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Rider down - Me!

Discussion in 'General Motorcycling Discussion' started by sir_b, Feb 9, 2006.

  1. The honeymoon period has come to an end...

    Turned right onto Cemetary road, was in the leftmost lane (riding in the right tyre track of the car in front) when a guy in a Merc beside me decided he wanted my lane. Swerve and brake from around 30-40kph (panic reaction, I was by his left rear wheel when he pulled out) and on the wet roads the poor gippy didn't have a chance. Down she went, and down I went with her. I'm not 100% sure exactly how I fell, but I did a nice little roll and ended up back on my feet with my arms out saying "what the f&%k?" to the Merc driver.

    Only thing that hurts is my left foot (must have been hit by the bike on the way down) and the thought of being without a bike for a while. A quick lookover shows a broken handlebar (left bar is dangling), busted front fairing, mangled gear change lever, bent footpeg assembly. The guy is denying responsibility but I have a witness (guy on a gpx stopped in traffic who watched the whole thing) who says the guy swerved into my lane and caused it, so it should be ok. No damage to his car so worst case scenario I fix my own bike.

  2. f***ken idiot drivers, so retarded makes me wanna kickbox them in the head when they deny something they knnow they did !! grr makes me angry :mad:
  3. Oh no, Justin, what a pain. Glad to hear that you are OK, but as usual, get the foot checked out in case it starts to feel worse later.

    No insurance??
  4. Glad to hear you are OK.

    Please tell me you called an ambulance for the sore foot, and the police arrived and took a report?
  5. mate not good too hear, did you get the drivers details and also the witness, glad to hear you ok as others will say bikes can be replaced people can't
  6. If it's his fault, and it is, and you have a witness, then he will have to pay to repair your bike.

    File in a claim with your insurance company, and give details of the witness.
  7. No police and no ambulance, though I'll call the police now I think just to report it. I'll be going off to the doctors when I get home, I dragged the bike back to work (I was only 200 metres away when it happened).

    I have insurance, but my excess is ridiculous, so I'll either write off the bike if it's going to cost too much to fix (which I think it is) or repair it myself if it's repairable. I'll be calling my insurance company though and trying to make him pay for it.

  8. Yes, got driver and witnesses details.

  9. Another one down :(
    Sorry to hear about the accident, good thing the guy on the gpx came foward or it would be just your word against the drivers.

    Hope to see you back on the road soon
  10. Woops.

    Don't do that again mate.
  11. :( Sorry to hear it Justin. :(

    I thought we all agreed not to fall off at Sunday coffee. :? :LOL:

    Glad you're not seriously hurt mate. :) Shame about the bike though. :(

    I'd advise getting your foot looked at though. It may well be more serious than you think. I had a sore knee when I got hit by a car. Kept getting more sore, so I had it x-rayed and found out the bone was chipped. Better to be safe than sorry. :)

    Is your cage an auto? if so, at least you won't need the left foor to drive.

    Don't worry about the bike too much. If you've got witnesses the bastard doesn't stand a chance of weasling out of it. Make sure you make a police report as you've hurt your foot, and emphasise the dangerous driving to the cops while your there.

    With a bit of luck his insurance company will write it off and save you the trouble of selling it. CBR here comes Sir b! :wink:
  12. glad you're ok Justin

    Sorry to hear about your bike.

    What a really crap guy to deny it all. There's a bigger picture to the world than just short term gain at the expense of any shred of integrity. And ther is a fair element of truth in the saying what goes around comes around. Bet there arn't to many who would go out of there way to help this jerk.

    Anyway, hope your bike's back on the road soon :)
  13. Thanks Seany. Just called the local cops and they said to come in tomorrow to report it if my foot is a problem, going to get it checked out by the quacks tonight and see what they say. Cage is an auto so I'll be able to get to work easily enough (bugger :) ), but I just hope my foot doesn't turn into something that's a pain in the butt.

    A write off would suit me :)

  14. Tis not all bad. You can still get to coffee. :)
  15. Yeah, I'm not too pissed about him denying it, I think it's fairly natural. He's a doctor and all he could say over and over is "It's not my fault, I'm a doctor and....", he also accused me of lane splitting which seems to be the easy way out for them, but I just completed a right hand turn and was in my own lane when he came over. There was no one anywhere near my left. I do lane split, but certainly not around a corner (!!!) and not moving cars, especially not in the wet.

  16. Bro, no excess to pay if youre clearly not at fault.

    you will be required to make excess payment only if
    you are partly or wholly at fault.
  17. :roll: the wanker factor is high if he's as bloody high and mighty a doctor as he claims he can afford the insurance claim.

    i hope it works out in your favour insurance wise.
  18. Yeah I know Kish but you just never know how these things go down in court (and this guy was adamant that it was going down that path). As far as I can see, this guy started to pull into my lane, I reacted and came off (he stopped when he saw me and ended up with his nose a good foot into my lane) but I'm not 100% sure how it will go because I didn't hit him. His defense was basically "I put my indicator on" at which (quite heated I must add) I told him "you can't just indicate and pull in front of someone!". He claims he had his indicator on for some time, though when I was passing he didn't have it on, he must have flicked it on when he started his move and I was already at the rear of his car when he started his move. I was luckily going quite slow (wet road) otherwise it would have been much nastier.

  19. sir_b, you have a witness, rely on that.

    You don't have to pay an excess if he was at fault. If you say you saw no indicator, and your independent says so too, then he's at fault.

    It won't go to court anyway. What happens is your insurance company will write a letter of claim to his insurance company, with all your supporting details. His insurance company will then ask him for his side of the story. If his story can't be ratified against yours and your independent witnesses, and he was performing the illegal maneuver, then he will be found to be 100% at fault.

    No court. No grief. No excess. You keep your no-claim bonus.

    I'm speaking from experience. Had close to exact same thing happen to me, and that's how it turned out.

    It matters not if he had his indicator on. Not one bit. He moved into a lane occupied by another vehicle. He is 100% at fault on this.
  20. Yeah I agree Cathar, the indicator doesn't make a difference legally, though just for my own sanity it's important to me. If he had an indicator on I would have seen it and started to avoid him just in case he pulled out (or even let him out if there was time).