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Thread: Well... It finally happened...

  1. #1
    Join Date
    5th January 2006 - 16:36
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    Angry Well... It finally happened...

    In the last 8 months of riding, I've been fairly lucky in the way that I haven't had any close encounters with other drivers that ended up with me off the bike...

    Until.... today...

    I was riding home from airport (where I study at massey) today for those of you that know the area, along milson line. like I usually do, I pass the cars sitting at the traffic lights and as I get to the front of the que (besides the first car at the lights,) the light turns green. So I get infront of the que and go along my way until this idiotic van from a road on the left (with giveway sign) turns right onto my road going the other way, of course, the van pulled out right in front of me and for some reason seemed to stop in the middle of my side of the road (he was turning right onto my road but going the other way so if he kept on going he would have been on the other side of the road if u know what I mean)

    anyhow, so I ended up going right into him, with both my wheels locked (wet road and I sorta panicked) but then I only had about 5 - 10 m to try and slow down as much as I can before ending up splat on the side of the van. Luckly I came out with only badly swallon and sprained right hand and nothing else thanks to all my gear but my bike didn't fair as well but lucky it was only about 20-30m from the lights so I was only doing 30km/hr or so I think

    the stupid part is this... I was taken away in an ambo (thumbs up to everyone there who were all really helpful when I was really shaken up and couldn't think straight) and from what I hear the turned up and questioned a few people. After which they came to the hospital to ask me a few questions. I told them that the van pulled out in front of me and I had no time to stop and that just prior to that, that I had over took the traffic stopped at the lights and got on the front of the que as the light turned green as I got to the front.

    after a few hours I rang them at home to see what's happening and they advised me that because I over took at the lights illegally that they'll be sending me a ticket in the post, and because of that that they've found that the van driver and I were both at fault. Now, I'm thinking this is bollocks, so I ask how they figure then they tell me that they interviewed the driver at the front of the lights and he said that he had crossed the line first before I got infront of him and thus I actually overtook him "in" the intersection. Of course I believe that we both crossed the line into the intersection at the same time at the worst or that I was in front of him anyway. His argument was that because I was overtaking the cars on the intersection I was where the van driver did not expect to see me (though well well before the van driver pulled out I was well clear of all the traffic and driving in the middle of lane as normal.

    two issues here
    1. Even if I was overtaking illegally, I don't see how that puts me at "fault" for the accident as the van driver still failed to give way and I was driving normally before the van pulled out infront of me,
    2, I didn't actually overtake illegally, them thinking that I did so is based on the sole statement from some stupid driver who were probably annoyed by bikes passing him all the time when he's stuck in traffic.

    now this wouldn't be such a big deal except that if they say I'm at fault as well, I will have to pay my insurance company for the excess (which is upwards of $500) and I will have to pay for new helmet etc myself also I'll lose my %40 no claims bonus which with all the vehicles I have ensured cost me about $1000 every year.

    Now I see two options,

    1, Talk to the again tomorrow when my head is clearer and try to reason with them
    2, Pay a lawyer and go in guns bkazing (figuratively of course) with a lawyer

    what are your thoughts?
    I have deep pockets. It's just that it's a deep empty pocket...........

  2. #2
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    19th February 2006 - 17:11
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    I really don't know mate, I'm just glad your ok. Now I fear you may be guns blazing in the cops threads again.

  3. #3
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    12th March 2005 - 23:42
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    Hmm, bloody bad luk. I would try talk to the cops again and if they do not see sense, get a lawyer involved.
    Nail your colours to the mast that all may look upon them and know who you are.
    It takes a big man to cry...and an even bigger man to laugh at that man.

  4. #4
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    3rd November 2005 - 15:20
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    Quote Originally Posted by bobsmith View Post
    Now I see two options,

    1, Talk to the again tomorrow when my head is clearer and try to reason with them
    They won't wanna know yer now (tickets in the mail) but I guess its a free service

    2, Pay a lawyer and go in guns bkazing (figuratively of course) with a lawyer

    Your best bet but man do they know how to charge to get back what?
    The most important thing is you are still in one piece and will ride again..
    Chin up there flying man and don't let them stick it to ya
    If you love it, let it go. If it comes back to you, you've just high-sided!
    مافي مشكلة

  5. #5
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    21st December 2005 - 23:41
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    sorry to hear of your off bob
    id go for option one then option two if necessary (minus the lawyer)

    www.PhotoRecall.co.nz

  6. #6
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    4th August 2005 - 22:21
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    You've been shafted Bob.

    Cough up the $500 bucks excess and consider yourself lucky you can still walk.

  7. #7
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    5th January 2006 - 16:36
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    Quote Originally Posted by Drum View Post
    Cough up the $500 bucks excess and consider yourself lucky you can still walk.
    I wish it was only a matter of $500 bucks, then the cost of hiring a lawyer I would not be able to justify. But it's going to cost me several throusand dollars over the next few years in the increased insurance premium etc (I have a 40% no claims bonus)
    I have deep pockets. It's just that it's a deep empty pocket...........

  8. #8
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    4th August 2005 - 22:21
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    Bugger.

    I feel for ya.

    On the bright side - this isnt a "biker down" thread.

  9. #9
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    1st July 2004 - 11:19
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    Quote Originally Posted by bobsmith View Post
    I wish it was only a matter of $500 bucks, then the cost of hiring a lawyer I would not be able to justify. But it's going to cost me several throusand dollars over the next few years in the increased insurance premium etc (I have a 40% no claims bonus)
    I so know that feeling.

    Bike vandalised for $700 worth of damages three days after I got it and my premiums go up $800 a year!

    I wasn't even at fault. I was in drinking coffee with some friends.

    Anyways, good to hear you're ok. You look after yourself and try and organise with the cops what went on. But it does show the big rule, try not to enter the intersection with someone on your right or left.
    Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn!

  10. #10
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    17th September 2004 - 21:20
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    Been there, done that. Seems they just make some noises about traffic violations and hope to scare you away (I'm still waiting for that infringement notice you bastard!). They don't care about finding who was really at fault, just minimising the investigative work they have to do and issuing tickets.

    'Aint got much advice for you, except that that 'ticket' is possibly a bluff to get you to walk away. A lawyer may be an option, but the system is stacked against you.
    Eat the riches! Eat your money! The revolution will be DELICIOUS!!!

  11. #11
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    26th February 2005 - 15:10
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    I am sorry to hear of your misfortune, though relieved that you are not badly injured (whilst grieving for the poor bike).

    I have a question, though.

    You say that the van came out from a road on your left. Once you saw that he was not going to give way , could you not have turned left into that road, rather than trying to brake?

    It do not ask this in any negative or derogatory sense. It is just that in my experience one of the most common mistakes novice riders make is to try to brake, rather than dodge. Our manoeuverability is our strength. Folk who take up biking after learning to drive a cage tend to carry the cage instinct of "hit the brakes" through into riding.

    So I ask this question to highlight to others that it is a good idea always to think first "where can I go ?" rather than "Can I stop ?"
    Quote Originally Posted by skidmark
    This world has lost it's drive, everybody just wants to fit in the be the norm as it were.
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    The manufacturers go to a lot of trouble to find out what the average rider prefers, because the maker who guesses closest to the average preference gets the largest sales. But the average rider is mainly interested in silly (as opposed to useful) “goodies” to try to kid the public that he is riding a racer

  12. #12
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    24th August 2005 - 02:38
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    Well about time~! Welcome to the Crasher's Club! You passed the entrance exam with honours!

    Sorry to hear that the witnesses aren't backing your case~

    Newbies be warned: It's rough when you're all shaken-up but "Don't admit liability" until you get your head around what happened...

    I think you should explain your case/situation, keep cool, go over the facts, be nice but persistent... and hope for the best.
    (oh, and if it goes to court and you see them prepping lube - run!)

    Good luck with that~ let us know here how you get on.
    Keep it rubber-side down...

  13. #13
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    27th July 2004 - 00:36
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    sounds like u are a bit heated up..

    can you draw up a diagram of that happened? your explaination is a bit confusing.
    newbie since August 2004....
    VTR250 (retired) / SV650S (Fw:Keystone19) / GSXR750(given up) / CB400(traded for 919) / CB900 Hornet / CBR954 (traded) / CBR1100XX (sold) / TuonoR (sold) / CB900 Hornet / NC700X / MTS1200 / XR250

  14. #14
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    12th July 2005 - 13:03
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    crazy motherfucker named ICE CUBE

  15. #15
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    8th December 2004 - 11:00
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    Yeah im a bit confused about what happened. Where you in your lane or over taking at the point of impact, and if you were in your lane, how long had you been in it since pulling in from over taking?

    If you were over taking stopped traffic and the van pulled out between this traffic not seeing you then it sounds like you fucked up. I dont quite understand your details, so not sure whats going on? Sorry but it does kinda sound like another "boo fucking hoo i crashed and its everyone elses fault" thread that we see a lot of.

    If its a grey area go for the lawyer mate, no harm in trying. The got a law school at Massey down there?
    Has anyone seen my baffles?

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