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Avoided a collision, but dropped the bike, I'm at fault?

Discussion in 'Politics, Laws, Government & Insurance' started by blakjak, Dec 12, 2006.

  1. Was leaving work when a cager (who was talking on his phone at the time) came racing through the carpark and cut me off. I pulled the bike up real quick (left a .8mtr skid) and stopped centimeters from a collision, but as I was coming around a corner the lean and the sudden stop caused me to drop the bike.

    So I've filed a report with the police and they say because there was no collision, there is really no grounds for a crash investigation to involve the other vehicle. WTF?

    They tell me, had I hit him, they would have needed to determine fault and all the rest, but because I didn't, it might just be too bad. The fact that he was on his phone would need to be substantiated, but even then they'd have to prove that the bike was dropped because of the actions of the other driver to do anything about it.

    What really sh*ts me is that the other driver (who almost t-boned me) pulled into the carpark that he'd cut me off for, got out of his car and (whilst I'm struggling to pick the bike up) checks all up and down his car for damage saying "Where'd you hit me, mate?". I say "I didn't hit you, I STOPPED" he comes and helps pick the bike up, and while I'm checking the damage to the bike he walks of and says, "seeya mate", like nothings happened...

    Meanwhile the mirror mount is cracked almost off and the fairing took a fair whack and I might have no recourse against this idiot... will call the insurance today (as they close by 5 western time, when I called them yesterday)
  2. Nope, sorry, you're on your own. He has nothing to do with it now.

    A similar thing happened to me. That's why you need crash nobs/frame sliders. Sad state of affairs, but that's how the world is.

    Only thing to do is learn from it. Only use rear brake in turns, and the last bit of stopping. Sounds obvious, but it's the last thing you think of when you panic. I put mine down to lack of experience, not having that as second nature. I use the rear brake alot more naturally now.

    See if it's worth claiming on, or get minimal repairs done yourself. Assuming that won't affect your insurance, ask, and make sure you get it in writing. If you're fussy and want a full restoration, make a claim.

    Some things are unavoidable no matter what your skills. Take care and good luck. :)
  3. Not quite true - but probably too late for blakjak

    I had a car pull into my lane without looking and cut me off. I had nowhere to go so took action to avoid the collision and did not hit her car but my bike ended up on the median strip.

    My saving grace was that I said I had a sore back so wanted an ambulance to take me to hospital to get checked out. As someone was injured, the Cops have to come and they have to charge someone. Result was that the driver was charged - as why would my bike end up on opposite side of the road on a straight section of road?

    So next time it happens and you are 100% sure you are in the right - play the injured card, get an ambulance and make sure the Cops come.
  4. Yeah... That sounds like it would work. I must remember that next time I'm in an accident. :twisted:

    Although, as this was in a carpark (private property too maybe?) this tactic may only land you with hefty medical bills... maybe. as it would be you word against theirs, with no evidence. :?
  5. Carparks (at shops in particular) are public property unless they have a locked gate. Business carparks might be differnt. Anywhere that customers are expected to come is deemed public cos you can't really choose your customers.
  6. Back when I was a learner, I had a car pull out of a Give Way sign on me on a wet road. I swerved, braked, lost the front end, and the bike went sliding down the road and just missed the offending car. I personally missed the car too.

    However, because the driver had broken the law we exchanged details. I contacted my insurance company, they contacted his, decided that the whole incident was 100% his fault since it was his actions in breaking the road laws that caused me to take evasive action which led to the accident, and his insurance company paid out and fixed my bike completely.

    Just because you aren't hit, doesn't mean that you shouldn't take their details.
  7. Really?

    I tend to be able to stop faster using the front brake, but maybe I have a wierd handling italian sorts bike.

    I would have recomended some advanced rider training, but that's just me.
  8. i am morally bankrupt but even i wouldn't 'play the injured card' ambulances and emergency services have enough morons calling triple 0 saying 'ohhhh my god i can see smoke!!1111!11' and turning up at emergency departments with sprained ankles. they don't need the ambulance fleet to be turned into an insurance claim processing service.

    imagine if you were lying on the road with a limb ripped off and the closest ambulance was heading to an accident to secure an insurance claim for someone.
  9. When a similar thing happened to me, the cops told me that as I had no witnesses and they hadn't seen it, there was no way I could make a charge or a claim stick. Nothing they or I could do.
    If you ever have a collision (or near-collision resulting in damage), the first thing you need to do is grab the culprits rego - and a WITNESS! Make sure they note down the rego too, and give you a contact number an preferably an address too.
    Many people are reluctant to get dragged into anything that might result in court time, but it helps if you point out that they will probably only ever need to sign a statement.
    Corroboration is usually all you need to get the opposing insurance company to pay up.
    Here's a tip: even if you are not injured, get yourself to a safe place, and then LIE ON THE GROUND! People will only rarely do a runner if they think you are injured, and you are sure to attract a crowd (of potential witnesses!).
  10. You don't have to go off in an ambulance to varify you were injured in an accident.

    You could go to a hospital now, with something like a sprained wrist. something that presented after the adrenilan wore off.

    Then you fill in the police report and tell them you went to the hospital

    but in your case I think its a bit late, as you have already gone to the cops.

    It is also a bit risky as they may determine it's your fault and give you a ticket.
  11. Fark dude, thats no good at all. Glad your OK and its just the bike you have to worry about!

    Surely you can take the positive that at least you were able to pull up before making contact with the car. I know thats not much consolation but it something right?

    I accept that it may not be a police issue but what about you go into a cop shop and just explain the situation to them and say that even though they cant do anything, can they suggest what action you might be able to take?

    In the past i have found that even if the coppers cant help directly, if you are nice, and ask genuine questions then they are happy to point you in the right direction. of cause if you get one in a bad mood they will prob just say "nothing to do with us mate".

    Get the bike back to the mechanic for a quick check. If its nothing other than the mirror stalk then it wont be worth the effort chasing it up but if more then consider it from there.

    all the best mate.
  12. better idea. next time any of you have a experience with a witless yuppie on a cell phone, when he walks away saying 'be well, mate', just undo your rolling jerry can, dump some petrol on his car, and watch hilarity ensue. be sure you get your ass out of there too. :cool:
  13. That sentence should have finished with "his car :twisted: "
  14. Always nice to get supportive replies, I know this is nothing like the round of injuries that people have had, but it still sucks....

    Update: I've called the insurance and they say that because there was no collision, the other driver isn't involved in the claim. So there's $500 excess if I go with it. I've called a Kawasaki dealer and the mirror is $170 and the panel is $791 (painted factory new). but I've also got the number of their panel repairer, who says that it isn't too bad... so here's hoping.
  15. i still think gasoline and a match was the better solution. not for your bike, but for his car.
  16. Ok, so you got a grand damage. Maybe make a claim if your premium doesn't go up.
    If you're still pissed at the other guy next week, and can track down his car, just return the favour for him. I'd say four windows and two mirrors ought to do it. Remember to make sure nobodys watching. It won't help your hip pocket, but it may make you feel better. (just hope he wasn't driving his friends car or something) :oops:

    Disclaimer: It's not what I would do. I prefer to think that karma will catch up with him. :wink:
  17. Maybe the guy recognised he was at fault, but thought there was no damage to the bike.

    Most people don't realise how much damage is done when a bike is dropped and how much it costs to repair.

    Leave a note on his windshield for him to contact you. Ask for his details and if he refuses tell him your going to report the accident to the cops and they will be in contact re: "leaving the scene of an accident".

    If the bluff doesn't work then I guess you have to pay yourself.

    How you get personal satifaction is up to you. it will mean more if he knows what he did wrong.
  18. :evil: I would have done some serious damage to his head :cool:
  19. i wud b pretty pissed, and let go sum RAGE!
  20. Dear NRMA/insurer,

    I would appreciate a written response to this question.

    Given [the circumstances] - I am led to believe that in an instance where I am run off the road or into an obstacle by another vehicle where the driver is displaying negligence or intent to harm: it is a better financial decision for me to strike that vehicle, risking whatever damage and injury results - RATHER than take evasive action which results in a lower speed accident and damage to my vehicle alone.

    Is this correct?

    Eagerly awaiting your written and publishable response,

    -Mr Sumpoorshafteddude