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Second week - first accident

Discussion in 'Your Near Misses - A Place to Vent' started by paulftw, Sep 24, 2013.

  1. Hi everyone,

    Most people use "Hello's from new users" to introduce themselves. In my case "near misses" is more appropriate, unfortunately.

    I'm a new rider from Ultimo, NSW. Been riding for little less than 2 weeks and have a white Ninja 300 ABS. Well, used to have one, read on for how I lost it.

    I'd share few noob mistakes and silly near misses from my first week, but since this Sunday I have a "better" story to tell.

    There are also few insurance questions, which may belong to a different forum thread, though it seems like topics under govt and insurance are more about generic news, not one man's stories.

    So, without further ado, at 6:30pm I was standing on a dashed line at a roundabout, slowly dropping the clutch towards the friction point. Just like on a pre-learners oval.

    Suddenly something pushed me from behind, noise, shock, and I'm standing on my feet, wondering why on earth the bike has been dragged from underneath me and into the road so quickly.

    I got rear-ended by a car. The guy said he was looking to the right - watching cars entering the roundabout from another street.
    Don't know how could he not see me - I was right in the middle of the lane, for quite a while already. There's still an oil stain there.

    I wasn't injured or even scratched, though my neck and back feel a bit funny. Not sure if it makes sense to see a doctor.

    Ninja was much worse off - rear wheel and axle were caught under the cars front, we used two car jacks to lift it and pull the bike out.

    Could a spinning wheel have dragged the car frame above the wheel, lift the car's front, to later have the whole contraption flipped to the side? It'd be a rather crazy explanation of how the axle managed to get caught under the car's front.

    Since it was quite dark I wasn't able to see the amount of damage. Fender was nearly made in a knot, at least two fairing panels scratched or misplaced, rear brake lever was bent and hidden under the engine. Fuel was leaking on the road.

    Pretty bad, but best news is that my right foot wasn't there when the rear brake met the road.

    Worst part - bike was 10 days old, had just 40k on the clock.

    This could be one of those "got into an accident, have no insurance" stories, except for it wasn't me who caused it. Car had insurance (very well known insurance provider), and driver instantly accepted his fault.

    Bike was towed to a shop where I bought it, I already received a claim number, and need to call them to figure out how to get a refund for the tow truck and repairs.
    Have a couple of photos of the bike on my phone, should be relatively straightforward.

    Now, few questions to the more experienced members, summarized as: what are my rights?
    and, btw, am I exposed to any unnecessary legal risks by writing this post?

    - first of all, how likely it is to get the bike written off? Is there anything I could do to improve my chances?
    My thinking is that it was a brand new "virgin" bike, repaired one will never be the same. I just want my shiny new toy back, exactly as new and shiny as it used to be.

    - workshop said they'll finish their inspection and call an assessor early next week. Then he'll need time to come down to Granville and make up his mind, then at least a week more to either repair or supply a replacement.
    Seems like I won't be riding for at least 2-3 weeks, not quite fair. Any way to get a rental bike for the time being?

    - because of all the damage, I ordered a tow truck. Now I need to get a refund from the insurer. Are there any little known things I should tell them in order for this negotiation to go smoothly?

    My learnings from this experience:

    - you are never safe, even when you ride in the afternoons around your house. like I was.

    - though I'm not at fault, it'd still be great if I had insurance - wouldn't probably be out of pocket for the tow truck, someone else would chase the other party.

    - don't know what else I could do to be seen on the road. I wasn't on the left edge of the lane, despite the fact it's better to enter the turn wide, and I had my right for the full width of it. I was in the middle of the lane. All the bulbs and right turn indicator were working - I was lit and blinking. My jacket has reflective stripes.

    - though black motorcycles usually look cooler, I didn't even consider buying one. Thought brighter color would be more visible. Having this happened on a white one - don't know what color should I've gone for for extra safety. Pink maybe?

    - even better than ever I do understand why people put those annoyingly loud pipes on.

    - most important: don't rely on others, what they do often makes little sense. I chose a peaceful street, but that also meant others are not as vigilant there as they are supposed to.

    There's a pre-learners exercise to do an emergency stop and switch to the first gear at the same time. It's supposed to give you a chance to run away if someone's coming after you.
    I thought it could only happen immediately after the stop, in busy traffic. How wrong I was.

    What do you think about this way of welcoming me to the big wide road?

    Any advice for the upcoming second attempt to build up my riding confidence?
  2. With out a pic its hard to say, but on a cheap bike with a good rear ender its a pretty good chance it will be written off.

    all the little bits add up and things like sub frames and plastics are expensive.

    I'm gonna go out on a limb and assume you bought the bike from SCM and the Bike is now at their smash repairs?

    they will write and extensive list of OEM parts and the costs will very rapidly add up when you consider the value of your bike it will quickly become uneconomical to repair and be declared a total loss.

    I was rear ended a while ago and the damage was minimal almost completely cosmetic and the repair bill ran $11,500 my bike was borderline as to whether it would be written off. but I have new for old replacement and a new bike would be around $22k.

    anyway long story short the bike got repaired and came back like new there is no sign of the bike having ever been repaired, my front rim was replaced and that wasn't even damaged in the collision but had a graze in it from a pot hole so the bike came back better than before the crash.

    the accident you described is very common even if the driver had seen you and stopped, it is common for them to think you have moved off when you haven't and drive forward while looking to the right.

    Shit happens its part of riding and just being on the road in general.

  3. Hi! :) Don't know much about the rest- but ALWAYS see a doctor. I've been told many times to always go in after an accident, get checked out, it will be on file then, and if something happens 10 yrs later as a result of the accident, you're covered somehow? :)

    Glad you're okay- sucks about the bike, but they can be replaced. And welcome to NR :p
  4. Welcome, i wouldnt beat yourself up over it getting rear ended in a situation where you normally dont need too and generally shouldnt filter (that is, coming up to a roundabount, i find most sydney drivers suck at them enough without adding a filtering bike in the mix, so mostly i dont filter there) sounds like you were just unlucky but it does pay to try to keep an eye on your mirrors, maybe fit blind spot mirrors if your mirrors are shit (like many bikes) and try to keep an eye on them when your riding slow or stopped, also flashing the brake lights by pulsing the leavers can really help make your position known to other drivers. Sadly i think they are looking out for the rolling lawsuits (cyclists) with their flashing lights more than they look out for motorcycles. But anything to keep you more visable.

    Dont worry too much about your bikes colour or your gear colour, your bike has lights on the front and back that are outputting light which then diminishes via inverse square law, if you have a jacket thats white or a bike thats green, its only going to be reflecting the light around it, rather than actually putting out more light. Long and the short of it is, if they cant see your tail light, they wont see your reflective piping. If your really worried stick a bicycle rear flasher light to the back of your helmet, that would probably do a great deal for night time visability.

    But yeah basically dude, not much you could have done, count yourself as just unlucky and hope it doesnt happen again and next time with strategies like flashing rear tail light it probably wont.
  5. Always watch your mirrors. That's one thing I learnt very early on after being the victim of a serious road rage attack. While I didn't get away from it, it did give me enough time to prepare for what was coming.

    Keep your head up and be glad you weren't noticeably injured, and please see a doc right away.
  6. Not a good introduction Paul. See a doctor, some injuries can be more serious than they initially look. Also if you need to make a claim for any ongoing injury against your third party insurance, TAC or CTP then an initial doctors assessment will be worthwhile.

    It's hard to guard against other drivers inattention, you seem to have done the right thing in road placement. I would make one point in that you were moving forward on the friction point of the clutch. Probably means you had disengaged the brakes and so the brake light had gone off. Not a criticism, you are a new rider but it is worth remembering that people may see the brake light go out and then start to move while checking approaching traffic. Not good practice on their part but it happens.

    It doesn't take much to write a bike off now days, fairing damage, back wheel damage, possible frame damage I would say its likely to be written off.

    Glad you are OK.
  7. Thanks guys. Speaking of doctors - do I need to claim it through other driver's CTP, or just call the insurance I had on the bike?

    I've read about flashers that you install into the braking light's circuit. Might look into those a bit more.
  8. Hello, Welcome, Sorry to hear about the accident.

    Hopefully you have used all your bad luck!

    The tow fee shouldn't be a problem. Give them a copy of the bill, they should pay it. Fast is something insurance companies rarely do with cheques though.

    I was back-ended in traffic in May, I was uninsured and not at fault. Sadly you (a little person, as was I) are dealing with the big end of town. Without an insurance company of your own to even things up, it can be a pain.

    As you are not the insured, new for old is probably not guaranteed. My bike was written off, so the company (F*cking RAA in SA) deemed a market value (no correspondence will be entered into), the fee for tow and storage (half of the storage) was added, then the disposal value of the bike deducted (Pickles quoted a price to RAA for the disposal), Pickles sent me the cheque for the disposal (at least a month before anything from RAA). On a side note I am a customer of RAA for a car and three houses, it didn't seem to matter.

    Because I wanted to argue some points with them (to no avail) it took them weeks to REVIEW (sit on the paperwork) things and change nothing. It took two months to get my money. They wear you down, and they know it isn't enough to get a lawyer for, so they know you will surrender.

    Sorry I am not giving you a happy story, but this was my experience. Maybe the company involved in your accident is better.

    I hope it works out for you though!

    Your injuries are through CTP.

    Did you report it to the police? If you haven't do it.
  9. Police attended - it's Sunday night, they don't want any paperwork... minor accident.
  10. In 75000 kms of city riding I've never had anyone come close to rear ending me. You've just had some incredibly bad luck. I wouldnt worry too much about the flashing lights. It won't help. But I agree with cj. Make sure the break light is on until you are away. Keep the foot on the rear until you are away.
  11. #11 TOH89, Sep 24, 2013
    Last edited: Sep 24, 2013
    It's good to know that every part of you still intact. The bike itself is another story.
    If I were you I'd think like... Okay I'll find a new bike whether I get refund or not because as long as we live money is already there to find.
    I was involved in an accident once and has no insurance on me , the other guy and I came down to agree who is at fault exchange licence number and phone number. Two days later insurance company called me and gave details of what to be fixed and costs. It's pretty much about agreements and I felt like insurer tried to avoid anything has to do with laws as long as both vehicles are fixed and riders are happy about how things solved.
    But again , its good thing if your bike is insured . Now I am a bit smarter and bought my bike with loan, and the loan comes with insurance cover the bike itself. It's the first time I do this way though , I think its good idea and the company who gives loan doesnt want anything bad to happen to the bike before the contract is finished.

    Anyway, wish you the best luck.
  12. You dont need to install anything just click the leaver on and off in a fast motion and your back light will flash. I disagree that it wont help, i have found it makes car drivers slow down very early on behind me and i have also found in about 50,000km of riding that nobody has rear ended me, maybe im just lucky and its just coincidence, but with rear enders there is so little you can do to stack the odds in your favor, every little thing that might help, is worth it.
  13. Bike will have frame damage, means write off.
  14. Don't know about where you are, but here they give you a Police report number, and you quote it to the CTP insurer.

    Definitely see the doctor though

  15. I'm pretty sure you'll only get a police report # only if they took a report of the accident which in this case they didn't as they considered it "minor" (or at least decided to consider it minor as they didn't want to do the paperwork...)
  16. Thank you for all your advice guys. Hope to learn and practice it, to do better next time.

    BTW, while I agreed that flashing the brake light could be better in that situation - I never said I was off the brake when I got hit :)
    I usually get to friction point with fully engaged rear brake, and after I hear engine sound drop I start to release the brake. Not sure it's the right technique but it feels safer that way and it's what I've been told on a pre-learner course.
    The reason right foot didn't end up under the bike is there was that short moment between jolt and bike gone. Maybe I was airborn for an instant and spread my legs, maybe I tried to get feet on the ground. Have no idea what I was doing really, a lot was happening too quickly.

    One question remains (should probably research it myself, please forgive laziness) do I claim through his or mine CTP insurer?
  17. Edit: I'm an idiot. Mistook CTP for TPP. You probs should get a lawyer.
    • Like Like x 1
  18. In NSW you can call the police assistance line and make a statement of the event and receive a COPS event number.
  19. My advice is to see a Doctor, and straight after, a solicitor, have him handle all the legalities, as well as claiming his costs too.
  20. why? Other driver admitted fault, his insurance is taking over, why the solicitors???
    • Agree Agree x 1