Can you claim off insurance of someone who hasn't hit you?

[snowdude2910]

Evening all, could anyone settle a discussion for me? A guy at work has dropped his bike. He was in the left lane of 2 lanes of traffic approaching a set of traffic lights, driver in right hand lane has flashed a car coming from the other direction who is waiting to pull into her driveway on his left. This car has pulled halfway accross his lane they've both seen eachother and braked. She's stopped safely halfway accross his lane and he dropped the bike about 3ft short of her car, the police made the other driver give him her insurance details but I'm of the opinion that he can't claim off her insurance anyway as although she's caused him to perform an emergency stop it is his fault he dropped the bike. So what's the deal do we think? Just to add I'm not claiming I wouldn't have dropped the bike I'm just saying from 10mph and with 3ft left to spare there are plenty of bikers out there who wouldn't have dropped it, from what I gather he stopped and then fell over if that makes sense.

[Tribal Chestnut]

[Tribal Chestnut]

He can try, I imagine his insurers will pay up if fully comp, but it's his poor anticipation and cack-handedness that caused the drop, by the sound of it, so i'd be veey surprised if he got anywhere with hers. Why were the police in attendance?

[V8forweekends]

Slightly o/t (and honestly not having a go) OP - you are using that new past tense that the Police seem to have invented - I find this fascinating, anyone know if there's a name for it? (like past imperfect etc)

[black-k1]

To get money from her insurance your friend would have to show that the damage to his bike was her fault. I would suggest that would be difficult in the circumstances described.

[Wacky Racer]

black-k1 said:

To get money from her insurance your friend would have to show that the damage to his bike was her fault. I would suggest that would be difficult in the circumstances described.

[steve954]

Isn't moanthebairns doing a claim like this at the mo?

[TT Tim]

This is the same scenario I was in a while back. Albeit a little quicker at around 20mph.

Bloke pulled out of a queue of traffic with no warning, without indicating, straight in front of me. I had 2 options, hit the car or drop the bike.

I dropped the bike, by doing so I didn't hit the car that pulled out on me, I did however roll across the road and ended up with my head stuck under another car jammed up against its exhaust tail pipe!

I took all the details of all parties, including the nasty little toe-rag that subsequently tried to claim off my insurance for existing damage to his car, point to note - ALWAYS TAKE PHOTOS AT THE TIME.

The 3rd party excepted full liability and the claim was settled in my favour.

If he caused the accident, pursue the claim.

Tim

[moanthebairns]

steve954 said:

Isn't moanthebairns doing a claim like this at the mo?

yes, a car crossed my path at 55 mph ish, i took action and avoided him but binned it

never went through my insurance due to high excess, st payout and buy back.

he was charged and is due in court on dangerous driving (although this has nothing to do with insurance matters).

he is denying it due to this so his insurance wont pay out.

the solicitor im using has now opened a civil case up in court suing for my damages.

[LoonR1]

Generally the answer is yes.

In the circumstances described it's highly unlikely although he may get a nominal amount of contributory negligence from the car driver c20% at best.

[Rubin215]

V8forweekends said:

Slightly o/t (and honestly not having a go) OP - you are using that new past tense that the Police seem to have invented - I find this fascinating, anyone know if there's a name for it? (like past imperfect etc)

It's called historical present tense, you probably hear it in use much more often than you are aware of and it's been around for a loooooooong time:

"He took me by the wrist and held me hard;
Then goes he to the length of all his arm;
And, with his other hand thus o'er his brow,
He falls to such perusal of my face
As he would draw it. Long stay'd he so;
At last, a little shaking of mine arm
And thrice his head thus waving up and down,
He raised a sigh so piteous and profound
As it did seem to shatter all his bulk
And end his being: that done, he lets me go . . .."

(Ophelia in Act One, scene 1 of Hamlet by William Shakespeare)


Pistonheads, where tenses matter...

[vrod]

I had the driver of an enormous van pull out his driveway onto the narrow country lane while I was doing 30 mph on my ZXR750. It was hit him (probably going under the wheels as he was accelerating towards me as he was looking the other way) or bin it. In the micro second decision once the front brake locked up the skid mark shows I binned it left, ending up in his front garden.

He admitted he had not seen me as he was looking left while I approached from his right, although I had not hit him, nor he hit me, he had caused the accident. Bike was written off. When explaining to bike insurance, it came out of his insurance not mine.

I did write explaining that I did not believe anyone could stop a heavy bike like that in the distance between the skid mark and his drive, in case I was deemed to be an incompetent rider. My insurance company seemed happy to claim against him on my behalf if needed.

So I believe with the right circumstances you can claim, he may just need to justify that it as a rider he was taken by surprise or shaken up causing him to drop it.

[snowdude2910]

Rubin215 said:

V8forweekends said:

Slightly o/t (and honestly not having a go) OP - you are using that new past tense that the Police seem to have invented - I find this fascinating, anyone know if there's a name for it? (like past imperfect etc)

It's called historical present tense, you probably hear it in use much more often than you are aware of and it's been around for a loooooooong time:

"He took me by the wrist and held me hard;
Then goes he to the length of all his arm;
And, with his other hand thus o'er his brow,
He falls to such perusal of my face
As he would draw it. Long stay'd he so;
At last, a little shaking of mine arm
And thrice his head thus waving up and down,
He raised a sigh so piteous and profound
As it did seem to shatter all his bulk
And end his being: that done, he lets me go . . .."

(Ophelia in Act One, scene 1 of Hamlet by William Shakespeare)


Pistonheads, where tenses matter...

I'm not sure this applies does it? "The police made her give him her insurance details" is all past tense isn't it? If I'd said "police are called and police make her give him her insurance details" that would be historical present tense wouldn't it or am I not getting it?
I'm interested to see how it works out then as it seems people have won in similar situations, it seems the police have decided she's to blame and so she has accepted liability to her insurance but from what I gather if he had swerved slightly instead of braking he'd have avoided dropping it but he wasn't to know she was going to stop in time when he made the decision so another rider may have avoided it but then he could have equally just had a bigger crash.