my poor bike

[poorbastard]

Well awsum weather on a sat so decide to go for a :ride:. Anyhow go to get some new tyres for my bike before going over the hill in Wellys. On way to shop some bastard car driver :mad: decides to pull out of his driveway directly in front of me :weird: so I go straight into the side of his car around 45 kmph make a big dent and smash up my poor bike :cry: . I pick myself up sore leg and hand and have to pick up my bike myself the guy just watches and doesn't even offer a hand. As close as I was to :bash: yelling at the guy I managed to hold my anger and be nice and understanding about the whole situation "I didn't see you was his only words". So grab his details and off to A&E get myself checked, 2 and a half hours later im out with just a few scrapes and bruises. Go with a trailer to pick up my bike and the guy tells me he wont accept liability and he wants to sleep on the matter. About now im getting pissed off :mad: and just want to sort it out and still havnt herd from him today so went and reported the crash to the cops which I wasnt going to do so now hes got himself a fine as well. Now I just have to deal with insurance companys but for some stupid reason I have to wait for him to ring up his insurance company before I can do anything.

So I went out and drowned my sorrows :drinkup: with a large quantity of Jim Beam which I am now feeling the consequenses of :puke:

[sAsLEX]

Now I just have to deal with insurance companys but for some stupid reason I have to wait for him to ring up his insurance company before I can do anything.

So I went out and drowned my sorrows :drinkup: with a large quantity of Jim Beam which I am now feeling the consequenses of :puke:

So you have no insurance!?

ring his insurance company and make a claim on his insurance, you dont need to wait for him I am sure, had to do this when I was rear ended. plus make sure to tell them of the police report as well.

And I am sure if you note his number plate on here you could find out who insures him.

[ZorsT]

sorry to hear that. How bad is the bike?

[poorbastard]

So you have no insurance!?

ring his insurance company and make a claim on his insurance, you dont need to wait for him I am sure, had to do this when I was rear ended. plus make sure to tell them of the police report as well.

And I am sure if you note his number plate on here you could find out who insures him.

he stoped so I have all his details. Yea I have 3rd party and his company details and stuff. Rang my company they said I have to deal with his company. Rang his company who said that he has to make the claim himself before I can do anything.

[poorbastard]

sorry to hear that. How bad is the bike?

Bike wont go buga it :no: . Leaking oil from somehere. Smashed fairings etc and posibly twisted front forks a little and few other breakages and stuff

[bugjuice]

that's crap news.. hope the dick sorts himself out and does the decent thing by getting on the blower. How the hell can he not accept responsibility? He fukin pulled out!!! If he doesn't pay up, just get a few KBer's round for a little chat....

[marty]

i always thought that you made a claim thru yours, then they claimed back thru his.

[marty]

oh hang on - 3rd party. oops. you're on his timeframe....

[MoFunthanmost]

where does he live?... :whistle:

still, glad youre ok, and hope you can get on road again soonish.

if you need anything (lifts, parts pickups, etc, you got my numba)

Mo

[myvice]

Good to hear you’re ok!
You have his phone number? Just ring him EVERY DAY to remind him to sort his shit out.
After 3 or 4 days ring him twice a day...
In 2 weeks time ring him at 3am, tell him your stuck for a lift and can he come and get you since its his fault?
If this doesn’t work wait for him to pull out of his driveway and plow into him with something large and heavy.
Tell him your not insured and that he can go f#@k himself if he wants any money!

[James Deuce]

What a bugger mate - are you going to fix the bike that goes, "Brrrm"?

GLad you're OK, but he actually has no choice about accepting liability if you get the Police involved. Oh, and don't feel sorry for him, he screwed up and should pay for it.

[FlyingDutchMan]

Good to hear you're ok. Definitely keep hounding the guy. Good work on calling the cops too - they'll at least get it sorted a bit quicker.

[DEATH_INC.]

Tell him to make a decision now,if he won't start court action(file with small claims) as soon as possible.Don't wait,it'll only turn to crap. :mad:

[WINJA]

START DOOR KNOCKING , IT WORKED FOR ME

[sels1]

Tell him to make a decision now,if he won't start court action(file with small claims) as soon as possible.Don't wait,it'll only turn to crap. :mad:

Agree with this. Ring him and tell him if he hasnt got the claim in by Monday afternoon then you will put a claim in at the small claims court / disputes tribunial on Tuesday. Take lots of photos of your bike damage and the accident scene for possible evidence.
Dont let him use stall tactics, stay on his case.
You could mention you belong to a bike group with over 2000 members and they are backing you....not as threat but just so he knows you are getting support and he cant bluff you.

[sAsLEX]

Keep every reciept for bus tickets etc you use while without a ride as you can claim these back as well

[Paul in NZ]

Ask Big Dave if he wants to be your 'advisor' for an hour or so and go visit him! People just don't want to take responsibility for their actions do they!

Sheesh!

[raster]

Keep on him and don't take no.

[zeRax]

what'd cops do ?

[justsomeguy]

Sheet, sorry mate....

Can't think of anything to say that the wiser people here haven't said already.

Hope it all gets sorted out soon and that you get a nice new replacement bike soon.

Best of Luck

[GN1NiteStnd]

hi gixxer frm hb. its mullet man

[Gixxer 4 ever]

Also write everything down. Sit down and list what happened and when. Put times down and any conversation you had. Note every thing. When you go to court this will win the case for you. You must have a clear memory and record of what was said and what happened. Times and order of events places etc Good notes now help when the memories have faded. Good luck.

[Gixxer 4 ever]

hi gixxer frm hb. its mullet man

Hi GN1 and GN1's mate. Assume it was me you were sending this Hi to?
Hows the bike going? You have inspired my boy to look around to build somethin better than the A100. He is going to run the A100 for a bit and look at what he can build. Thanks for taking the time to chat to him at the track. He is looking forward to the practise day then the next race day. Hope your bike is going well. He told me GN1 is going to race it as well. Good stuff. CU at the practise in a few weeks.

[Biff]

Glad you're ok dude, and the best of luck getting your motor back on the road.

[parsley]

Also write everything down.
Photos are good as well. Any chance of going round to his house and taking a shot of the damage to his car? Were there any brake marks on the road? Get shots of any injuries you have now before they fade or heal.

[Virago]

Okay, I don't know the exact rules here, but as this is an "injury" accident, does the other party have to report to the police himself, within 24 hours?

[parsley]

Okay, I don't know the exact rules here, but as this is an "injury" accident, does the other party have to report to the police himself, within 24 hours?
Good call. The Road Code for Motorcyclists says:
3.8 Rider Responsibility - Reporting a crash
If someone is hurt, you must tell a police officer as soon as possible, and no later than 24 hours after the crash.

[sAsLEX]

Good call. The Road Code for Motorcyclists says:
3.8 Rider Responsibility - Reporting a crash
If someone is hurt, you must tell a police officer as soon as possible, and no later than 24 hours after the crash.

So if he doesn't report it he is breaking the law? Would this help in a case against him?

[poorbastard]

Okay, I don't know the exact rules here, but as this is an "injury" accident, does the other party have to report to the police himself, within 24 hours?

The guy has now reported the crash today to the cops and is still not accepting responsibility :mad: . Aparently somehow I managed to hit the side of his car by his rear wheel when he was parallel to the foot path. Come on how the fuck do you manage to do that :weird: . So looks like I have to wait for the cops to tell the bastard that he is responsible before I can get any money which could take weeks. OK off to small claims court tomorrow hopefully they will speed the cops up as well. Unfortunatly he has a person to stand as a witness where I have noone unless I can find out who the nice ladys that helped me were but no idea how im going to do that.

[raster]

Could the ladies have been residence, shoot over there and ask some of the neighbours if they saw anything, or know who did, :no:

worth a crack..

Hope all goes well.

Edit: Photograph skid mark if there is any.

[poorbastard]

What a bugger mate - are you going to fix the bike that goes, "Brrrm"?

It doesn't go "Brrrm" anymore :no:

But If insurance decides to off it I may see if I can buy it back if cheap enough. Otherwise It will be going brrrm again or I'll get another bike that goes BRRRRRRRRRRRRRRRRRRRRRRM even more :Punk:

[poorbastard]

Could the ladies have been residence, shoot over there and ask some of the neighbours if they saw anything, or know who did, :no:

worth a crack..

Hope all goes well.

They were handing out some mailer things I think so may see if I can find out what they were by knocking on some doors and then track them down.

All I want to do is :ride: . Is that such a crime.

[stanko]

When you lodge your claim with the disputes tribuneral, his insurance company will either support him, or settle real quick. They know if they will loose and wont waste their time in court. Your claim is against the driver, and the insurance co indemnifies the driver, so he will be so pissed you are claiming against him personally he will go to the imsurance and bang on the table. Much as I hate cops they are pretty good at sorting out the facts with car incidents.

[raster]

Photograph skid mark if there is any.

[geoffm]

If you can, take plenty of photos of his car and the damage. It shouldn't be hard to shoot down his story about you doing a 90 deg turn into the side of him. Look at the angle of the damage and marks, etc.
Measure any skid marks (and take photos). Video might be useful too. Write down everything that happened, with time, words, etc, then nail him at the disputes tribunal. Don't forget to do him for the cost of a rental vehicle, transport and medical costs, the filing fee, etc. Keep reciepts of EVERYTHING.
Does he have a nice car and house - if so you might have a chance of actually getting money out of him, rather han him doing a runner. See if you can find where he works. Hassle him there too...
Geoff

[poorbastard]

No skid marks on road but will go get photos of his car tomorrow if I can. Thanks for the advise have started keeping receipts already.

[crazylittleshit]

Rent a hummer and go find his house. :motu:

"remeber to keep the receipt" :yes:

[Clockwork]

I wouldn't deal with his insurance co..... that's his problem. Get your bike fixed and head to the small claims court.

If this accident happened out side his residence, am I going to believe that you misjudged a U-turn and hit his car hard enough to do significant damage to your bike (while his car was parked at the side of the road) Or is it more likely he was reversing off his drive when you hit him. I'd say "on the balance of probabilities" you have a much stronger case.

[mikey]

if he is being a cock i reckon a turn out of a few bikers before a ride at his place might speed things up.

im in.

[poorbastard]

I wouldn't deal with his insurance co..... that's his problem. Get your bike fixed and head to the small claims court.

If this accident happened out side his residence, am I going to believe that you misjudged a U-turn and hit his car hard enough to do significant damage to your bike (while his car was parked at the side of the road) Or is it more likely he was reversing off his drive when you hit him. I'd say "on the balance of probabilities" you have a much stronger case.

He was pulling ut of a driveway. Has a garage like inside little flat comunity thing. So cant have been a U-turn.

[poorbastard]

Rent a hummer and go find his house. :motu:

"remeber to keep the receipt" :yes:

I do know where his house is luckly a few mates convinced me not to go atack his place on sat nite and that it wouldn't be good against my case. I had a sledge hammer nearly going his way :whistle:

[justsomeguy]

He was pulling ut of a driveway. Has a garage like inside little flat comunity thing. So cant have been a U-turn.

If that's the case then it looks like he has failed to give way to you as he is legally required to do according to road rules.

I hope you were not speeding - as he'd probably use that in his defence...(even if you were doing 45kmph)

[poorbastard]

If that's the case then it looks like he has failed to give way to you as he is legally required to do according to road rules.

I hope you were not speeding - as he'd probably use that in his defence...(even if you were doing 45kmph)

Nope wasn't speeding. I neva speed, am a law abiding person I am :whistle: . Well wasnt this time anyway I watch my speed down that hill have to stop at the bottom.

[justsomeguy]

Well wasnt this time anyway I watch my speed down that hill have to stop at the bottom.

Awesome stuff

- what about you being too close to the centerline (what you got ticketed for) - why did you have to be so close??

Could you say - because you were trying to get the best view around the corner?? (if it was a left hand corner).......or was there some other reason?

Not trying to argue, just thinking of points that other shit may bring up.......

[poorbastard]

Awesome stuff

- what about you being too close to the centerline (what you got ticketed for) - why did you have to be so close??

Could you say - because you were trying to get the best view around the corner?? (if it was a left hand corner).......or was there some other reason?

Not trying to argue, just thinking of points that other shit may bring up.......

Na I was going down a straight road when he pulled out of his driveway. No lanes on the road. Was driving in the right tyre place of wher a car would be like it says in the road code thing.

[justsomeguy]

Were your headlights on?? What colour is your bike??

[mikey]

when reversing one must give way to all other traffic apart from others reversing then its fair game. destgruction derby. anyway i think its agreed your in the right hes in the wrong. full liability not partial. go get the fucker.

[poorbastard]

Were your headlights on?? What colour is your bike??

Yip never drive without them on :yes: . Bike is a darker colour, dark blueish colour but it was a fine day.

[Brett]

damn straight, get the bugger. Full liability and for all expenses caused by his uncooperation.

[Bartman10]

There is a bit of a lesson in this. If you're involved in an accident call the cops instantly no matter how minor it is... :Police: Insist that the driver stays put until the cops arrive. Don't move any of the vehicles involved unless they are blocking a major road. The cops will sort out who is to blame there and then by examining the scene and there will be no argument.

Also get the details of witnesses.

Insurance companies don't help in these situations by having such large no claims bonuses, because this means that people are reluctant to accept blame and will stall indefinitely to keep their no claims bonus which could amount to $1000 or more. Insurance co's always hold the aces until you have their money in the bank. This can take weeks and be extremely upsetting. Dealing with them is an exercise in patience :whistle: :wait: . Good luck.

[DEATH_INC.]

Find those witnesses! Don't think the cops will help you,you're a motorcyclist.
If my past is anything to go on ,you're in for an uphill battle.....
I hit the l/r of a car when she u-turned in front of me (she said she was stopped at the kerbside,and I hit the l/r????)but the cops/court went with her bs story anyway......
Good luck!

[Beemer]

[QUOTE=Bartman10]There is a bit of a lesson in this. If you're involved in an accident call the cops instantly no matter how minor it is... :Police: Insist that the driver stays put until the cops arrive. Don't move any of the vehicles involved unless they are blocking a major road. The cops will sort out who is to blame there and then by examining the scene and there will be no argument.QUOTE]

Nice thought, but the cops would class this as something that should be sorted out between the two of you and your insurance companies. Trust me, we had someone back into us once and I rang the cops and they couldn't have been less interested. I foolishly told the truth, in retrospect I should have said some idiot was driving at 56kph in a 50kph area... I agree with ringing the cops to have something recorded to prove the accident happened when and where you say it did, but as for them coming down and examining the scene and sorting out who is to blame, keep dreaming! :rofl:

[Paul in NZ]

Was he reversing out or driving our frontwards?

[hondacmx450]

put paint stripper on his car saying i am gay ppl dont like that :motu: to car drivers

[Ixion]

It is a very good idea to always carry one of those cheap disposable cameras at all times. (about $18). Very small, fit in a pocket or velcro to the bike. Extremely useful at such times, snap picture of scene right then and there . A digital one would be gooder, but they are too expensive for me , and might be lost or stolen.

Also wankers who have carved you up get REAL worried when you take their picture.

[raster]

Something to mark the road would be good too, Someone I knew used cattle marking paint, in a pen like applicator.

[justsomeguy]

Judging from all the circumstances and where you hit his car, I feel you have a very strong case.


I hope it gets sorted out asap without going to court.....the bloody legal system is a slow moving animal.....

[poorbastard]

Ok guys here are the photos of his car. Was quite back on the car must have hit him on a angle or sumthing but to me still looks like I hit him from the side. Don't know how he thinks he was parallel to the footpath tho.

[raster]

Note the scratch marks seem to go from front to back which would indicate the car was moving forwards. :mad:
Don't give up!

[raster]

He is saying his car was where it wasn't, all you have to do is prove the car was not parked during the incedent then his story goes down the drain, someone must have seen it after the incident.

Do your mailbox drop?

[MoFunthanmost]

so whats the goss? any developments? or he still being a :tugger:

[Bartman10]

[

Nice thought, but the cops would class this as something that should be sorted out between the two of you and your insurance companies. Trust me, we had someone back into us once and I rang the cops and they couldn't have been less interested. I foolishly told the truth, in retrospect I should have said some idiot was driving at 56kph in a 50kph area... I agree with ringing the cops to have something recorded to prove the accident happened when and where you say it did, but as for them coming down and examining the scene and sorting out who is to blame, keep dreaming! :rofl:

It's easy to get the cops down there, ring 111 and say there has been a major accident involving several vehicles, car wrecks are blocking the road and you suspect the other driver is drunk and an escaped convict. They'll be there in 5 mins.

[pyrocam]

I dont know if you got this sorted out yet but for the record. (and for anyone else interested)



You do need wait for the other person to lodge a claim before you can claim on it. its their policy and you cant make a claim on it.
If you hound him too much he can put a restraining order or get the police involved on harrasment charges
If you flirt with your claims handler you may be able to get them to send out a 'hold liable letter' _maybe_ Often if the other party doesnt have insurance but is at fault your TPO (third party only) policy will cover you.
If no claim is lodged then you can goto the small claims court with an _estimate_ of costs.
If you do repairs before talking to the insurance company they can refuse to pay because they want to have damages assesed before repairs commence. also they have 'prefered' (cheaper) repairers

[poorbastard]

so whats the goss? any developments? or he still being a :tugger:

Nope no developments. Am currently waiting for a form from the court to take him to small claims. He wont do anything till the cops decide who is liable which could take weeks for it to go through the system. My 3rd party told me that it has nothing to do with them if its not my fault so waiting seems all I can do.

[poorbastard]

It's easy to get the cops down there, ring 111 and say there has been a major accident involving several vehicles, car wrecks are blocking the road and you suspect the other driver is drunk and an escaped convict. They'll be there in 5 mins.

Hmmm nice theory but then cant you get in shit for false claims or lying etc.

[crazylittleshit]

It's easy to get the cops down there, ring 111 and say there has been a major accident involving several vehicles, car wrecks are blocking the road and you suspect the other driver is drunk and an escaped convict. They'll be there in 50 mins.
:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl

Yet so true................ :rofl:

[justsomeguy]

It's easy to get the cops down there, ring 111 and say there has been a major accident involving several vehicles, car wrecks are blocking the road and you suspect the other driver is drunk and an escaped convict. They'll be there in 5 mins.

Are you the kid of a rich, important person or are a rich important person??

Cos for joe public the cops usually turn up about a few days later.

Took them three days to get to my house after reporting a burglary......

Didn't turn up for the two accidents I had - inspite of them being called and in one case a witness claiming to be an ex cop being on the phone to them for 30 mins.... In both cases we were there for at least 1 - 1.5 hours......

Unless there are serious injuries or the road is blocked the cops can't be bothered or are too busy.....matter of fact the bloody 111 phone operator asks you, " are there any serious injuries or is the road blocked ".

[Timber020]

If it gets to bad just give out his phone number, a few of us would be willing to ring him up at all hours and ask him about taking responsibility for his actions. Its amazing what a few dozen phone calls a night will do.

[Rincewind]

Youve had some good advice on this subject, sit down and think through whats been written, then make up your own mind.

Don't let him get away with it though.. The Worlds full of tossers like him and they need to be reminded occasionaly that the World is also full of tossers like us too Ha Ha

Let's have his address and phone number posted if you don't get sorted by next week and we'll all ring him, cool or what....

[justsomeguy]

Don't let him get away with it though.. The Worlds full of tossers like him and they need to be reminded occasionaly that the World is also full of tossers like us too Ha Ha....

You're alright mate :niceone: