Do NOT exchange details at the scene of an accident...

[jetboy]

From an insurance point of view:

Most policies have clauses to the effect of (and I quote from my wording):

"DUTY AFTER ACCIDENT
There is no cover for loss or liability under this policy if the driver did not stop after the accident as required by law, or failed to comply with any other legal requirement in connection with the accident."

and

"MAKING A CLAIM
You must:
> immediately tell us in writing of any event that might result in a claim
> immediately tell the Police if property is lost or if you suspect theft, burglary, arson or malicious damage
> do as much as you can to minimise any loss or liability
> give us free access to examine and assess any loss
or liability
> take reasonable steps to obtain details of any other person, property or vehicle involved, and any witnesses
> immediately send us any communication received from any other person
> fully co-operate with us and complete any documentation we require, including statements on oath."


So as you can see we require you to comply with all laws surrounding an accident, and to take reasonable steps to obtain third party details.

[Patrick]

In future, I will ask for the police to be called to the scene. In fact, I think I will request a policeman named Patrick who has two bums

Sure...might take about four and a half hours to get there though... if I am eating donuts, that will take it out to 7hrs 45min... then there is the porn I have to hunt out on the net... see you in a month and a half??? Make sure you don't move anything until I get there....

Two bums????????????????????

Talk shit and do shit????

[klingon]

Two bums????????????????????

yeah... that's what's in your avatar so I thought it must be you...

[Puddlejumper]

Yep, should let the police know. Just watch out for the insurance company of the other fella. Twice I've had accidents caused by car drivers and both times their insurance companies sent me a bill wrapped in a lot of legal threats. ( I hadn't bothered with my own insurance claim cos I could fix the damage myself for less than the excess) If I was the shy retiring type I would have been intimidated into admitting liability and paying up.
Lucky I'm an obstreperous, loud old bastard.

[JimBob]

Yep, should let the police know. Just watch out for the insurance company of the other fella. Twice I've had accidents caused by car drivers and both times their insurance companies sent me a bill wrapped in a lot of legal threats. ( I hadn't bothered with my own insurance claim cos I could fix the damage myself for less than the excess) If I was the shy retiring type I would have been intimidated into admitting liability and paying up.
Lucky I'm an obstreperous, loud old bastard.

If the accidents were caused by the car drivers how come you are footing the bill for repairs? You should be sending a bill the other way. Stuff the pricks, make them pay. Using your insurance wouldnt have cost you your excess because your insurance would recover it from the other party.

[Grahameeboy]

Thanks Patrick.

As it has turned out, the other party has totally admitted liability and it looks like it's all going to be sorted out as far as legal stuff goes (still working on the insurance with the help of Jetboy).

But it could have been very different. The driver's "memory" of the event is already different from mine - she's saying there was thick fog. My written notes made within two hours of the accuident say that the weather was fine and clear, visibility was perfect.

My injuries include bruising, cracked ribs and concussion. I guessed at the time that the bruising was going to happen but I didn't know abnout the others until later (I thought it was normal to not remember hitting the ground! )

In future, I will ask for the police to be called to the scene. In fact, I think I will request a policeman named Patrick who has two bums

Yep and it will take him 7 hours by which time the fog would have cleared up because he is not in Auckland.

If the accidents were caused by the car drivers how come you are footing the bill for repairs? You should be sending a bill the other way. Stuff the pricks, make them pay. Using your insurance wouldnt have cost you your excess because your insurance would recover it from the other party.

The excess is actually waived, not recovered if liability is clear cut.

In fact if you report an accident to your Insurance and it is clear that you were not at fault they should waive it there and then. They will try and say "well we have to get the other party to accept liability first" but the policy wording does not say that...........when my bike was hit whilst parked they told me they could not waive he excess until the other guy admitted liability........I pointed out what the policy wording says, she got cross with me, I spoke to a Team Leader and she agreed with me and it was waived.

If later the other guy disputes that is not your problem.

[Patrick]

Yep and it will take him 7 hours by which time the fog would have cleared up because he is not in Auckland.

but would have to come through the Hamilton fog first... makes for a slow outing...

[Baldyheed]

Any update on this incident? hope it went in your favour.

[klingon]

Well, I never did get to report it to the police. They're just not interested.

I officially have one cracked and several bruised ribs, post concussion syndrome, and (amazingly) interference to my vision as a result of my iris being knocked forward and hitting the front of my eye!

The other party has admitted full liability and has never tried to wriggle out of it. It annoys me that she's belittling it - things like "I wasn't going very fast when I hit you..!" Ahem. Hitting a stationary object at 30kph is pretty fast. And when that object is a human, it's going to hurt!

The good news: my bike comes home tomorrow and I'm going to rebuild it and turn it into a Triumph Thruxton. I just need another cylinder and a few other bits & pieces.

Seriously, I'm going to buy back the "wreck" and fix it up with second-hand parts with the help of some friendly KBers.

Thanks for asking

[Ralph]

What a read and some great advice, thanks for sharing your experience klingon. I had no idea this went on.
It's made me a bit wiser if I end up in a similar situation. Glad i won't have to find out the hard way.
Thanks.

[Wannabiker]

Hi there, Re the fog issue and changing memories. ....don't forget, most cellphones have a camera built in these days...take some pics at the time of the incident (Especially if you are not in the wrong).

[peasea]

Hi there, Re the fog issue and changing memories. ....don't forget, most cellphones have a camera built in these days...take some pics at the time of the incident (Especially if you are not in the wrong).

Yup, that can help! Good advice.

Years ago we got walloped severely around Mangaweka, twat pulled out of his drive onto SH1 and stopped on the centreline!!!! I had a bank on the right and a drop on the left, I was hoping he'd roll forward and I went to swerve to the right (into the oncoming lane but it was empty) but no, he saw me, got a panic going and I clobbered his rear with my left front doing about 90kph.

Cop arrived and while he was doing his bit I raced around taking pics with an old Olympus I had. Those pics made it soooooo easy in court! They showed the angles, the driveway, point of impact on the cars and all that. The jappa driver was found guilty of 'whatever' and so my insurance company went to work on his (or maybe him, who cares?) and our Fairlane was fixed. We actually made on the deal.

If you are able, take pics!!!

[BevanPT]

I had an incident a few years ago (car vs car). We exchanged details purely for our insurance companies as always easier to let them deal with it. Figured that was the end of it until I got a phone call from the police a few days later. The other driver visited the local cop shop and made a statement - police rang me as part of investigation whether to charge me with a driving offence. Charges never eventuated, but I had to go and give my side of the story to the police as well.