Noobie Seeks legal type advice

[Oscar]

I didn't delete any posts. I don't think I have the rights to do so.

I wrote the reply in my posting window and edited it in there so I'm not sure which post you are talking about?

Paul N

I went on your comment:

I deleted what I had written.

What was that supposed to mean?

[outlawtorn]

I think Paul and Oscar should square up over a pulsating game of monopoly, the best way to solve differences!!!!!

My 2 cents:
Paying insurance sucks, we are paying hard earned money for what might happen! Doesn't make any sense, but yet, strangely, it does.........

dammit where's my medication got to......?

[Blakamin]

I went on your comment:



What was that supposed to mean?

he deleted his words before he actuallly posted it!!!!

[XP@]

It is not always the bikers fault, if this were the case then it would say so in the road code...

If you were on the main road and they were coming out of a side road and you connected then it is their fault full stop end of story. You had right of way, if you are unsure check out the Road Code, lots of nice examples in there... You will probably be able to point at one of them and say "that was supposed to happen but the red car pulled out so I..."

I have used photocopied road code examples in the past for insurance claims, it works a treat.

You can learn though... Before the next time I suggest you find an empty carpark of your own and practice max effort stops, I do a session about every 6 months or if i swap bikes. I also use a max effort stop on the motorway off ramp most days on the way to work. The point is that you may have been able to stop, or slow to a speed where hitting the car is not too bad if you had eased off throttle and covered all brakes when you noticed the car. Then as soon as the car starts to go apply the brakes with enough gradual power to stop quickly. If you can leave a little initial trail of rear rubber when you start braking, this helps the investigators. - apologies for preaching, but i was preached to and i eventually listned and practice has saved my life hundreds of times.

[Lias]

Wow thanks for all the responses folks.

Lesson here to be learned. In event of accident where you know you are in the right, lie on the road until the cops come.

Amen to that

Who wrote down the details? you? or the driver? If its the driver's writing, you could possibly us that as a piece of fact in your favour. Why would a driver that you otherwise didn't hit stop and write down all their details?

Yes he wrote down his details. I've raised that very point with both the police and the insurance company and been fobbed off by both. "He told me he gave them to you purely as a courtesy" is what the cop said, and Protecta speculated that people do strange things when they have just seen a crash.

Now, so if the other driver stopped and gave you their details. Can you assume that there has been an acccident? And you are injured? If you are injured why was it not reported to the police?

I was injured (3 fractures to my right hand), I'm not quite sure WHY but I decided to ride home (less than 1km) with the broken hand and get driven to hospital from there. Thus no police/ambulance came to the scene, but I was in A&E within 20 minutes of it happening, and the police were phoned as soon as I got home from the hospital that night.

Check out his birthdate He aint 16.

I'm nearly 27, and have been riding for about a year, even if 3/4 of that was on a 50cc Suzuki streetmagic. The road the crash happened on is the road I've ridden down to work nearly every day during that time, so I was pretty familiar with it. I'll be the first to admit I'm not the worlds most experienced rider, but I'm not a total novice and it was on a piece of road I'm intimitely familiar with.

[Zapf]

Yes he wrote down his details. I've raised that very point with both the police and the insurance company and been fobbed off by both. "He told me he gave them to you purely as a courtesy" is what the cop said, and Protecta speculated that people do strange things when they have just seen a crash. .

cop is not the law. cop enforces the law. you ca tey taking that to court and esteblish the driver's intent and you might have a case.

[Lias]

Feeling quite a bit happier about things now.

I'd put up a sign (painted on the back of a hosue for sale sign) at the scene of the crash, asking for witnesses to ring me. Last night I got a phonecall from a bloke who didnt see the crash itself, but saw the scene right after, and saw the other guys car out in the road. This is great because hes basically been trying to say he didnt pull out at all.

Insurance company says I need to get something in writing form this guy, but overall feeling much happier about things.

[Paul in NZ]

Feeling quite a bit happier about things now.

I'd put up a sign (painted on the back of a hosue for sale sign) at the scene of the crash, asking for witnesses to ring me. Last night I got a phonecall from a bloke who didnt see the crash itself, but saw the scene right after, and saw the other guys car out in the road. This is great because hes basically been trying to say he didnt pull out at all.

Insurance company says I need to get something in writing form this guy, but overall feeling much happier about things.

Good for you for not laying down and taking a hosing!

Hope it works out!

Paul N

[Lias]

Took a long/early lunch and went out to see the guy at his work. Got a brief statement confirming that he saw the guys car out on the road, NOT still in the driveway like he claimed. Faxed away to the insurance company a few minutes ago :-)

Should hopefully be enough to stop him trying to screw me over.. *yay*

[gman]

for a hundy ill knee cap the bastard...mite make ya feel better..

[Coyote]

for a hundy ill knee cap the bastard...mite make ya feel better..

Thats the best rate I've seen, go for it

[toads]

Hi there, I can only offer my sympathy with firstly your accident and secondly getting screwed over by the guy that hit you off your bike and lied to the police etc, there is nothing I can offer in terms of advice, cos I usually the one that gets screwed over too, and hindsight is a wonderful thing isn't it.
If you have the guy's details still go pay him a visit, tell him what is happening to you and tell him why you think he is being unfair, it can't hurt maybe he'll decided to meet you halfway, so long as he doesn't have to retract his police statment.
Make sure you take along another person as moral support however, you don't want to be intimidated.

[toads]

Took a long/early lunch and went out to see the guy at his work. Got a brief statement confirming that he saw the guys car out on the road, NOT still in the driveway like he claimed. Faxed away to the insurance company a few minutes ago :-)

Should hopefully be enough to stop him trying to screw me over.. *yay*

fantastic!, I just read all the latest posts after posting a reply to your original post, I really should read the entire thread, but failed to in this case, I hope the insurance company decide to reduce your premium again and the guy that lied has to face up to his insurance company about it, he will probably have his insurers refuse to cover him in future I would think.