 Chin up mate. Did the guy use his indicators at all? If he wasn't, he should have been. This sounds like one of those where you weren't really in the wrong but you probably don't have a claim if you ask me, but it's really all down to the exact circumstances. How bad is the bike dinged up? Link to comment Share on other sites More sharing options...
christofeser Posted October 21, 2010 Author Share Posted October 21, 2010 Bikes not much worse than it was anyway... He didn't use his indicators, but claims that he used them at the last minute. Although not directly claiming liability he was very apologetic. I might walk down later to see what he wants to do. Chris Link to comment Share on other sites More sharing options...
chris66 Posted October 21, 2010 Share Posted October 21, 2010 i think you do have a claim, he should have been indicating right and obviously wasn't as you would have not assumed he was pulling over. so unless you ignored his signal then its his fault. if he was signaling right then im afraid you will have to chalk this up to experience. you could have gone under the car and not be here at all, as for not waring gloves, i no you dont want to here it but your dads right,never ride with no gloves as your hands are your only thing to brake your fall. hope it all works out for you. chris Link to comment Share on other sites More sharing options...
chris66 Posted October 21, 2010 Share Posted October 21, 2010 Bikes not much worse than it was anyway... He didn't use his indicators, but claims that he used them at the last minute. Although not directly claiming liability he was very apologetic. I might walk down later to see what he wants to do. Chris work out the cost of repair and take it to him, you never know there are still nice people about. Link to comment Share on other sites More sharing options...
JohnnyK Posted October 21, 2010 Share Posted October 21, 2010 yeah and be sure to include the damage from the last crash as well Link to comment Share on other sites More sharing options...
christofeser Posted October 21, 2010 Author Share Posted October 21, 2010 haha yeah, he seems nice enough and was sharp enough to give me his details. Old bloke, probably shouldn't be driving such a massive car anyway, but nice still... I'm going to ask him if he wants to settle if privately or through insurance when I speak to him next (He's not in atm so I left him a message), then go down to get the bike checked over... Johnny, you still have my chrome poilish you thieving git. And how's your bike after its revamp at the garage? Chris Link to comment Share on other sites More sharing options...
Vez Posted October 21, 2010 Share Posted October 21, 2010 Probably wasting your time with a claim, unless you have witnesses that is. It will be a case of his and her word against yours, even if he was at fault he will probably deny it, who wants increased premiums after-all. I second the idea of going and talking with him. Vez. Edit: I read somewhere the most dangerous part of any journey is the last 10% before you get home.(something like that, can't remember exactly) Link to comment Share on other sites More sharing options...
Gas up - Let's Go! Posted October 21, 2010 Share Posted October 21, 2010 This is one of those incidents that could go either way, irrispective who is right or wrong. Incorrect use of indicators is an offence. Using them at the last minute then failing to ensure it is safe to proceed is still Careless Driving. But it's one parties word against the other..... In a twist of irony, had you continued going straigh and allowed the driver to take you off your bike would have resulted in an investigation, but you would be in a worse state also! First thing, write it all down as it happened, remember speeds and distance, time of day any other people about. Then go and speak to them, see if they would preffer to settle up or go through insurance. Don't ask them if they are accepting responsibility, just assume that they are in all of your dealing, speak to them as if they have already accepted it. If they start to deny it or claim the indicator was on, then walk away from them. Secondly, would you consider yourself injured ? are you bleeding, bruised at all ? if the answer is yes then you must inform the police, within 24 hours of the accident. Then see if they have done the same, if they fail to then they are in hot water and you have an avenue to have them dealt with, especially when you fill out your insurance form. Failure to report an accident is an offence. It's under handed, but sometimes you have to line people up for a fall, just in case. If you are 3rd party insurance, then contact their insurance company to see how they want to settle the claim. Do not accept any crap about having to use your own, you are under no obligation to do so, legally or otherwise. If they refuse to deal with you directly, tell them they must or you will make a complaint to the Insurance Ombudsman, and ask then for contact details - they are obliged to give you this. They want to deal with another company because they can 'horse trade', it is in their interests to keep you out of the loop. An experienced rider would in all probability have avoided this incident through that 'biker sense' we all develop, you can't learn this sense, it just comes to you. Goos luck, you will have to be persistant though, Insurance Companies are utter sods when it comes to this and will try every trick in the book to avoid paying out. Oh, and you are obliged to inform your own insurance company of the incident, no matter who's fault it is. Link to comment Share on other sites More sharing options...
Gas up - Let's Go! Posted October 21, 2010 Share Posted October 21, 2010 Edit: I read somewhere the most dangerous part of any journey is the last 10% before you get home.(something like that, can't remember exactly) It's the first 10 minutes, your mind takes this long to settle into driving/riding and dispense with the other crap you have to deal with. One of the reasons why Advanced drivers always park in a manner that they can drive straight out... However, I tend to agree with you, the last few miles is when my attention tends to wander Link to comment Share on other sites More sharing options...
oldtimer Posted October 21, 2010 Share Posted October 21, 2010 shit happens but one thing i dont understand about this accident,has this old bloke who lives 5 doors down only just moved in there? or does he not normally park in his drive as this is where observation comes in, if it was one of my neighbours and i was behind him i would know what he was likely to do. maybe its me but i dont get it Link to comment Share on other sites More sharing options...
christofeser Posted October 21, 2010 Author Share Posted October 21, 2010 Nah he didn't live there, he was dropping something off there...sorry for confusion. Anyway, I spoke to him on the blower, he said he's not entirely convinced it was his fault, or my fault, and suggested I went to the garage and got a bill to fix it so we can discuss it further. Weather he means he'll pay it, or we'll split it, is a concern of mine. I doubt he has gone to the police, so I will tell them tomorrow and use that as a backup if im not satisfied with his settlement. If it comes to it I will go to insurance. Plan or bad plan? Chris Link to comment Share on other sites More sharing options...
oldtimer Posted October 21, 2010 Share Posted October 21, 2010 good plan but make sure you report the accident to the police mentioning that he did not indicate. get your report made before he does. Link to comment Share on other sites More sharing options...
Mark K Posted October 21, 2010 Share Posted October 21, 2010 If he offers 50% I'd be tempted to take it. Next time though, wear gloves! Link to comment Share on other sites More sharing options...
Guest CardBoardDave Posted October 21, 2010 Share Posted October 21, 2010 Glad you dint get too badly hurt. Link to comment Share on other sites More sharing options...
kishan Posted October 22, 2010 Share Posted October 22, 2010 soz to hear this happened mate main thing your safe and well and i know its not nice to come off a bike and damage it. Link to comment Share on other sites More sharing options...
wild foamy Posted October 22, 2010 Share Posted October 22, 2010 Similar thing happened to me, and resulting in my beloved Suzuki Swift (dubbed "The Passion Wagon") being wrote off, taxi driver parked on the footpath of a one way street, no indicators, pulled out into the side of me. try and sort it privately if you can, although if you choose to go through the insurance companies it will be his word against yours unless you have witnesses, and if he does not accept liability it will take longer as they would have to rebuild the series of events that lead to the accident, if he failed to indicate and give other road users (i.e you) enough time to plan and react accordingly, then he was in violation of the highway code. the most likely times for an accident are the first 5 miles and last 5 miles of your journey , ride safe peeps Link to comment Share on other sites More sharing options...
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