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Vodaf0wn
20th May 2004, 16:36
Hey guys,

Sunday 16th May
Motorbike Vs Car
Peak Road, Kumeu (west of auckland)

Came over the top of some hill... noticed a car 150m down the road that was slowing down and moving over to the left LEFT side of the road... So i let go of the gas... just to slow down a little.
As i got closer he came to a stop so i 'assumed' he was letting me pass.
So as i over took, or got close enough to do so. he swerved and sent me down the road on my arse.

Got insurance?

:/

Kerran

White trash
20th May 2004, 16:39
Owwwwwwwww :doh:

Bad luck, Kerran. That's not an awesome first post at all.

You allright? What bike was it before you bent it to bits?

Vodaf0wn
20th May 2004, 16:54
Im all good dude, went into hospital after the accident 45 minutes later by ambulance, and stayed over night, however i managed to get discharged with a broken big right toe, no skin on my lower back and arse, and just sore muscles and a really sore neck...

Bike was just a baby kwaka zxr, second bike in the last 12 months...
But im definately going on to my third.... Once im done with insurance, Small claims and the police :/

Police officer who attended the accident couldnt charge either party so its going to make it hard with my excess ...
What do yah do? :/
hehe

Kerran

White trash
20th May 2004, 16:56
Ummmm, if he turned in your path, it'd be a second rate cop that couldn't charge him.

Unless there's something you're not sharing? :sly:

Vodaf0wn
20th May 2004, 16:58
Yeh i told all no ;) about it!!
Oh cept, HE WASNT INDICATING!
^-------------- favour in my name :D

Thats what ive been told any how white trash by a good mate of a mate whos dads first cousin's uncle is a cop ;)

My insurance will have to battle this in court :/ gonna suck!!

Kerran

k14
20th May 2004, 16:59
Damn, that sucks dude. What were you wearing?? Maybe some leathers should be on the cards for your next purchase? Grazed skin hurts quite alot.

How fast were you going?? Did you hit the car and go flying? Or just lowside?

Hope you get better soon.

White trash
20th May 2004, 17:04
Yeh i told all no ;) about it!!
Oh cept, HE WASNT INDICATING!
^-------------- favour in my name :D

Thats what ive been told any how white trash by a good mate of a mate whos dads first cousin's uncle is a cop ;)

My insurance will have to battle this in court :/ gonna suck!!

Kerran

Ah shit!

The old insurance court battles go for ages. Good luck.

Vodaf0wn
20th May 2004, 17:04
Was wearing Leathers mate :/
Helmet, jeans and all, (cept Gloves) its all a 'werid' story...
Cant remember anything from Impact onwards until i woke up in the ambo, cept small verbal conversations... Like with the police officer in the ambo before we left... asian voices, and worrying about the damage to my JUST CLEANED bike :D

BUT, new leathers and a NEW helmet are on the shopping list
Speed = under 70 by the time i passed the car (well tried to)

kerran

bikerboy
20th May 2004, 17:09
Well that sucks m8.

Seems car drivers always think it isn't there fault no matter whathappened. My insurance company is in the process of suing a girl who reversed into the F4 while it was parked! Police cited her and she and her insurance are still trying to get out of it.

Seems strange the cop couldn't decide; as the only alternative would be you running into the side of a turning car, then the damage would be on the side, rather obvious I would have thought.

If the damage to the car was in the front or near the front it would show he turned into you. If they were trying to say you hit him he would have had to be just turning. If you were too close to stop, meaning he didn't wait until it was safe to turn, it would still be his fault.

Hope it works out alright.

Ms Piggy
20th May 2004, 17:11
Ouch Kerran! That sounds nasty! Glad you are relatively ok though.

So how long are you off the road for?

Vodaf0wn
20th May 2004, 17:24
re : biker boy

Not sure mate, i to be quite honest dont know where the first impact was... It couldnt of been up his arse, reason 1, i remember swerving while he turned on me... and two... my Bike hit something on and angle, then it was dumped and slid down the road, if it was a rear end, it wouldnt of gone no where yeh???

In a cast for 2 weeks, then they will review my break, and ill be back on a bike as soon as my insurance goes through :D

Kerran

ManDownUnder
20th May 2004, 17:26
Well that sucks m8.

Seems strange the cop couldn't decide; as the only alternative would be you running into the side of a turning car, then the damage would be on the side, rather obvious I would have thought.

If the damage to the car was in the front or near the front it would show he turned into you. If they were trying to say you hit him he would have had to be just turning. If you were too close to stop, meaning he didn't wait until it was safe to turn, it would still be his fault.


Tip of the day (from my experience anyway) - keep on hounding your insurance people. Get a name and get their direct dial number as soon as you can get it. Then - feel free to ring them on a regular basis - every 3 or 4 working days ought to do it... just asking where things are up to and (very importantly) when the next step is due to occur - and what it is. Feel free to dial 0197 in from of their number too - it comes up "Withheld" on their screen so they can't avoid your call so easily... or ring them from different phones.

Jot all the information down in your handy dandy notebook (aka diary, but I have a 4 year old so Blues Clues all the way!). Anyhoo - back on topic.

Feel free to remind them they should find out more about the accident, that it's not your fault and the cop wasn't exactly the most useful individual you've ever met. They will save money by proving it wasn't their fault blah blah blah

Just keep on their case and keep in mind
1) If it wasn't your fault it doesn't need to cost you money (in theory anyway)
2) Lack of evidence doesn't = a lack of blame. Insist it be put where it belongs - to the cager!

I had the same thing happen to me, and I still have the scars to prove it.

Good luck, and hope you and your bike feel ok.
MDU

My interpretation of what insurance companies do for people...
:buggerd: :buggerd: :buggerd: :buggerd:

Zed
20th May 2004, 18:12
Hey guys,

Sunday 16th May
Motorbike Vs Car
Peak Road, Kumeu (west of auckland)

Came over the top of some hill... noticed a car 150m down the road that was slowing down and moving over to the left LEFT side of the road... So i let go of the gas... just to slow down a little.
As i got closer he came to a stop so i 'assumed' he was letting me pass.
So as i over took, or got close enough to do so. he swerved and sent me down the road on my arse.

Got insurance?

:/

Kerran
Hmmm? I ride those roads out Kumeu also. Will have to watch out more carefully for old farmer Joe. I guess people just get used to no traffic in such areas and don't check their mirrors for oncoming zxr's. :blink:

Sorry to hear your misfortune anyway Vf...welcome to KB btw.


Zed

spudchucka
20th May 2004, 22:35
The moral of the story? Treat all other road users, (especially hat wearing car drivers) as either ignorant six fingered hillbillies out for a sunday drive or as phsyco maniacs who are hell bent on knocking you off your bike and then backing over you until you are nothing but goo on the highway. Never assume to know what another motorists next move will be because in reality most won't even know you are there. It's the best survival strategy for motorcyclists in my opinion.

Sorry to hear your story, I wish you a speedy recovery.

speedpro
20th May 2004, 23:00
I had a similar incident a long time ago, my 7 week old XS1100 was written off. The police ended up not charging the woman driver as her husband died shortly after. I've still got the scars on my arse and my right knee is still loose and screwy. It also still gets brought up whenever I apply for insurance. As noone was charged and my insurance paid for the bike "I" have a problem. It isn't so bad now but the prang was 24 years ago.

Make sure you sort it out because it will keep coming back to haunt you if you don't.

LB
21st May 2004, 06:01
Sorry to hear about this, hope it all turns out okay for you.

And welcome to KB.

Lou Girardin
21st May 2004, 06:42
Damned if I can see how you're at fault. Even if you were speeding, how could they prove it? You didn't admit anything did you?
BTW never trust anyone else on the road.

brit_vtr
21st May 2004, 08:08
Going home from work a women in a mini did a u turn in front of (GPZ600) I hit the mini went over the top....bike destroyed, mini destroyed.

11 appearances in court , no pay out what so ever, driver got off scott free (no pun for all us scott's)

She even moved house and went on holiday to Fiji and pleaded bankrupcy....b1tch.

Vodaf0wn
21st May 2004, 08:19
Cheers guys for all the help...
It sucks aye :/
I wasnt speeding either, due to the fact that i saw the car from at least 150m away...
Talked to my insurance company, 'sending forms out' they reckon...
The other driver has no insurance, and also reckons 'i hit him' which is just about all he could say in english...
Dunno what to do really....
Small claims i go :(

Cheers
Kerran

fpsware
21st May 2004, 08:25
Hey guys,

Sunday 16th May
Motorbike Vs Car
Peak Road, Kumeu (west of auckland)

Came over the top of some hill... noticed a car 150m down the road that was slowing down and moving over to the left LEFT side of the road... So i let go of the gas... just to slow down a little.
As i got closer he came to a stop so i 'assumed' he was letting me pass.
So as i over took, or got close enough to do so. he swerved and sent me down the road on my arse.

Got insurance?

:/

Kerran

Sorry to hear about your accident. I hope you are back on your feet (and bike) before too long.

I had a similar accident 8 weeks ago now. My ZXR was written off. From personal expierence I suggest you contact the insurance company every other day, write everything down, take direct dial numbers and never ever let them say "We will call you when we have more information / that document etc". Ask for a date, time and tell them if you have not heard from them by that date and time you call them.

brit_vtr
21st May 2004, 08:26
Cheers guys for all the help...
It sucks aye :/
I wasnt speeding either, due to the fact that i saw the car from at least 150m away...
Talked to my insurance company, 'sending forms out' they reckon...
The other driver has no insurance, and also reckons 'i hit him' which is just about all he could say in english...
Dunno what to do really....
Small claims i go :(

Cheers
Kerran

Kerran...best of luck , maybe I should send some UK style "financial loss adjusters" over to give you a hand !!!.

Slim
21st May 2004, 11:54
Small claims i go :(
Nope. That's what your insurance company will do & it won't be small claims either!

Did you get an accident number or something like that from the cop? I suggest you chase up the cops about it too, since you obviously weren't in a fit state to understand what they were telling you at the time. It may be that another cop will review the forms & you might be able to talk them into charging the driver & therefore making your life much easier with the insurance company. Get a copy of it to send to the insurance company, or at least give the insurance company the incident report number.

In my experience, insurance companies like to do everything by post for some very strange reason (I think they do it so they can hang onto your money for as long as possible, instead of making a couple of calls, sorting it out quickly, then posting out the stuff that needs signing & having everything returned & dealt with within the week). Ring them every other day & take notes (as already suggested).

ManDownUnder
21st May 2004, 12:52
A thought I had last night on the way home... if they were turning into a residential property it might be worth while finding out who lives there, and how they know the cage driver.

Makes it a lot more likely to be the truth if your version of evens co-incides with them turning into the drive of their own home, or mother, or...

... then I'd be very free about pointing that info out to the cops and insurance bods (carefully noting when you did in your handy dandy notebook... aka diary...

MDU

ManDownUnder
21st May 2004, 13:09
Cheers guys for all the help...
It sucks aye :/
I wasnt speeding either, due to the fact that i saw the car from at least 150m away...
Talked to my insurance company, 'sending forms out' they reckon...
The other driver has no insurance, and also reckons 'i hit him' which is just about all he could say in english...
Dunno what to do really....
Small claims i go :(

Cheers
Kerran

"Sending out forms" is ok, but put it in your diary, and if they're not there in 2 days ring and ask for them again. Ask for them to be emailed out... no excuses for delays there.

Soundw like the cage driver is right on one thing "I hit him" is an accurate description of what happened... the next thing to ask is WHY???? (sorely tempting to offer to hit him again I might ad at this point - if your experience is anything like mine).

Something else to put in your diary is everything you can recall about the accident... jot it down now - if you ever need to recall it (6, 9 or 12 months hence) it's ha hard thing to do. Do it now while it's fresh, and take your time over it. All the details you can - cars going the other way, people that atended the crash etc etc etc.

Photos of damage are good too ... ideally with before and after photos...

Feel free to ring around a few bike shops and ask about the cost on a replacement vehicle of same age, mileage and condition. The Insurance bods will come back and say "oh it's worth $1,500" at which point a REALLY useful questions is "From where - I'd like to ring and verify that". Feel free to have them find the replacement bike for you too... it saves on the "oh they're out there" comeback...

If you can't get a bike for what they say it's worth... one side of the argument is wrong - either the adjuster's word or the market as a whole. If memory serves there was a dude called Adam Smith that came up with supply and demand economics back in 1700 sometime and I think his theories (i.e. those of the market as a whole) have stood the tests of time.

*phew* rant over...

Keep the diary going is all I can say - and keep it with you too if poss... it's amasing how you can recall things at odd times.

Good luck dude

ManDownUnder
21st May 2004, 13:11
Kerran...best of luck , maybe I should send some UK style "financial loss adjusters" over to give you a hand !!!.

I've heard the italians do a good job of it too...

Guido and Luigi, complete with mysterious violin case...

spudchucka
21st May 2004, 21:01
Did you get an accident number or something like that from the cop? I suggest you chase up the cops about it too, since you obviously weren't in a fit state to understand what they were telling you at the time. It may be that another cop will review the forms & you might be able to talk them into charging the driver & therefore making your life much easier with the insurance company. Get a copy of it to send to the insurance company, or at least give the insurance company the incident report number.

Get in touch with the cop that attended and ask for the "event number" or "file number", (these are two separate things but both lead to the inevitable paper work). Give the number to the insurance company and ask them to obtain a copy of the Traffic Crash Report. They will no doubt try and fob this off onto you. Don't let them do that because they only do it to try to avoid paying the $50.00 or whatever the fee is for getting the report. They want you to pay the $50 bucks but it is their responability. Once you have the report you will be able to see what the cops interpretation of the events are and also will have any eye witness accounts recorded on it. You may find the names, addresses of the other party / witnesses are blanked out. You are entitled to know the ID of the other party so contact the cop again if you don't already have their details. If you dissagree with the details on the report you will probably be left to fight it out between insurance companies but try taking it back to the cops if they have missed any major factors that could swing things in your favour.

Good luck.

Indiana_Jones
21st May 2004, 21:16
Sorry to hear that man, get well soon aye :no:

-Indy

Vodaf0wn
22nd May 2004, 08:59
Once again cheers guys...
Cop wont talk to me, his partner reckons 'just wait for the paperwork to arrive in the mail' still tried to get in touch with the officer that attended the scene BUT he's doing a good job of being busy...

Got details of the guy that hit me... address and all....

Getting a diary today so i can keep a note of whats going on...

Btw, do i have a say in court?

and do they allow like 22mm in as well :/

Gah
Kerran