just as something to thibk about in case of future incidents, what i have learned, at the scene and at the time take photos and lots of them before any vehicle is moved, cell phones are wonderfull, write a statement saying that the other party is at fault and get them to sign it otherwise it is your word against theirs and never admit liabilty yourself, if there are witnesses, get there names and contact details and a written and signed statement if possible. get lots of photos of damage to both your vehicle and theirs, all this is extremely helpfull if it ends up in court as my daughter found out by not getting this information but allowing the other person to get it, ended up with the adjudicator saying she was 60% at fault even tho the other vehicle backed out in front of her and she couldn't stop due to ice on the road.
did i say get lots of photo's
It wouldnt matter if she signed it anyway.
She and her insurance company could later argue that she signed it under duress.
Lots of people feel guilty following an accident, when in reality it wasnt entirely their fault.
And some insurance companies specifically don't want you to admit guilt - it'll stuff up any court case - and it's in their clauses.
So getting someone to sign an "admission of guilt" may backfire as their insurance rejects the claim, and you're left dealing with the person.
Measure once, cut twice. Practice makes perfect.
Insurance companies cannot discharge themselves of your liability if you admit fault.
They can however as said put foward a case that you were coerced into admitting fault, thereby making whatever you said mean nothing.
Sounds like the OP is gettong looked after properly at this stage.
I was in similar circumstances once when a company vehicle backed into my bike at work.
I had to go to a JP and get witnessed statement that I had no insurance with anyone else before they would pay. Which is ridiculous as if I was scamming the system it would have to be a separate company anyway.
Just more hoop jumping to slow the payout process. Sucked when I was working 14hr days in AKLD to try and fit this into schedule but got it done and paid out in end.
(btw that ended the urban myth that companies aren't covered if your private vehicle is damaged on their property, its still a negligent act by the insured against someones property so they have to pay).
Sounds like it all under control, She has not been one to back out of making a claim and changing stories...well done her
You can cash out a claim if the bike is not structurally damaged, IE if it is a write off because of Labour/parts costs most companies will cash out for value of the bike less the wreck cost if you want to do it up (leave some parts scratched etc to save repair costs), make sure they know if you are thinking about that or they may de-register your bike... and that adds costs to repair. If the frame is bent they wont want to keep the Reg alive.
Or if its not getting repaired let it get written off and buy another...
I think I remember reading this was your dream bike too? Craptastic, but at least you're OK and it looks like it's all going to work out with the other party. Hopefully you'll both be back on the road soon (rubber side down that is).
Moe: Well, I'm better than dirt. Well, most kinds of dirt. I mean not that fancy store bought dirt. That stuffs loaded with nutrients. I...I can't compete with that stuff.- The Simpsons
Maybe a myth, but common:
e.g. Citizens Advice Bureau : http://www.cab.org.nz/vat/tt/ds/Pages/Caraccidents.aspx
Remember never to admit fault at the scene of the accident. It is up to the insurance companies to work out who is at fault and if you say anything to this effect it can make it harder for your insurance company to sorting things out with the other drivers involved. It could result in your claim being cancelled.
Measure once, cut twice. Practice makes perfect.
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