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NicolaMarie

Joined:

Jun 13

Posts: 3

NicolaMarie says:

Need advice after being hit by a car!

Hi everyone,

 

Last week I was ploughed into from my left hand side on a small street by a guy coming out of the pub car park who didn't bother looking in the direction he was driving as he 'was turning right and had to keep an eye on oncoming traffic'.

 

I was riding slowly alongside standing traffic (max 20mph), on the right of the cars but still in my lane so I wasn't undertaking. I saw him standing in between the cars at a 90 degree angle so slowed right down and revved my engine to let him know I was there.

 

As he was not moving I started to slowly ride past him but he put his foot on the accelerator and hit my crash bung side on, resulting in my sliding forwards and dropping the bike which slid down the road on its side with me next to it.

He got a small dent on his bumper. My bike was hit side on, saving my leg but denting my frame making it a write off. Needless to say I'm heartbroken and my RPHA-10 needs replacing.

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  • Posted 2 years ago (17 June 2013 16:25)

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NicolaMarie

Joined:

Jun 13

Posts: 3

NicolaMarie says:

Need advice after being hit by a car! (continued)

I love my bike dearly and have been riding it safely for the last 1.5 years in Central London as I was living in Camden until last week. I am a very careful driver and would never do anything to harm myself or my bike, which until last week was pristine and my pride and joy.

 

My insurer (CIA) are now "advising me to adjust my expectations" as they believe the other insurer will argue to split the blame 50-50 as I "was filtering and therefore knowingly engaging in a hazardous activity" (even at less than 10mph?). I have three witnesses but am not allowed to find out what they said.

 

I have never had an accident before (not even a speeding ticket!) so I need advice from more experienced people. I need to fill in a detailed accident report so it would be good to know what I need to write.

 

Thanks!!

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eatcs01

Joined:

Aug 02

Posts: 3293

eatcs01 says:

ACIC

You need ACIC on here. Filtering is perfectly legal.

PS. What's an RPHA-10??

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philehidiot

Joined:

Feb 09

Posts: 4781

philehidiot says:

Filteringq

is perfectly legal and recent cases have set a precedent that car drivers are at fault if they ram into you. I was hit by a prick whilst filtering who lied to his insurance company. I ended up with no blame.


You need to change the solicitors representing you if they have this attitude. What if there was a police car, what if it was a cyclist? The car driver has a duty of care to other road users and also a duty to look where he's friggin' going. He was driving without due care and attention as far as I'm concerned. Also, if he hit you whilst you were still in your lane it means he was not in full control of the vehicle as he went onto the other side of the road. Regardless of what you were doing on your side of the road, he should not have crossed into your lane and should have looked left right left. It sounds like he's admitted  to not looking where he was going and as a result this should be a straightforward case. Your insurers are just morons.

Diagrams are useful with annotations. Stick to the truth and facts without opinion. Ideally I would also do a list of events. Show that you had a riding plan - i.e. you were taking in the hazards, planning and adapting your riding to suit.

E.g. "I was filtering slowly alongside traffic with a good road surface and plenty of room without crossing into the oncoming lane. I saw the junction with a car waiting to pull out and so adjusted my speed, checked there was adequate space and kept to my side of the road" In that sentence you've demonstrated that you've seen the hazard, used the information available to you, adjusted your speed accordingly and ensured you were out of his way. You've demonstrated good observation, planning and careful use of the road whilst making progress but with the expectation of a reasonable level of care and attention from other road users. That he failed to look and crossed / straddled the white line means that he failed to provide a reasonable level of care and attention and as a result is a twunt.

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NicolaMarie

Joined:

Jun 13

Posts: 3

NicolaMarie says:

Market value?

philehidiot 


Thank you this sounds great, and exactly like I was going to write! I've been riding in Central London (NW1) for 2 years without even a speeding ticket. Now I'm having to prove I'm careful.

Also, the insurer's engineer came to look at my bike today and I was able to show him that up to the crash, it was in perfect condition. He then said I shouldn't expect more than current trade value for a second hand bike and that my extras I paid good money for (covert wired alarm, ignition wired heated grips, R&G crash bungs and datatag) "don't add value, just make the bike more sellable".

Do I have to accept this?

Thanks!
NicolaMarie

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Ginnelli

Joined:

Mar 07

Posts: 272

Ginnelli says:

Need Advice.

Hi. Just read your post. 1st point I reved my engine to let him know i was there. You should have used your horn, this may be why your insurance will say its a 50/50 claim. As for your extras fitted to the bike the insurance will only pay out on a standard bike unless you had them included on your policy. ( i could be wrong here.) I would see if they are prepaired to increase there offer. Can you get a copy of the statements the witnesses have made. Hope this Helps Ginnelli.

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smidget

Joined:

Nov 07

Posts: 2454

smidget says:

HI N.....Marie

eatcs01 Has given the best advice, which is to contact ACIC who is MCN legal eagle.

www.bikelawyer.co  

Contact them and you will get solid help and advice, which is what I did when I needed a good legal team which do work for the client. 

P.S. it costs nothing to change legal team. 

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philehidiot

Joined:

Feb 09

Posts: 4781

philehidiot says:

hoping this works.

-information stage, split into taking, using and giving information (e.g. seeing a junction with other traffic, deciding where you're going and then giving a signal). here you gave information in that you revved your engine. Using the horn would have been ideal although you could justify this by saying the horn is quite pathetic and the exhaust note is louder when revved than the horn. This is the beginning stage and runs throughout the whole thing. It includes things such as considering road surface conditions, taking in mirrors, other traffic, upcoming hazards, etc.
-position - considering position on the road for maximum visibility (seeing and being seen - make sure you make clear you were easy to see, if you were wearing any high vis or bright colours, make this clear - hivis can make a big difference to perception of how incompetent someone has been), best navigation of the hazards, etc.
-speed - adjust your speed appropriately for the hazards, surface, weather conditions, surrounding wankers in tin boxes, etc.
-gear - select the correct gear to ensure you have maximum flexibility in terms of engine braking and acceleration if required. Also, if you were in first gear you can say this was chosen in order to make as much noise as possible.
-consider lifesaver (irrelevant here, really)
-acceleration -accelerate smoothly back up to road speed, again probably not relevant here.


The difficult thing is that if you see a car in that position when you're filtering, you're best off stopping and ensuring they've seen you or letting them finish pulling out. You may take some blame here.

I do take exception to filtering being a hazardous activity - cyclists filter all the time. It's the point of riding a bike. Adequate observation from idiots in boxes means filtering shouldn't be an issue.

I hope my slightly drunk, definitely high ramblings help.

[This Reply has been modified by the Author]

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ACIC

Joined:

Apr 06

Posts: 367

ACIC says:

Accident

Based on what you say you should succeed at between 75% and 100%. I would need to see the police report, witness statements, road layout etc to be more specific and provide a solid view. Kind regards, Andrew Campbell, Bikelawyer Motorcycle Accident Solicitors. MCN Legal Expert.
www.bikelawyer.co.uk Tel 01446 794169
email info@bikelawyer.co.uk

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gravy1

Joined:

Apr 06

Posts: 58

gravy1 says:

tricky

I'm assuming that someone had stopped to allow him out and you were filtering past the stopped vehicle. If that's the case he had assumed all vehicles had stopped from that direction and had moved without a safety glance. It does not excuse him from his responsibility (especially as it may have resulted in a more serious or fatal accident) however it is a grey area. I would think I would be happy to get 90% but realistically expect 70%. As for extras, after-market add ons.... unless you were paying a higher premium to include them I doubt they are taken into account. I hope you sold the original items that were replaced and taken off anything I could to sell. Unfortunately I've never come out off any accident that didn't cost me money regardless of who was at fault. 


The most important thing is YOU are ok and items can be replaced.

[This Reply has been modified by the Author]

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charlaliu

Joined:

Jul 13

Posts: 1

charlaliu says:

good read =)

:smiley: i enjoy my bike too but not nearly as you do

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