Is this XJ600S Diversion a good deal?

Is this XJ600S Diversion a good deal?

Author
Discussion

moanthebairns

17,939 posts

198 months

Thursday 29th January 2015
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Didn't his insurance sort it out

13aines

Original Poster:

2,153 posts

149 months

Thursday 29th January 2015
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Nope... I didn't hit him, and there were no witnesses, and no cameras around. My word against his sadly and he's a lying bd.

McClure

2,173 posts

146 months

Thursday 29th January 2015
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13aines said:
Nope... I didn't hit him, and there were no witnesses, and no cameras around. My word against his sadly and he's a lying bd.
frown sorry to read about your injuries, hope you fully recover soon.

Some (in fact "most" it seems these days) people are scum.

julian64

14,317 posts

254 months

Friday 30th January 2015
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Holy f***. Just read this. Hope you are okay.

When it comes down to it the bike doesn't matter compared to the damage you took. Bikes are meant to be ridden and the bike probably had more fun with you in the last month than it did in the last four years waiting for my wife to ride it.

The problem with that bike is that the sum of the parts rapidly mount up to more than the cost of the bike because of its age. I remember looking on ebay for a new tank for it to see if that or lining the tank would make more sense. Ebay was full of people trying to sell bent of damaged tanks that were obviously heaviy crash damaged for ridiculous amounts of money.

On the subject of seeling it I'm sorry this happened to you. But it might be worth more as parts on ebay.

Vincefox

20,566 posts

172 months

Friday 30th January 2015
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Sorry to hear about your off, glad it's not worse.

Personally i'd patch it up and keep it as a winter/wet bike. I bought an old vfr750 last year and have been able to ride it in all weathers and conditions, it's pretty liberating having an old cheapy 'wet' bike to use. Keeps your hand in and stops you getting rusty without knackering your good bike.

13aines

Original Poster:

2,153 posts

149 months

Friday 30th January 2015
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julian64 said:
Holy f***. Just read this. Hope you are okay.

When it comes down to it the bike doesn't matter compared to the damage you took. Bikes are meant to be ridden and the bike probably had more fun with you in the last month than it did in the last four years waiting for my wife to ride it.

The problem with that bike is that the sum of the parts rapidly mount up to more than the cost of the bike because of its age. I remember looking on ebay for a new tank for it to see if that or lining the tank would make more sense. Ebay was full of people trying to sell bent of damaged tanks that were obviously heaviy crash damaged for ridiculous amounts of money.

On the subject of seeling it I'm sorry this happened to you. But it might be worth more as parts on ebay.
Thanks Julian. Yeah i'm okay - thankfully i've been very lucky to require no surgery, or even the metal halo which initially were the best options. Also fortunate to not have broken any limbs as that would have made life tricky - at least after a couple of days I was able to get up and have a walk about which has certainly aided my recovery.

Yes, it would be a write off without a doubt if there was an insurance claim. Thats the only positive of there not being an insurance claim - its too tidier bike to write off! There are front fairings on ebay for £100-200 that aren't in very good condition... it's madness. Thats the bit I know i'll struggle the most to find if I try to get it back to how it was. If I were to keep it i'd just repair the cracks and live with it though.

I think I could easily make more than £500 if I were to break it but I really don't have the time until the summer, and my stepfather wants some space back in his garage desperately so it's got to go.

Vincefox said:
Sorry to hear about your off, glad it's not worse.

Personally i'd patch it up and keep it as a winter/wet bike. I bought an old vfr750 last year and have been able to ride it in all weathers and conditions, it's pretty liberating having an old cheapy 'wet' bike to use. Keeps your hand in and stops you getting rusty without knackering your good bike.
Thanks mate.

It was very liberating having something I could fill up the topbox on and use in any weather, and leave anywhere without concern. Although its a dull bike, I really enjoyed it for that reason alone!

However, i've realised that motorcycling is risky enough and you can get messed up pretty bad in small accidents. I don't want to put my family through something like this again. I considered swapping for a BMW 330ci and buying a track bike when I get a decent grad job and can afford to do plenty trackdays, but I can't bring myself to swap the Daytona for a car yet.

This year I won't be riding until the summer so i'll just ride the Daytona, and next year I think a good compromise on risk would to be to just ride when the conditions are good, so again, i'll just ride the Daytona.

If I ever choose to ride in the winter again I shall try to twist my partners mum into selling her barely used Fazer 600 to me - I think the engine in that would suit me much more.

LoonR1

26,988 posts

177 months

Friday 30th January 2015
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What do you mean he's a lying bd? Who's chased him? Get a set of solicitors onto him sharpish. Do you have Legal Expenses cover on any motor policy? If so, use that amd get him in court. He'll st himself long before that. Police side of things is completely irrelevant.

13aines

Original Poster:

2,153 posts

149 months

Saturday 31st January 2015
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LoonR1 said:
What do you mean he's a lying bd? Who's chased him? Get a set of solicitors onto him sharpish. Do you have Legal Expenses cover on any motor policy? If so, use that amd get him in court. He'll st himself long before that. Police side of things is completely irrelevant.
He stopped, and when the police arrived they took statements from him and witnesses, and then shortly after came to see me in resuscitation at the hospital (bit soon I feel!) and I gave a hazy account high on meds. He claimed he didn't pull out of the sideroad, I claim he did.

The part I have neglected to mention is somehow, god only knows, he has a witness that sides with him - he did not pull out of the sideroad. I wish i'd be conscious, to hear what he was spouting at the scene and argue it, but alas I wasn't.

I'm cannot believe this is true though as I would never have taken such evasive action if he hadn't begun to pull into my path, but as said my memory of the accident is hazy at best. All I can picture is going for the only gap I could (between his car emerging on the left - to turn right - and the kerb on the opposite side of the road) and in the process braking too hard for the conditions and ste tyres. I think I began to lowside, saved it, then highsided.

I also happened to be speeding a little in this 20 zone, but I cannot recall by how much - police said there was evidence to prosecute me for speeding but since I was the only party injured they wouldn't.

It was dealt with for me while in hospital. My stepfather (ex TVP) spoke to the policeman who was at the scene on the phone, who gave the information about the speeding. That was the end of it. I wasn't in a position to sort anything or argue with my family dealing with it I suppose. I know its weak, but thats just what happened.

It was 11 weeks ago on monday.

Edited by 13aines on Saturday 31st January 01:27

LoonR1

26,988 posts

177 months

Saturday 31st January 2015
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Still doesn't mean you can't go for it. It's a civil matter, speeding or any police stuff is a criminal matter and not directly connected.

The question is, on the balance of probabilities did he pull out on you? If a court sides with you then you win 100%. It's unlikely that it'd make it to court as he would probably push it all the way then cave in, much like the dick did with MTB last year. Who is the witness? Is he known to the driver? Quite possibly their testimony would be disregarded if they stand lose out financially, or are known to each other.

Did he pull out though? You do sound like you're not so sure now, whereas you were very clear earlier on in the thread.

13aines

Original Poster:

2,153 posts

149 months

Saturday 31st January 2015
quotequote all
LoonR1 said:
Still doesn't mean you can't go for it. It's a civil matter, speeding or any police stuff is a criminal matter and not directly connected.

The question is, on the balance of probabilities did he pull out on you? If a court sides with you then you win 100%. It's unlikely that it'd make it to court as he would probably push it all the way then cave in, much like the dick did with MTB last year. Who is the witness? Is he known to the driver? Quite possibly their testimony would be disregarded if they stand lose out financially, or are known to each other.

Did he pull out though? You do sound like you're not so sure now, whereas you were very clear earlier on in the thread.
I can't believe that he didn't pull out on me - I cannot believe I would have reacted like I did if he just approached fast and braked hard. On the other hand though, I have no proof that he did. I have no evidence or a witness siding with me.

I have no idea who "his witness" is, it doesn't say anything about witnesses on my forms from the police.

I feel like it's a st state really, because I was unconscious I couldn't speak up or contest anything he was saying, and it feels like he has himself a witness and I don't. Perhaps I just feel like that because the witness isn't siding with me, but I can't believe himself or the witness are telling the truth.

I'm astonished an accident like this would have happened to me if he didn't pull out. It's just not very feasible - but then I was face down on the road so I don't know where his car was before he moved it, or where I (or my bike) was on the road.

Edited by 13aines on Saturday 31st January 01:36

LoonR1

26,988 posts

177 months

Saturday 31st January 2015
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Then use your Legal Expenses and claim against him. It's not difficult to do it amd it won't cost you anything if you have one of those policies. A broken neck is not a minor whiplash claim, it's a genuine and serious issue.

13aines

Original Poster:

2,153 posts

149 months

Saturday 31st January 2015
quotequote all
Interesting, thanks Loon. I've not really had any other viewpoints, and I guess i'd just put it to the back of my mind and moved on (until I go over it again) rather than being pissed off everyday about it.

My policy with a famously bad three letter insurer included legal cover but literally just ended (27th) and I haven't renewed yet frown

Maybe I should have already initiated a claim, but my stepdad kinda lead me to believe that my only/best option was to chalk it up to experience, since the police were not going to prosecute me for speeding, and my insurance company didn't have to know about anything. But his view on speeding is very different to mine being ex traffic. I think he thinks I was significantly over the 20 limit and i'm lucky i'm not in the st for as it is - don't know though.

Had I still got the policy and initiated a (civil) claim using the legal cover would an accident then be on my record and my insurance premiums affected? What would there be to lose if I didn't win?


LoonR1

26,988 posts

177 months

Saturday 31st January 2015
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13aines said:
Interesting, thanks Loon. I've not really had any other viewpoints, and I guess i'd just put it to the back of my mind and moved on (until I go over it again) rather than being pissed off everyday about it.

My policy with a famously bad three letter insurer included legal cover but literally just ended (27th) and I haven't renewed yet frown

Maybe I should have already initiated a claim, but my stepdad kinda lead me to believe that my only/best option was to chalk it up to experience, since the police were not going to prosecute me for speeding, and my insurance company didn't have to know about anything. But his view on speeding is very different to mine being ex traffic. I think he thinks I was significantly over the 20 limit and i'm lucky i'm not in the st for as it is - don't know though.

Had I still got the policy and initiated a (civil) claim using the legal cover would an accident then be on my record and my insurance premiums affected? What would there be to lose if I didn't win?
The legal cover with MCE was in place when the accident happened. They should be fine. By the same to,en, even if it's not they should take it on, as it's got legs. You have loads of time to bring a claim, up to three years so there's little to worry about on the timescale side of things.

Forget the police amd forget your stepdad. There are two parts to our legal system; criminal and civil. The police deal with criminal matters, where the burden of proof is beyond any reasonable doubt. Insurance and claims against others are civil matters which need to be proved on the balance of probabilities. Put simply, I' m pretty certain that you did something. In a criminal court you are found not guilty, in a civil court you lose.

Why this obsession with whether a claim will be logged against you? Firstly, you broke your neck amd broke other bones, as a result of the action of someone else. That should matter more than anything else. However, to put your mind at rest injury claims are brought personally and are considered uninsured losses. Your insurer does. It claim them for you, nor are they involved at all. The legal expenses policy is a bolt on separate policy, so you contact the solicitors directly not your insurer. This is a serious injury and the layout could well be into five figures depending on length of recovery and any long term impact.

Claim, or at least speak to them and see if a solicitor agrees that you have a chance of success.

13aines

Original Poster:

2,153 posts

149 months

Saturday 31st January 2015
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It sure does!

Thanks for the advice Loon, i've learnt something new - really appreciate it. I'll have a think.

Vincefox

20,566 posts

172 months

Saturday 31st January 2015
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Biker's Nemesis said:
What doesn't kill you makes you stronger
Aright hippy, knock that st off.

moanthebairns

17,939 posts

198 months

Saturday 31st January 2015
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I'm staggered you haven't went down the legal process yet

13aines

Original Poster:

2,153 posts

149 months

Saturday 31st January 2015
quotequote all
st happens. Milking something for every penny it's worth isn't my bag, but when I mull it over I do get pissed off about the implications of this, yes.

The bike is now worth probably £200 less than it was, maybe more. I paid £180 in recovery and storage fees.
Lost a £100 jacket, £180 helmet and £40 pair of jeans. I couldn't work over christmas like I usually do during uni break so £850+ down.

And the biggest non-financial implication: completely fked up my term at uni - missed exams and plenty of coursework and still barely rectified.

So yeah I suppose £1,500 to cover the financial side of things would take the edge off it, but I absolutely despise the "where there's blame there's a claim" culture.

moanthebairns

17,939 posts

198 months

Saturday 31st January 2015
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Away don't talk pish. If your statement is correct you have been wronged both morally and ffinancially.

It's about justice.

It won't be 1500 for a broken neck.

I got 12500 for my bike, gear, and injuries. Plus they let me keep the bike.

N Dentressangle

3,442 posts

222 months

Saturday 31st January 2015
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13aines said:
Lost a £100 jacket, £180 helmet and £40 pair of jeans.
What size are you? You can have this one for free if it's any use:



42" - 44" chest or so. Only a cheapo Frank Thomas, but it'd do for tatting about.

13aines

Original Poster:

2,153 posts

149 months

Saturday 31st January 2015
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Well it certainly seems mad not to look into it, so I will.

Regarding the jacket, if you don't need it that would be great and tremendously kind of you. Thats the size I generally wear and even looks similar to the RST that was cut off. I dug my old Wolf jacket out but it's a bit worse for wear these days and I planned to buy one to replace the RST before summer.

Where abouts are you? If you're local great, else I'll gladly cover the postage smile