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Got hit by a bloke on a mobile at lights. Need advice.

Discussion in 'General Motorcycling Discussion' started by Cone of Silence, Oct 7, 2005.

  1. Sydney. 8pm the other day. Traffic lights, I'm at the front, at a bit of an angle to the traffic, pointing roughly in the direction we're about to go (right). Indicators on.

    Some muppet kid p-plater is behind me in a beat-up toyota or something and he's on a f*cking mobile phone. We're in a lane that has to turn right. Lights are red. All of a sudden, I'm on the floor and the brand new 620 is lying on the floor with my leg stuck under it.

    I tried to keep calm - shouted at him "What the f*ck do you think you're doing?!!!!" and he says he was going straight on - which he can't have been because a) we're in a right turn only lane and b) the lights are red. I told him to pull over to the side of the road and get his insurance details. I picked up the bike and wheeled her to the side of the road and as I cleared the lane our lights went green and he drove away, watching me as he did so.

    The fact that he was on a mobile phone and totally oblivious to the traffic, the lights and other road users really gives me the sh*ts. I've done nothing wrong and now my insurance is going to sky-rocket thanks to this turd.

    Nice thing happened then....good honest lady in the car behind him shouts out the window to me saying she's got all his details and saw everything....stopped and gave me all of her details and even said she can't stand seeing people on mobile phones.

    Police said it'll take up to 6 months to investigate (they have a lot of pizza to get through I guess). Bike's off to the dealer today to get assessed. I reckon that'll take at least a week, maybe two.

    No injuries - sore neck today and sore wrists from hitting the deck pretty hard but nothng worth making a fuss about. I'll be right.

    Was wondering if anyone had been in a similar situation. Being a Ducati and needing parts I'm sure I'll be off the road for months but I want to know what the process is for suing or claiming for costs - leave it to the insurers or does it go to court...? I have no idea as I've never claimed for anything before.

    Appreciate any feedback.

  2. geebuz mate, if you get his address, rip his fecking nuts off :evil:

    no idea what to do in the situation, i'm sure someone here will have some usefull info tho. all i have is wellwishing unfortunately, hopefully this will all end up ok for you :? cant get much worse, just hope it gets better....
  3. i would think if the lady got his details that the insurance company will chase him up.... as for the police i would think it will take longer for them as from the sounds of it, they might class this as a hit and run and therefore criminal charges are hopefully laid against him..... best of luck getting the bike fixed and glad to hear your ok
  4. You make a claim through your insurers. It's a no-fault claim so they get the money from the other blokes insurers, or pay you and then take him to court to get their money back if he's not insured. Either way, do it through your insurers or you could take years to get paid if he's not insured.
  5. Leave it to the insurers. You might have to pay your excess but it will be refunded to you when your insurance company takes this little turd to court. I'd push for criminal charges with the police too (leaving the scene of an accident, failing to give details etc). As long as you have a witness and can track down the prick, your insurance premiums should not be affected.

    That's the way it usually works anyway, though different companies do it differently. Bottom line though, if he is proved to be in the wrong, he's stuffed, not you. Even if it takes your insurance company 25 years to get the money out of him at $1 a week, that's their problem not yours.

  6. COS - Fill in a "Self Reporting Accident Form" at the cop shop. Make it as detailed as you possibly can, quoting witnesses etc.

    Don't worry about the cops 6 months business.

    Put EVERYTHING else in the hands of your insurance company. They will pursue the driver. Give them detailed statements, witness details, diagrams of the road, other vehicles, traffic flow, traffic signals, point of impact, time, date, weather conditions, what you said, what the driver said etc. Include every minute detail. They won't take 6 months and they're the ones you have to worry about, not the cops. Do it now so the Insurance Co can contact the witness while it's still fresh in her mind.

    The cops may or may not ever charge the driver, but that won't make a scrap of difference to the Insurance procedure.

    Good Luck, don't go soft on any aspect of this, nail the dickhead !!!
  7. Now go back to the doctor and complain of extreme soreness and anything else you can think of. Get him/her to give you a certificate if you can (even if you don't take time off).
    Go back to the cops and hassle them HARD to do something, citing the fact you were injured, making this a hit and run case. They'll HAVE to act, then.
    Goddamn fecker might even do time :)
  8. Definatly go through the insurance company.

    But be warned. A guy at work had a guy hit him and take off. He got the rego, but the insurance company made the guy at work pay the excess.

    The reason, they claimed, was they need more then just a rego number. Apparently the cops won't hand over personal information to the insurance companies anymore. Privacy thing

    But have a chat with the insurance company

    I'd get up the cops a bit more too. Leaving the scene of an accident is a really serious offence. The mobile phone stuff is kind of irrelavent. Ring someone more senoir at the station you reported it too. Explain that you'd be happy if the guy just exchanged details with you. The cops don't want to do anymore then they have to and they'll just give the guy a call.
  9. Boy that really s$@cks!

    As others have said, this is what you pay your insuance company for. To go and fight for you when something happens.

    My family was in a no fault write off collision with an uninsured and medically unfit driver.

    Our insurance company paid out within two weeks.
    The uninsured mug will be paying back the insurance company for decades to cover the cost of the cheque and legal costs.

    Sic im Rob!

    As for other costs, eg, replacement vehicle, you're on your own there.
  10. Pretty much exactly the same thing happened to me, but the guy only gave me a scribbled name I couldn't read and a mobile number missing one digit :shock: was shocked to the core, so didn't notice this til after, but I did scrawl down his rego as he drove off (it was a yeller cab) and a guy walking past said he saw the whole thing and was willing to be contacted by insurer's/police so he gave me his business card. I called my insurance straight away and they said they would deal with everything, even down to getting my bike to a dealership (didn't need it). The insurance person on the phone laughed delightedly when I said I had a witness, and she said "Yep, no worries. We got him."

    The cabbie later sued me for damages, stating that it was my fault he hit me while I was statioanry at lights, because I was wearing black and riding a black motorcycle... IN BROAD DAYLIGHT!!! My insurance company provided me with lawyers and everything, all sorted, it was laughed out of court.

    My advice - go through your insurance... they know that a court will support them to reclaim their money, so they will pay out everything you need asap.
  11. Your insurance shouldn't change if it's a no fault accident.

    Let the insurance company sort it out.

    At the very least get the cops to charge him for being a mobile phone. (3 points now).

    BTW some bad news for you, after going through the process of repairing a 2004 ducati monster 620, you are looking at a long, long, long time for parts.

    Some of the <=2003 monster parts don't fit the 2004 and up model. Due to the 620 being available as a lite, and therefore learner legal, these bikes are in a lot of crashes, mostly minor drops, which also mean the damn things rarely end up at the wreckers. (Yours wasn't your fault in the slightest). There's a huge backlog of parts to be shipped in.

    Depending on the parts, you're looking at 3 months.

    And ducati parts aren't cheap.

    What's the exact damage? I can probably tell you which parts are easy to get, and which are going to painful. Could also give you a rough costing. (BTW, if you drop it on the left side, it's cheaper than the right :) )
  12. {Damn you Kaer, you did to to me again!}
    TALK TO YOUR SOLICITOR, along with all the other spot-on advice here!
  13. what.a.tool. :LOL: :LOL:

    between talking on a mobile and/or the hit and run thing you should be able to clock up enough points to get this twat's license suspended (he was on P's right?) :twisted:
  14. Cant you give the police his details, and get him charged with dangerous driving or something similar? At very least he should cop a fine for using a mobile while driving.

    I don't know if there already is, but there should be a phone number to dob in such people, like the EPA has one to dob in people who throw stuff out of cars.

    I dunno if its just me, but the number of people I see talking on phones while driving seems to be increasing a lot lately.
  15. i hope this guy gets smoked whats he thinking he hits someone then tries to do a runner i wouldv thought it would be less than 6 months to get to the bottom of it
  16. This guy hit you from behind. There is no possible legal defence for hitting somebody from behind, ever, under any circumstances.....period. Your Insurance company will eat him for breakfast.
  17. Kaer - appreciate the advice mate, cheers.

    Parts damaged:

    Clutch lever. Rooted.
    Left mirror. Rooted.
    Rear Brake lever and right pedal - completely sheared off.
    Carbon cover on right side for titanium pipes (a month old) - scratched...possibly rescuable with a polish as carbon under the finish looks intact
    Seat - roughed-up and scratched.

    Remarkably, that's all the damage I could find - but I'm sure the dealer will have a good look at it and find something I've missed. I'm surprised that the pedal and gear lever didn't get any abuse....or the tank.
  18. HEAR HEAR!!!
  19. Doonks has it right - report the accident to the police, go to a doctor and get checked over properly, and leave the rest with the insurance company. Sleep easy too - you have a witness, it always makes things so much easier.

    I had a prang in the cage a few years ago - I had a witness, and it was smooth as silk. Back on the road in a week, and nary a form to fill out. I did all the above - so if you do, you'll be fine.

    Oh yeah, leaving the scene of an accident is always an offence. With your Duke being hurt, it will be $1K damages, and that makes it a prosecutable offence with JAIL TIME a possibility.
  20. i'd give a weeks pay (..ok i'm living on youth allowance at the moment so i'm not working that hard for it) :p to of been splitting traffic behind you when this happened, waited to see the outcome and then chased down the evil bastard when he tried to make his getaway. :x

    please follow this up to the fullest extent, you were injured yeah? (minor maybe, but still injured) hit run is a disgrace and needs to be punished. make sure the police do their job.