Great weekend - welcome back to Britain!
Great weekend - welcome back to Britain!
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Fats25

Original Poster:

6,260 posts

259 months

Monday 28th May 2007
quotequote all
After a great weekend in France, riding terrific D Roads, whilst riding to Caen to see the WW2 beaches, with the Mrs on the back (I don't think she would recommend 750 miles in 3 days on the back of a GSXR600 whilst carrying a rucksack!). Unfortunately weather was poor - but still had a great time.

So welcome back to Britain - 35 miles up the M20, about a mile to the M26 slip road, and inside lane is closed as there is an incident being dealt with involving a couple of coaches. Traffic is slow and I am in middle lane - doing around 20 miles an hour. I see guy changing from lane 2 to lane 3 so decide against filtering, when numpty in lane 3 decides he will take this opportunity to pull into lane 2.

He never even saw me, straight into side of bike. No idea how, but survival instinct took over and managed to get my legs down and not go over. All other traffic stops behind, and I manage to pull alongside numpty and smack the sh*t out of his rear quarterlight, to make him pull over.

He stops on the hard shoulder about 200 yards ahead of me. So I walk up to car ready to beat the crap out of the guy, but manage to calm down during the walk, and take my helmet off so as not to appear too agressive. To be fair to him, he apologised straight away, and wanted to make sure me and the Mrs were ok (By this point I had forgotten she was even there!).

HATO that are stopped at the other incident walk down the road, and make a note of reg numbers, and report an incident, and let me (and numpty) have an incident number. Unfortunately they didn't witness what happened, and no-one else stopped to say they witnessed.

Damage to my bike, scratch to fairing, ripped waterproofs, and a scraped (and possbibly bent R&G bung). This is the funny part - or at least for me it is - his car has an R&G imprint from the front wheelarch to the passenger door - although could have been the alpine stars sliders on my knee.

So we swap details, and I am gonna call the guy tomorrow, and ask him if we wants me to claim from his insurance for damage, or settle in cash if the cost is low (I suspect - and hope it is).

Two things:-

1) I have a horrible feeling the guy is gonna claim I was filtering (although I wasn't), and I know insurance companies will often pay out 50/50 without even consulting the policyholder. I don't want this to happen. Mrs says there is no way I could have been filtering, as the guy would not have pulled from lane 3 to lane 2, if there was a car already in lane 2. Hence I could not be filtering.

2) The crash bung looks bent to me, but I have heard horror stories of this happening and bending the frame. How can I tell? Do I need an expert to take a look? Obviously I want it assessed, but I don't want to pay for the assessment, as if the guy settles in cash, it would be difficult to recoup the cash. But I need to know the cost of the damage so I can speak to the guy and see how he wants to settle.

If I go to insurance and do all properly I am worried about point 1.

Can you see my dilema? Any recommendations?

Thanks






Edited by Fats25 on Monday 28th May 19:14

biker's nemesis

41,460 posts

238 months

Monday 28th May 2007
quotequote all
Fats25 said:
After a great weekend in France, riding terrific D Roads, whilst riding to Caen to see the WW2 beaches, with the Mrs on the back (I don't think she would recommend 750 miles in 3 days on the back of a GSXR600 whilst carrying a rucksack!). Unfortunately weather was poor - but still had a great time.

So welcome back to Britain - 35 miles up the M20, about a mile to the M26 slip road, and inside lane is closed as there is an incident being dealt with involving a couple of coaches. Traffic is slow and I am in middle lane - doing around 20 miles an hour. I see guy changing from lane 2 to lane 3 so decide against filtering, when numpty in lane 3 decides he will take this opportunity to pull into lane 2.

He never even saw me, straight into side of bike. No idea how, but survival instinct took over and managed to get my legs down and not go over. All other traffic stops behind, and I manage to pull alongside numpty and smack the sh*t out of his rear quarterlight, to make him pull over.

He stops on the hard shoulder about 200 yards ahead of me. So I walk up to car ready to beat the crap out of the guy, but manage to calm down during the walk, and take my helmet off so as not to appear too agressive. To be fair to him, he apologised straight away, and wanted to make sure me and the Mrs were ok (By this point I had forgotten she was even there!).

HATO that are stopped at the other incident walk down the road, and make a note of reg numbers, and report an incident, and let me (and numpty) have an incident number. Unfortunately they didn't witness what happened, and no-one else stopped to say they witnessed.

Damage to my bike, scratch to fairing, ripped waterproofs, and a scraped (and possbibly bent R&G bung). This is the funny part - or at least for me it is - his car has an R&G imprint from the front wheelarch to the passenger door - although could have been the alpine stars sliders on my knee.

So we swap details, and I am gonna call the guy tomorrow, and ask him if we wants me to claim from his insurance for damage, or settle in cash if the cost is low (I suspect - and hope it is).

Two things:-

1) I have a horrible feeling the guy is gonna claim I was filtering (although I wasn't), and I know insurance companies will often pay out 50/50 without even consulting the policyholder. I don't want this to happen. Mrs says there is no way I could have been filtering, as the guy would not have pulled from lane 3 to lane 2, if there was a car already in lane 2. Hence I could not be filtering.

2) The crash bung looks bent to me, but I have heard horror stories of this happening and bending the frame. How can I tell? Do I need an expert to take a look? Obviously I want it assessed, but I don't want to pay for the assessment, as if the guy settles in cash, it would be difficult to recoup the cash. But I need to know the cost of the damage so I can speak to the guy and see how he wants to settle.

If I go to insurance and do all properly I am worried about point 1.

Can you see my dilema? Any recommendations?

Thanks.


Edited by Fats25 on Monday 28th May 19:14
Lucky escape, pleased too hear you and the wife are Ok.

Crash Bung:

Have a look where the bolt goes through the frame and see if you can see any sort of distortion in the coating, you should also have the original engine bolt, check to see if that will screw into place without any trouble.

John.


Ewan Oozarmy

106 posts

283 months

Monday 28th May 2007
quotequote all
F*cking car drivers!!

Good to hear you and Faye are OK. I hope this hasn't put her off re-taking her DAS.

See you next month when I'm back in sunny London for a beer or 10.....

Deano

Fats25

Original Poster:

6,260 posts

259 months

Tuesday 29th May 2007
quotequote all
Ewan Oozarmy said:
F*cking car drivers!!

Good to hear you and Faye are OK. I hope this hasn't put her off re-taking her DAS.

See you next month when I'm back in sunny London for a beer or 10.....

Deano
Not put her off - in fact the weekend has encouraged her to get her test passed, really wasn't comfortable on the back for her! She is booked in for retest on 20th June. She came off a bit worse than me with a bruised knee - but no serious damage.

Will check the bike tonight for damage, hopefully the frame is not bent and he agrees to pay for damage without going through insurance. New Crash bung approx £35, waterproof trousers £30, and paintwork/plastics damage (a mate of mine owns a plastic welder/bodyshop type place) and sure it will not cost more than £100.

What dates are you back again?

I never knew that was your Pistonheads name - you talk some shit sometimes!! (just joking!)


sjtscott

4,215 posts

261 months

Tuesday 29th May 2007
quotequote all
Fats25 said:
1) I have a horrible feeling the guy is gonna claim I was filtering (although I wasn't), and I know insurance companies will often pay out 50/50 without even consulting the policyholder. I don't want this to happen. Mrs says there is no way I could have been filtering, as the guy would not have pulled from lane 3 to lane 2, if there was a car already in lane 2. Hence I could not be filtering.


If I go to insurance and do all properly I am worried about point 1.

Can you see my dilema? Any recommendations?
Sorry to hear of your incident well done on keeping it upgright! I was out at the weekend (by choice in the car) on the M25 and it was numpty central in the rain.

Personally if you wern't filtering stick to your story. Surely if the guy didn't 'see' you and pulled into an apparently empty lane containing you then how would he be able to tell either way?? Surely its a simple case of he hit you through his lack of observation.

I've had two filtering based accidents in london and with both I was held 50% to blame and on one lost no claims even though the accident was caused by the car driver failing to indicate/observe. Luckily the second incident was settled as the other party magically withdrew their claim against me after some 3months of messing around. So as my bike only had cosmetic damage I agreed to drop it too so technically no claim ever went through for the second incident.
Basically if its a simple case that the car was 100% at fault it should speed your claim through the insurance company. 50/50 causes all sorts of hassle and headaches.

Fats25

Original Poster:

6,260 posts

259 months

Tuesday 29th May 2007
quotequote all
Update..........

Just called the guy that hit me and my opening line was "Hi it is Chris Asher here, the guy you crashed into yesterday" and his response was "You crashed into me".

At which point I responded "Lets end the conversation now, and I will be in touch with my insurance company for them to pursue"

Silly man - There is probably less than £100 worth of damage to the bike, and I would have been reasonable enough to have settled outside of insurance.

I will take this as far as needs be to get this resolved, and will be telling my insurance company I will not be settling for anything less that no fault claim. Just about to write down exactly what happened and do some drawings - as I think this will drag on for a while - luckily I can still ride bike. I will keep you updated.

RemaL

25,103 posts

264 months

Tuesday 29th May 2007
quotequote all
sorry to hear the blokes being a tt about it. hope you get it sorted

Fats25

Original Poster:

6,260 posts

259 months

Tuesday 29th May 2007
quotequote all
Quick update - spoke to copper mate and he advised I reported it. After a quick call to Maidstone HQ - I have two different incident numbers, to go with the HATO reference I was given yesterday. 1 reference is for the incident, and 1 incident is for a report of bad driving (I said careless/dangerous - but it was reported as bad). I have also requested a copy of any cctv evidence, and police have said to mention this to insurance company.

Interestingly my girlfriend who was pillion can act as an independent witness. However she is a scouser so they will never believe her! (only joking!).

Seriously not sure how much she saw as she was looking over my left shoulder. What she does know is that I was riding in middle lane, and we were hit - so hopefully this will be enough. I have told them to call her and ask her what she saw, as I don't want to put words in her mouth.

Just need to get through to insurance company to report the incident now - constantly engaged all day today.

Edited by Fats25 on Tuesday 29th May 16:06

Eliminator

762 posts

285 months

Tuesday 29th May 2007
quotequote all
Write down everything that you can remember about the incident as soon as possible. Ask GF to do likewise. Your notes will be of considerable evidential value - the more valuable if they are very close to the time of the incident.

Check your insurance policy - do you have legal protection, comp or other reason why your insurer would take up arms in your defence?

Consider contacting Annies Dad - available on this forum. If you have a good case and someone competent workign it for you then you should do OK.

AND - filtering is not illegal or impropper. If you filter at high speed then OK - would be contributory. If the side of his vaehicle impacted your machine as he changed lanes then he has very little hope of getting anywhere with this. Most likely he has been speaking with "bar stool expert".

bimsb6

8,799 posts

251 months

Tuesday 29th May 2007
quotequote all
there are some right shits about ! good luck matey and don't forget to claim for damaged clothing as well.

Ewan Oozarmy

106 posts

283 months

Tuesday 29th May 2007
quotequote all
Fats25 said:
Ewan Oozarmy said:
F*cking car drivers!!

Good to hear you and Faye are OK. I hope this hasn't put her off re-taking her DAS.

See you next month when I'm back in sunny London for a beer or 10.....

Deano
Not put her off - in fact the weekend has encouraged her to get her test passed, really wasn't comfortable on the back for her! She is booked in for retest on 20th June. She came off a bit worse than me with a bruised knee - but no serious damage.

Will check the bike tonight for damage, hopefully the frame is not bent and he agrees to pay for damage without going through insurance. New Crash bung approx £35, waterproof trousers £30, and paintwork/plastics damage (a mate of mine owns a plastic welder/bodyshop type place) and sure it will not cost more than £100.

What dates are you back again?

I never knew that was your Pistonheads name - you talk some shit sometimes!! (just joking!)
Only 100 quid of damage - you should've knocked the c*nt out - well worth it, I reckon.....in fact, I'm surprised Faye didn't smack him...

I get back on 18th June and I'm there 'til mid July.

Wedg1e

27,041 posts

295 months

Tuesday 29th May 2007
quotequote all
P1553r... but I must admit that every time I go onto the Continent I can drive hundreds or even thousands of miles with a relaxed attitude, only to find EVERY TIME I come back across that within 20 miles my blood pressure has gone through the roof due to the antics of the morons on our roads.

You hear people say 'Oh the French/ Italians/ men on the moon can't drive' but the sad fact is, they can: it's the British who have the problems.

Silver993tt

9,064 posts

269 months

Wednesday 30th May 2007
quotequote all
Wedg1e said:
P1553r... but I must admit that every time I go onto the Continent I can drive hundreds or even thousands of miles with a relaxed attitude, only to find EVERY TIME I come back across that within 20 miles my blood pressure has gone through the roof due to the antics of the morons on our roads.

You hear people say 'Oh the French/ Italians/ men on the moon can't drive' but the sad fact is, they can: it's the British who have the problems.
Totally agree. I find the UK roads to be the most dangerous in Europe out of France, Belgium, Netherlands, Germany, Austria, Switzerland, Italy and Slovenia that I've driven in. This is not only in the case of potential collisions but also from aggression/road rage (by a long way). That's both for bike and car.

Edited by Silver993tt on Wednesday 30th May 04:46

Fats25

Original Poster:

6,260 posts

259 months

Wednesday 19th December 2007
quotequote all
A quick update here - as it may be useful for anyone that gets themselves in this situation.

After what happened at the start of this thread - as per a conversation I had last night, this appears to be coming to an end. I am still waiting to get in writing, but all sounds good at the moment!

The bike was assessed very quickly and damage was noted as scratched fairing, bent crash bung and that was it. Assessing garage decided that they would replace the fairing, and another set of crash bungs. All in all approx £400 worth of damage. Bike was repaired around June. Interestingly I expected to pay the garage the excess of £350 when I picked the bike up, but they never took it, and when I spoke to the insurance company (Norwich Union) they never asked for it either.

So the guy who crashed into me would not back down, and his insurers kept offering to settle this as a 50/50 claim. I refused - and this was put in the hands of the legal team acting on behalf of Norwich Union. This was around September. The first thing the legal team did was to ask for a full description and drawings of what happened - which I provided (had made all the notes at the time in May). They then asked for witness statements (I had not apart from g/f who they would not accept). I explained that Norwich Union should have the CCTV evidence as (on police advice) I asked them to obtain this when I reported the initial claim in May. (Police would not provide to me - but when I contacted them to ask for it they advised insurance company could request it).

Legal team came back to me and explained that the CCTV evidence is only kept for 2 weeks, and the police could not provide it. I explained that I knew this - hence they should speak to Norwich Union and get the evidence from them. Legal team came back to me and explained that Norwich Union did not have it. I was not suprised - but was pissed off - as without any witness evidence it was basically coming down to my word against his.

So I contacted the claims dept of Norwich Union and went ballistic on the phone, telling them that they had not done as I requested, and because of their incompetency I could lose my no-claims bonus, would be recorded as a claim on my records, meant I had to pay excess etc etc. Basically I spoke to 3 people before I finally reached someone at the top level - who admitted they were negligent in the service they had provided to me. I took the guys name, contact details, and got him to e-mail me with a summary of the conversation we just had. We agreed that when this goes to court - if the outcome is not found in my favour 100% then Norwich Union would still class this on the insurance systems as a non-fault claim, I would not have to pay excess etc etc.

At the beginning of December I get another letter from legal company asking if I would settle 50/50 on this! I was fuming - every person in this whole process I have said I will not settle 50/50 and that the 3rd party is 100% at fault - and I am willing to take this as far as necessary to court. So I send a letter back to them - basically giving my reasons why I will not settle 50/50 and I give them 2 options:-

1) Lets go to court and do everything we can to fight it. If I do not achieve this being recorded as a non-fault claim, I will follow up with Norwich Union (as above).

2) If Norwich Union decide it is not in their interests to pursue through the court - then that is their decision - but I expect no excess, full no claims restored, no record (apart from non-fault incident) etc etc. Also unrecovered losses (damage to trousers, petrol to get to approved garage etc).

So last nights phone call - basically they are going for option 2.

I don't feel like I have won - as the 3rd party tt, is going to see that this is settled as 50/50 and think he has got away with it. It is acyually really annoying me - but this is one where I can't cut my nose off to spite my face - and am going to have to accept the best thing for the cost to me.

As well as the costs above - when I renewed my insurance in July (because of the above) I had 0 no claims bonus, so my insurance was approx £550 instead of approx £250. I managed to get the broker to agree in writing that providing this was settled in the forthcoming insurance year, that the underwriter would refund the £300 additional premium, with no hidden costs for policy change. So there is this cost that I needed to think about as well. Ironically the underwriter for this years policy is Norwich Union! Just need to wait for this in writing before providing the broker and collecting my refund.

It shouldn't need to be this much hard work - but it is worth persevering and taking this as far as you can.

podman

9,085 posts

270 months

Wednesday 19th December 2007
quotequote all

Phew! Glad you got a partial happy ending to it anyway…Just goes to show that keeping notes, names etc is critical in these situations

Good work anyway mate

patmahe

5,920 posts

234 months

Wednesday 19th December 2007
quotequote all
Ewan Oozarmy said:
F*cking car drivers!!
Firstly I hope the OP and his wife are both ok and this all gets sorted correctly

Secondly in relation to the comment above, we're not all anti-biker lunatics y'know. Many of my mates are into bikes and I always try to be courteous, aware and ease over a little to let a biker past if he/she wants to go. I also hope to join the biker ranks some day.

What you need to remember is there will always be tw@ts and these tw@ts will remain tw@ts whether they are in a car, on a bike, at home etc... but please don't assume on the actions of a few that all car drivers are thoughtless morons like this guy was, there's idiots in all walks of life unfortunately.

Steve_T

6,356 posts

302 months

Wednesday 19th December 2007
quotequote all
Well done for sticking to your guns, at least you've not lost out. I'm making a mental note of the 2 weeks history only rule - perhaps we should have a FAQ for things of this nature, so we don't lose such valuable information.

Steve.

Chilli

17,320 posts

266 months

Wednesday 19th December 2007
quotequote all
Glad you and the mrs are ok mate, could have been worse I guess. Yes, it is effing annoying. People make mistakes, absolutely fine with that. But people today seem to have no morals, or consciences. That really feckin annoys me. It's just dishonsty. And people get away with it every day. Fecking annoying.

Anyway, sorry to hear about this, but glad it hasn't put the mrs off.

Cheers.

BobM

944 posts

285 months

Wednesday 19th December 2007
quotequote all
I'm dealing with a claim via Norwich Union's legal assistance at the moment (car crash) and they're about as much use as a chocolate fireguard. The third party admitted liability at the time but she was driving boyfriend's car and of course changed her story the next day. All the so called legal team have done to date is copy correspondence to me, absolutely nothing pro-active whatsoever.

Fats25

Original Poster:

6,260 posts

259 months

Wednesday 19th December 2007
quotequote all
BobM said:
I'm dealing with a claim via Norwich Union's legal assistance at the moment (car crash) and they're about as much use as a chocolate fireguard. The third party admitted liability at the time but she was driving boyfriend's car and of course changed her story the next day. All the so called legal team have done to date is copy correspondence to me, absolutely nothing pro-active whatsoever.
I never said they had done anything pro-active! I was pro-active - and made sure that they did as I wanted them to.

Unfortunately - this seems to be the way do it. I have phoned at least once a week, every week since it happened, and written at least once a month.

patmahe said:
Ewan Oozarmy said:
F*cking car drivers!!
Firstly I hope the OP and his wife are both ok and this all gets sorted correctly

Secondly in relation to the comment above, we're not all anti-biker lunatics y'know. Many of my mates are into bikes and I always try to be courteous, aware and ease over a little to let a biker past if he/she wants to go. I also hope to join the biker ranks some day.

What you need to remember is there will always be tw@ts and these tw@ts will remain tw@ts whether they are in a car, on a bike, at home etc... but please don't assume on the actions of a few that all car drivers are thoughtless morons like this guy was, there's idiots in all walks of life unfortunately.
Knowing Ewan - he was being ironic.

He likes his cars as much as his bikes - although I heard he likes the furrier four legged transport/fun now he has moved to Kiwi-land!
Edited by Fats25 on Wednesday 19th December 16:57