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I am no longer a Crash Virgin!

Discussion in 'Your Near Misses - A Place to Vent' at netrider.net.au started by Moff, May 28, 2009.

  1. So,

    I wake up this morning for work. For the past two months or so I havnt been wearing my Kevlars and gloves to work for one reason or another, but this morning I thought it might be a good idea (Turns out I was 100% correct).

    Leave home thinking weathers preety good, Roads a bit wet so I need to take it easy. I turn onto High Street from Manningham Road (Templestowe Lower for anyone that knows it). Limit on the road is 60 but because its wet i decide ill go what ever I think is safe (at this point I was travelling about 50KM/H).

    I was in the left lane as the speed the traffic travels on the other side of the road is a little intimidating at times.

    So I'm travelling down the road when a White BMW pulls out of a side street without stopping to look to see if theres anyone comming. I hit the brakes immediately, clutch in, front tire starts to slide, release the front brakes and re-apply, 5 Meters from the back of the car travelling about 35KM/H I think "Here we go, first crash".

    Front of the bikes makes love to the back of her car, and I'm shaking like a dog shitting Razor Blades as this is my first crash (Car and Bike). I pull the bike onto the pavement as its a preety busy on that road in the morning. She stops and pulls her car onto the nature strip and I'm thinking "Excellent, she's doing the right thing and stopping to see if I'm ok and exchange details."

    She gets out of her car and asks if I'm ok, I reply "yeah I seem to be, but I'm a bit shaken up".

    I go to take my helmet off, as soon as its off, she's driving away.

    Well, she pulled out of a dead end street, so I know she most probobly lives down that street somewhere, so I'm going for her Rego tonight. Bikes getting towed from work in the next hour, and I'm filling a police report after work.

    First crash, atleast it wasnt as bad as it could have been.

    There were things that I could have done to prevent it (Call in sick, change lanes for Buffer space). Altho I wish it never happened, its a lessoned learnt and I'm thankful for learning it.

    Pics of the bike to come soon (Parts of my bike are now in my backpack)

    Drive safe all!
  2. dude - go RIGHT NOW and report this to the police
  3. Glad you are OK Moff!

    Would have been hard to comprehend her just taking off even if you weren't all shaken up.

    Report it immediately. By all means follow up and ID the car for sure, but report it asap.

    I suspect she took off because she KNOWS she was in the wrong.

    Best of luck with it. Shame you didn't have your camera on! BTW it works great!
  4. happens all the time. the codger that caused me to drop it this morning hobbled off while i was picking up my bike
  5. Legally she did all she had to do.
    You confirmed to her you were not injured.
    You ran into the back of her (regardless of her actions) that makes you responsible for the damage.
    The police will not be interested unfortunately so I suggest you contact your insurance co and chalk it up to one of the risks of riding.

    Glad you're ok and good luck with it all.
  6. ya sure? i think your under obligation to exchange details at an accident that involves damage to property
  7. Well... You rooted that one. Too late now, it's gonna be your insurance hit.
  8. While I agree that running up the back of someone else makes you responsible in 99% of cases because following distances should be observed etc. I've heard of people having that decision reversed, usually when a previously stationary car pulls into another lane of fast moving traffic without looking properly, turning onto a main road would be similar surely?

    As you said you were going 50km/h she must have pulled out RIGHT in front of you for you to crash into the back of her. Assuming you reacted and braked immediately, the finger of blame points to her.

    There was one such incident posted on netrider, but it was a while ago.... cbr250 I think it was.

    Surely what she did was not to give way...

    Was it a stop street or give way sign?

    OP, you must have been distracted or something to not anticipate that :??

    Maybe you should leave a 'surprise' for her on her doorstep.

    Good to hear you're OK though. Good luck with it.
  9. A couple of years ago I witnessed and treated a girl in QLD who got hit by a speeding car. I was pretty fcuked up because of it, and when the cops and paramedics arrived, they took my statement straight away. After dropping me "home" (a backpackers. I was walking and after treating the girl, was literally soaking in blood) they told me to write down exactly what I remember, so I had a shower and did so.

    Anyhoo, when I got called up as a witness, I was damn happy I'd written it all down, because 6 months on, I couldn't remember certain specifics (how far I was from the crash, which side of the road she came from, his numberplate, which I remembered for a few days). Before the trial I read it all and my brain went "Hey! I remember all this!"

    tl;dr - Write down exactly what you remember asap, because even two days down the track, there will be things you miss, and it's perfect for jogging your memory every now and then.

    Also, I agree, ring the cops if you haven't already done so. They may do something, and the fact that she was so quick to get out of there is a little suss, no?
  10. No. She was legally required to exchange details irrespective of who appeared to be at fault at the time.
  11. If you need a hand dude give us a yell. I live on High St up near Foote St.
  12. especially as it sounds like she failed to stop or give way

    67. Stopping and giving way at a stop sign or stop line at an intersection without traffic lights
    (1) A driver at an intersection with a stop sign or stop line, but without traffic lights, must stop and give way in accordance with this rule.
    Penalty: 5 penalty units


    69. Giving way at a give way sign or give way line at an intersection
    (1) A driver at an intersection with a give way sign or give way line must give way in accordance with this rule.
    Penalty: 5 penalty units.


    73. Giving way at a T-intersection
    (1) A driver at a T-intersection without traffic lights or a stop sign, stop line, give way sign or give way line, must give way in accordance with this rule.
    Penalty: 5 penalty units.
    Note 1 Give way line, stop line, T-intersection and traffic lights are defined in the dictionary.
    Note 2 For this rule, give way means the driver must slow down and, if necessary, stop to avoid a collision—see the definition in the dictionary.
    Note 3 Rule 75(1)(d) requires a driver at a T-intersection to give way when crossing the continuing road to enter a road related area or adjacent land.
    (2) If the driver is turning left (except if the driver is using a slip lane) or right from the terminating road into the continuing road, the driver must give way to—
    (a) any vehicle travelling on the continuing road;
  13. ^^ Agree but the driver is not going to admit anything is she?
  14. You're fighting a huge uphill battle if there was no witness.

    Take photos of your bike, go to the police NOW... and stalk her area to get photos of her car and rego ASAP.

    Almost same thing happened to me and ouch I only had third party. Luckily there were witnesses and the guy (a doctor no less) leaving the scene brought him no sympathy from anyone. 3-4 months later after a lot of hard work, stern letters and phone calls I got my payout. The guy came back to the scene of the accident about 45 minutes after it happened... and what do you know about 2 minutes before the police arrived. They wouldn't charge him even with me and witnesses telling the coppers he left the scene without stopping at all.

    Be prepared to take the brunt of this as without good witness testimonial you did go up the behind of the car.

    Write everything down, draw up detailed diagrams of step by step (second by second) what happened including every bit of information you can (that doesn't hinder you). And then just chill out and relax and take it up with insurance. You do not have to follow the pro-formas from insurance companies.

    Write 'without prejudice, save as to costs' on every document you submit to the driver or insurance... and do everything (statement wise) in writing or email... never over the phone as it means nothing. Don't tell insurance what happened over the phone.

    Get proper details of the intersection where it happened, street type, stop signs, speed limit etc. (take photos). Take note of what the weather conditions were like, temperature, fog, wet etc... maybe print out weather reports from BOM just in case.

    Stress the fact that the driver left the scene without leaving details = implication of being at fault. And try try try to get photos of damage to her car before she fixes it... (if there was damage?)

    A free lawyer consult might not be a bad idea in a few days either.