Help please

[Clarkey231]

On Saturday I was in a non fault accident.

I’m all insured taxed and mot no worries

as I’ve got HGV 2 license my photo card is expired, it expired in March and I’ve just posted it off to Dvla after doing HGV medical for renewal. Medical was on the 10th, posted forms off yesterday after accident on sat.
Am I in the shit ref insurance and making a claim?

bikes worth about 3.3k my excess is £300 damage is headers, sump, front wheel, fairings and 1 indicator.
Am I better to not claim to not pay excess?

thanks very worries.

 

[Clarkey231]

Other driver did a u turn, I was following him, he veered left the did I turn in front of me, I hit just in front of offside rear wheel.

 

[andyBeaker]

Clarkey231 I have moved this thread to ‘legal eagle’ section as it should get the right attention in there.

Hope it works out for you.

 

[Clarkey231]

Thanks

 

[andyBeaker]

On Saturday I was in a non fault accident.

I’m all insured taxed and mot no worries

as I’ve got HGV 2 license my photo card is expired, it expired in March and I’ve just posted it off to Dvla after doing HGV medical for renewal. Medical was on the 10th, posted forms off yesterday after accident on sat.
Am I in the shit ref insurance and making a claim?

bikes worth about 3.3k my excess is £300 damage is headers, sump, front wheel, fairings and 1 indicator.
Am I better to not claim to not pay excess?

thanks very worries.

From a limited amount of internet searching it appears that it depends on the wording of your insurance policy, some make the policy invalid, some don’t.

From what you described is the car driver admitting responsibility?

I hate to be the harbinger of doom but the damage as described may well make the bike a write off by the insurance company….those OEM bits are expensive.

 

[Clarkey231]

From a limited amount of internet searching it appears that it depends on the wording of your insurance policy, some make the policy invalid, some don’t.

From what you described is the car driver admitting responsibility?

I hate to be the harbinger of doom but the damage as described may well make the bike a write off by the insurance company….those OEM bits are expensive.

Mmmm not 100 percent he’s excepting blame to be fair

 

[Clarkey231]

From a limited amount of internet searching it appears that it depends on the wording of your insurance policy, some make the policy invalid, some don’t.

From what you described is the car driver admitting responsibility?

I hate to be the harbinger of doom but the damage as described may well make the bike a write off by the insurance company….those OEM bits are expensive.

They’ve just said they will write it off cos of age etc. a very quick eBay search I found parts fairly quickly albeit second hand or Chinese fairings.

 

[ogr1]

They’ve just said they will write it off cos of age etc. a very quick eBay search I found parts fairly quickly albeit second hand or Chinese fairings.

Take no notice of that bollox.
You can always buy it back & do it up again. I am in the same process, still waiting for the fairings painted.
If driver admits liability then you are on a winner. If not? Then it could be a long haul through the legal mediators. Either way, your summer is fooked now. You have a nice little winter project getting is sorted for next summer.

Police involved? Request footage from drivers dash/rear cam, if applicable?
Failing that, go back to the scene & check for cctv on any business premises.
Failing that, check houses for those fancy doorbell cameras. You may just be lucky catching the prick doing illegal manoeuvres on the King's highway. Good luck.

 

[ogr1]

On Saturday I was in a non fault accident.

I’m all insured taxed and mot no worries

as I’ve got HGV 2 license my photo card is expired, it expired in March and I’ve just posted it off to Dvla after doing HGV medical for renewal. Medical was on the 10th, posted forms off yesterday after accident on sat.
Am I in the shit ref insurance and making a claim?

bikes worth about 3.3k my excess is £300 damage is headers, sump, front wheel, fairings and 1 indicator.
Am I better to not claim to not pay excess?

thanks very worries.

All parts replaceable.
To give you some idea.
Both lower fairings on mine to repair & respray = £300.

Decals here.

CBR 1100XX

Decals & Graphics kit for Honda CBR 1100XX. Motor-Stickers.com - Quality and 15 Years Experience

motor-stickers.com

 

[Clarkey231]

Take no notice of that bollox.
You can always buy it back & do it up again. I am in the same process, still waiting for the fairings painted.
If driver admits liability then you are on a winner. If not? Then it could be a long haul through the legal mediators. Either way, your summer is fooked now. You have a nice little winter project getting is sorted for next summer.

Police involved? Request footage from drivers dash/rear cam, if applicable?
Failing that, go back to the scene & check for cctv on any business premises.
Failing that, check houses for those fancy doorbell cameras. You may just be lucky catching the prick doing illegal manoeuvres on the King's highway. Good luck.

Thanks for reply. I’m a bit more chilled now. I’ve just rolled bike about, seems ok, feels no different ref brakes etc.

Even with if it was 100 percent his fault I’d lose £300 in excess plus premium next year up.
im gonna do as you say and fix over autumn and winter. I’m away for next 4 weeks offshore as it is.

 

[Clarkey231]

All parts replaceable.
To give you some idea.
Both lower fairings on mine to repair & respray = £300.

Decals here.

CBR 1100XX

Decals & Graphics kit for Honda CBR 1100XX. Motor-Stickers.com - Quality and 15 Years Experience

motor-stickers.com

Thanks I love the bike so will take me time and sort

 

[T.C]

With regards to your licence, you are still licenced to drive/ride until you are 70 years old, all that has expired is the photo element of your licence which is a minor offence and unless it is proven that your lack of an up to date photo licence contributed to the cause of the crash, then it has absolutely no bearing on you making a claim against the third party not least because you are claiming off the 3rd party insurers, not yours.

You are also entitled to be returned to the financial position you would have been in but for the incompetence/negligence of the third party, therefore any excess (which is regarded as an uninsured loss) can be claimed off the third party insurers along with any other out of pocket expenses and losses (worth keeping a diary and receipts of any expenditure)

You are entitled to claim for damaged kit, any out of pocket expenses or alternative transportation if the bike is your only form of transport.

The claim procedure should be fairly straightforward and an admittance of liability should not be an issue, just bear in mind that the other sides insurers will try and reduce some of their costs by alleging what is called contributory negligence, which means they will try and look for something that you did that contributed to the crash, but stick it out and if you have a decent legal representative they should have it settled quite quickly, but bear in mind that you will probably have a claims management firm instructed by your insurers handling your case as legal costs can only be claimed back in cases worth £5,000 or more and they will probably want to hire you a bike as this is where they make their money on settlement.

I could go on (its what I used to do) but once the paperwork is submitted, then all you need to do is keep on top of the insurers as they will try and string it out, but they are legally obliged to mitigate their losses by handling the claim in an efficient and fair manner.

 

[Clarkey231]

With regards to your licence, you are still licenced to drive/ride until you are 70 years old, all that has expired is the photo element of your licence which is a minor offence and unless it is proven that your lack of an up to date photo licence contributed to the cause of the crash, then it has absolutely no bearing on you making a claim against the third party not least because you are claiming off the 3rd party insurers, not yours.

You are also entitled to be returned to the financial position you would have been in but for the incompetence/negligence of the third party, therefore any excess (which is regarded as an uninsured loss) can be claimed off the third party insurers along with any other out of pocket expenses and losses (worth keeping a diary and receipts of any expenditure)

You are entitled to claim for damaged kit, any out of pocket expenses or alternative transportation if the bike is your only form of transport.

The claim procedure should be fairly straightforward and an admittance of liability should not be an issue, just bear in mind that the other sides insurers will try and reduce some of their costs by alleging what is called contributory negligence, which means they will try and look for something that you did that contributed to the crash, but stick it out and if you have a decent legal representative they should have it settled quite quickly, but bear in mind that you will probably have a claims management firm instructed by your insurers handling your case as legal costs can only be claimed back in cases worth £5,000 or more and they will probably want to hire you a bike as this is where they make their money on settlement.

I could go on (its what I used to do) but once the paperwork is submitted, then all you need to do is keep on top of the insurers as they will try and string it out, but they are legally obliged to mitigate their losses by handling the claim in an efficient and fair manner.

Awesome thanks,

yeah my helmet was £550 and only about 15 months old

 

[Clarkey231]

With regards to your licence, you are still licenced to drive/ride until you are 70 years old, all that has expired is the photo element of your licence which is a minor offence and unless it is proven that your lack of an up to date photo licence contributed to the cause of the crash, then it has absolutely no bearing on you making a claim against the third party not least because you are claiming off the 3rd party insurers, not yours.

You are also entitled to be returned to the financial position you would have been in but for the incompetence/negligence of the third party, therefore any excess (which is regarded as an uninsured loss) can be claimed off the third party insurers along with any other out of pocket expenses and losses (worth keeping a diary and receipts of any expenditure)

You are entitled to claim for damaged kit, any out of pocket expenses or alternative transportation if the bike is your only form of transport.

The claim procedure should be fairly straightforward and an admittance of liability should not be an issue, just bear in mind that the other sides insurers will try and reduce some of their costs by alleging what is called contributory negligence, which means they will try and look for something that you did that contributed to the crash, but stick it out and if you have a decent legal representative they should have it settled quite quickly, but bear in mind that you will probably have a claims management firm instructed by your insurers handling your case as legal costs can only be claimed back in cases worth £5,000 or more and they will probably want to hire you a bike as this is where they make their money on settlement.

I could go on (its what I used to do) but once the paperwork is submitted, then all you need to do is keep on top of the insurers as they will try and string it out, but they are legally obliged to mitigate their losses by handling the claim in an efficient and fair manner.

My witness was thinking it could be 50/50 because I should have hung back instead of carrying on my course/ speed anticipating a u turn. I can’t disagree. I may chalk it up to experience. If I was defo 100 in the right I’d take it further

 

[T.C]

My witness was thinking it could be 50/50 because I should have hung back instead of carrying on my course/ speed anticipating a u turn. I can’t disagree. I may chalk it up to experience. If I was defo 100 in the right I’d take it further

A bit more detail as to the circumstances would be helpful......

Witnesses are great at talking complete bollocks in their capacity as non experts.

I can give you dozens of examples of where someone has said it is a split liability situation for doing something legitimate and legal. Undertaking being a prime example.

 

[Clarkey231]

Yes sorry I’m being vague. I was behind the car at a set off lights, two lanes going straight on, our lane a right turn Lane traffic light controlled. He’s in front of me, at red light. So my light is right behind him to see if he looks in his mirror. Lights gone green we’ve moved off and turned right. He’s then veered left over a broken line and I’ve thought a) what’s he doing? then b) he’s moved over for me. I’ve not really sped up but I’m over about a metre from the right edge of my lane. He’s then turned right across me.

 

[Clarkey231]

A bit more detail as to the circumstances would be helpful......

Witnesses are great at talking complete bollocks in their capacity as non experts.

I can give you dozens of examples of where someone has said it is a split liability situation for doing something legitimate and legal. Undertaking being a prime example.

Thanks for taking the time .

 

[Clarkey231]

Forgot to mention he’s also verbally said to me he was lost. He’s not from here.

 

[Clarkey231]

Junction photo

 

[T.C]

Yes sorry I’m being vague. I was behind the car at a set off lights, two lanes going straight on, our lane a right turn Lane traffic light controlled. He’s in front of me, at red light. So my light is right behind him to see if he looks in his mirror. Lights gone green we’ve moved off and turned right. He’s then veered left over a broken line and I’ve thought a) what’s he doing? then b) he’s moved over for me. I’ve not really sped up but I’m over about a metre from the right edge of my lane. He’s then turned right across me.

So where the hell does 50/50 come from? The witness?

Do not admit any liability even any degree of contrib! The car driver (based on what you have said) is totally at fault.

It might be argued that you should have been capable of stopping in the distance you can see to be clear, but.... At slow speed when negotiating junctions and hazards, the car driver has a statutory duty of care to ensure that he tracks an even path and does not wonder across the carriageway and he also has a duty of care to ensure that it is safe to actually change any position in the road.

Not Guilty M'Lud....