Crash!

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thunderous71

thunderous71

Daddy
Yup AGAIN! I got the feeling I'm either unlucky, blind or not cut out to be a biker.

Riding home from work, same road I always ride car in front is crawling at about 15mph so shoulder check and proceed to over take and bam the driver decides to do a U-Turn.

Lucky all this happens at slow speed as I slam on the brakes (thank god for ABS) and bump the read side of his car and drop the bike. Fairing all damaged (other side this time), break lever snapped and read wheel locked up.

Insurance say very unlikely to get a payment from his insurance, as it's always blamed on the biker.

I'm not hurt at all just very pissed off and depressed.

Think it may be time to join the cagers :(
 
Oh dude, sorry to hear that. After my crash last week, I felt the same thing, but I'm 100% certain you'd miss biking!

Just take some time out, and you'll soon miss your bike :)

Glad you're ok.
 
Don't let the cagers turn you off biking, you'll soon get the old '6th sense' tuned to perfection, the one that tells you when a cager's gonna do something dangerous.
Stick with it and it'll pay with time......don't let the buggers win!
 
Were you filming at the time? If so they can't blame you if it wasn't your fault. It's situations like this that made me want a helmet cam to begin with.
 
That's sad to hear mate, but don't let it get to you too much, I hope things work out well and you can get back on the bike asap.

thunderous71 said:
Think it may be time to join the cagers :(
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Oh no you don't ;)
 
Thanks all, slept on it now and already missing the bike. I wanted to do a coast run today :(

But having second thoughts about commuting into London every day.

Sadly didn't have the cam on, not had it on for a long time now, if I do start riding again Im gonna keep it on all the time / buy a blackbox style recorder.

:P :D :P :D :P :D :P :D :P
 
Noooooo. damn it, sorry to hear about this man, glad you are Ok for the most part, (well you are still posting) show us the damage to satisfy the morbid sense of fascination...
 
Shit Thunderous, sorry to read about this matey. Seems all to common just lately in our community.

Really sux it's happened to you.

I don't think insurance will pay either mate, it'll be his word against yours and he'll say the bad biker man was doing a 100 mph and couldn't stop and killed kittens and then he ran into me.

They sux donkeys mate, seriously!
 
Maverickjedi1 said:
Noooooo. damn it, sorry to hear about this man, glad you are Ok for the most part, (well you are still posting) show us the damage to satisfy the morbid sense of fascination...
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I get ya lol, not much damage to show as I kinda just hit and dropped the bike. So visible damage was light, but they will check the head etc and if that's gone I'm in tears. But little to show so fingers crossed.

So sorry no mangled bike to show... could have been a lot worse... http://www.thunderous71.com/?p=535

Blahdeblah52 said:
Shit Thunderous, sorry to read about this matey. Seems all to common just lately in our community.

Really sux it's happened to you.

I don't think insurance will pay either mate, it'll be his word against yours and he'll say the bad biker man was doing a 100 mph and couldn't stop and killed kittens and then he ran into me.

They sux donkeys mate, seriously!
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Just bad luck I put it at, looking back I should of realised the driver was gonna do something stupid they way he was going so slow. As you say unlikely his insurance will pay out, if the bike front end is fine this will be one of those rare crashes where the bike has come off better than the car!
 
Bugger. It's odd, when I was on the IAM run on Thursday someone came up to me and said 'you like shoulder checks don't you' and then went on to talk about how far you travel during that shoulder check etc etc so maybe I do them too often. I'll have to speak to them more about it.
Glad to hear you're ok, sucks that they don't think you have a claim. Surely if a driver is doing a u-turn the responsibility is on them. Maybe trying ringing up a motorcycle specific accident firm who have more experience in these issues. The insurers themselves I'm sure just look to scratch each others backs.
 
thunderous71 said:
Insurance say very unlikely to get a payment from his insurance, as it's always blamed on the biker.
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Is it bollocks!!!!

You should be ensuring any maneouvre is safe and communicated to other road users, or you're in the wrong.

100% non-fault on your part. He was going slowly (and positioned to the left ;)) so you signalled and overtook after following, as you're fully allowed to do for a slow moving vehicle. The only reason you won't get this is because your insurance company are lazy and you don't know any better.

This letter needs updating with the sections of the Highway Code it quotes, but it'll give you all you need:

http://nastyevilninja.wordpress.com/2011/06/10/filtering-accident-insurance-claim-template-letter/

Also, if your legal cover says they're paying for a solicitor, make sure you get one. Most will give you a trainee or paralegal (i.e. not a qualified solicitor). Ask for the SRA ID number of the solicitor handling your case or give me their details and I'll check for you. ;) Point out to them that claiming to be a solicitor when you're not is a criminal offence.

If he'd checked his mirrors he'd have seen you, or if he'd signalled and made clear his intentions you wouldn't have tried to pass. Don't settle for anything less.
 
NastyEvilNinja said:
thunderous71 said:
Insurance say very unlikely to get a payment from his insurance, as it's always blamed on the biker.
Click to expand...

Is it bollocks!!!!

You should be ensuring any maneouvre is safe and communicated to other road users, or you're in the wrong.

100% non-fault on your part. He was going slowly (and positioned to the left ;)) so you signalled and overtook after following, as you're fully allowed to do for a slow moving vehicle. The only reason you won't get this is because your insurance company are lazy and you don't know any better.

This letter needs updating with the sections of the Highway Code it quotes, but it'll give you all you need:

http://nastyevilninja.wordpress.com/2011/06/10/filtering-accident-insurance-claim-template-letter/

Also, if your legal cover says they're paying for a solicitor, make sure you get one. Most will give you a trainee or paralegal (i.e. not a qualified solicitor). Ask for the SRA ID number of the solicitor handling your case or give me their details and I'll check for you. ;) Point out to them that claiming to be a solicitor when you're not is a criminal offence.

If he'd checked his mirrors he'd have seen you, or if he'd signalled and made clear his intentions you wouldn't have tried to pass. Don't settle for anything less.
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OMG Thanks for this, it's put a much needed smile on my face and the feeling that 'No I didn't do anything wrong' I have already communicated that I blame the driver so when the paper work comes through your experience will help so much.

Some thing I didn't mention. he wasn't a local so didn't know the road, had lots of luggage in the car all over the back etc (obscuring view?), I'm wearing a BRIGHT yellow panneled jacket and dipped headlights and as you letter says for your self did it all correctly.

What I would like to know is how does it work for fixing the bike, will that be done before payment is settled or will I have to pay it and hope I can scratch some money back. Problem is it costs me 260 a month in travel fares not to have the bike.

Sorry to pester but never been through this.

Thanks again :)
 
Well, you should have got a courtesy bike, really? Are you fully comp?

Even if you're 3rd F&F you should be eligible for them because it will be the other party who pays for it. I'd assume you haven't been offered one because they're saying it's your fault, when in fact it's a non-fault accident. Don't let them fob you off!

If I were you I'd get on the phone to them and escalate it as far as it takes for someone to make the decision that you get a hire bike ASAP.

If they're still being arses, contact these:

http://www.bldgroup.co.uk/service-repai ... ssistance/

BLD did used to have a picture on the site showing all the common accidents and how blame would be apportioned, but that seems to have gone now... :( This link is quite useful if you go through each step and make sure you use as many of the key words as you can when you speak/write to them:

http://www.ehow.com/how_4618795_acciden ... ident.html
 
Oh, and re fixing the bike... there's a good chance it will get written off even if it's fairing damage. You should have the option to buy it back which you should do if it's fixable - then sell it on or keep it.

It's up to your/their insurance company to get it fixed, but what you can do is get some quotes from local places and submit them, and they might go for those instead.

Put your case forward very strongly of how much this is costing you, and keep all receipts, because when you get a decision you can claim for that as well.

Best thing is just to assume your insurance co can't be bothered doing any work on this for you, so you're going to have to fight hard all the way...
 
NastyEvilNinja said:
Oh, and re fixing the bike... there's a good chance it will get written off even if it's fairing damage. You should have the option to buy it back which you should do if it's fixable - then sell it on or keep it.

It's up to your/their insurance company to get it fixed, but what you can do is get some quotes from local places and submit them, and they might go for those instead.

Put your case forward very strongly of how much this is costing you, and keep all receipts, because when you get a decision you can claim for that as well.

Best thing is just to assume your insurance co can't be bothered doing any work on this for you, so you're going to have to fight hard all the way...
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All good advice here guys, so if your unlucky enough for this to happen here is some more advice I can give from going over this in the last few days.

After the crash make sure your ok
Check the bike and kill it (the switch not with a gun)
Check the other rider drivers etc
If its safe to do so remove the bike so as not to cause another crash.
Take as many pictures of the scene as you can we all have phones with cameras on them.
Swap details with the other driver.
Get your self check out by a doctor.
As soon as you get home fire up your PC and write down what happened, not a story but very factual. No ifs, buts or possible etc.
If you are sure you are totally innocent of the accident check the highway code for your actions and the other drivers actions. You will find out clearly who was in the wrong, add this to you written account.


Celebrate, your alive.
Now relax play some games, have a drink, hug the wife etc.

Ring your insurance company and explain what happened, think very carefully about any 'legal' advice they give as they are not lawyers.

Next every thing you buy that you would not normally because you no longer have a bike keep the receipt (travel costs etc).
If you have any pain or injuries add this also to your documentation.

Finally stick to your guns.

Hope this helps some people out.

Again thanks to NastyEvilNinja else I would have just all but resigned on my loss here but have started to turn it all around.
 
thunderous71 said:
Take as many pictures of the scene as you can we all have phones with cameras on them.
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Cannot stress this enough!

Also, try to get details from any witnesses, otherwise it's your word against theirs. A few years back someone went into the back of me while I was waiting at a roundabout. He was nice as pie at the scene, but lied his arse off on the insurance form. :evil:

Look out for CCTV cameras around that might have covered the scene and get hold of copies of any footage. Note: if the footage can identify you (and, hence, be of value in your claim), then you have the right to a copy under the Data Protection Act (they are allowed to charge a nominal admin fee for this - up to £10, I think).
 
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