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Thread: My luck ran out

  1. #33
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    Quote Originally Posted by Wapping View Post
    One mitre? Is that some sort of official ecclesiastical unit of measurement? Two mitres in a bishop, five bishops to the cardinal, 20 cardinals in a pope, 100 popes in a christ....
    Or twat in Wapping

    Give it a rest just once, its called a typo

  2. #34
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    Quote Originally Posted by PJ13 View Post
    I fear you may be right, certainly the driver was in no mind to admit anything and remained adamant that I wasn't there but then suddenly was and so I must have been travelling at huge speed despite the bike being on its side one metre short of the give way line without any signs of a slide Time will tell I suppose.
    PJ
    He cut the corner. Period. Weather you were stopped or not is not relevant. He has committed an offence by doing so and is responsible for the conceunnces of his actions. He can say what he likes. The facts are lying on the road. JJH

  3. #35
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    Quote Originally Posted by PJ13 View Post
    Hi folks, been a member on here for a couple of years, but didn't think I had anything to add to your multiple debates (and arguments) so I haven't posted anything before and I regret my first post is going to be this one.
    Wednesday afternoon, beautiful day, half term, took my daughter out for a gentle ride on the back of my 2011 TC GSA.
    We got to a t-junction, stopped and waited for a gap in the traffic on the A-road I wanted to join. Approaching from the left was a security truck indicating to turn right into the road I was waiting in. He cut the corner, the front of his vehicle went round us, side of vehicle hit us and knocked us to the ground, rear of his vehicle went over my front wheel as the bike was on its side.
    I have no independent witnesses, but I did grab photographs on my phone of his vehicle with back wheels still on my side of the road. The bike's front wheel looks like a pretzel, there's lots of minor-looking damage down left side of bike where it lay on the ground and was 'assaulted', there's a small patch of blue paint on the rightside spotlight bar from his van, but there are absolutely no scrape marks from sliding down the road because we weren't moving. Our bike kit has no damage except small dents in our helmets as we fell into the road.
    At the time the driver declared I was obviously going too fast because I wasn't there when he checked the road before turning and I must have hit his vehicle, just to repeat we were stationary
    Police were called and they told me that his statement was taken under caution, my statement was taken not under caution and I have an incident number from them.
    I had the bike recovered and brought home, for your info I thoroughly recommend Auto-aid for a breakdown service, they were excellent.
    There's the long story, now to the point of it.......
    I've been lucky, haven't made a claim on insurance in twenty years so I'm looking for some advice. Where do I go from here?
    I've informed my insurance company, but said I wanted it to be advisory only at this stage. They said it wouldn't stop me going back to them to make it a claim later. I'm comprehensively insured, what's my best course of action?
    Thanks to anyone who reads this, more thanks to anyone who can advise me.
    PJ
    Advise your insurer that he 'may' have a dash cam, they'll ask his insurer. However as a large security firm, they'll have a satnav tracker system which will show his speed whilst cornering, from there any collision expert can extrapolate how is vehicle went around the junction, again Andrew Dalton or similar will ask for it.

    As for repairs, depending if it is still under warranty, only a main dealer, if not a dealer of your choice.

    Finally, hope your daughter isn't put off biking, and that it all gets sorted quickly.

    Sent from my GT-N7105 using Tapatalk

  4. #36
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    Quote Originally Posted by oldnfat View Post
    Sorry to hear about this....fortunately you are both OK. My advice on this is not to take any advice on this other than mine. You need this marked down as a no fault accident otherwise you will be paying for it in premiums for the next 5 years. The issue here is about road positioning. It is an offence to cut a marked junction end of.

    Get some advice from a legal professional....Andrew Dalton of White Dalton by reputation. In the meantime, you can instruct your insurer to pay the claim and then recover from the other party insurer. They will want to use their solicitors. You have a right to appoint your own. If Dalton think you have a case then go for it.
    I agree, let the Insurers sort it, if you took legal protection they should pursue the other party for your uninsured losses

  5. #37
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    As per the collective advice, called White Dalton. Spoke to Andrew Prendergast, nice guy, was willing to give me a fair bit of his time running through 'what happens now' and I had info from him through my door the following morning. Whilst I haven't employed their services yet, to paraphrase what Andrew said 'no injuries and so need at this early stage', if you can recommend anyone based upon how they come across on the phone, I would recommend Andrew to anyone needing legal advice.
    Next stop was my insurers, the claim is started and the BMW dealer picks up the bike next week to prepare an estimate for repair. And so it begins.

  6. #38
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    So, contrary to the fears of the masses, everything is quite calm. Keeping it that way, would be my advice.

  7. #39
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    Sadly true, as insurers just love pointing out it's a "No Claim" not "No Blame" discount, which is why lots of people spend the extra to protect it. IMHO your photo showing his rear wheel on your bike's inside your half of the junction will be ample evidence it was his fault, not yours. I've also heard Andrew Dalton is good and judging from reading his advice, his reputation seems well-founded.

  8. #40
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    As I read it your were hit before the stop line at the end of the road you were on. In that case whether you were stationary or moving you were on your side of the road in a position you were legally entitled to be. Even if you had been moving forward you were still on your side of the road before the stop line therefore doing nothing wrong. Hopefully the photographs not only show his position but yours as well, it is highly unlikely you would have dragged your bike across the road after the incident. If you had hit him as he claimed you would have had the accident on the A road and not the side road as you would have had to cross one lane to hit him as he was turning right. Go all the way, go to court if necessary judges are not stupid when it comes to traffic accidents - see below

    I had a car crash last year where somebody decided to straight line a roundabout and clipped my front nearside corner, he claimed I had run into him. We went to court and the judge summed it up nicely - if I had run into him I would have hit front to back and the most likely version of events was he cut the roundabout as you see every day, case won with full costs and no loss of no claims bonus.

  9. #41
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    I would like to offer the following advice.....avoid being run over if at all possible, a fraction over Ł8100 is the repair estimate from the bmw dealer. Waiting to hear what the insurance company says.

  10. #42
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    It's plastic and metal. It can be repaired or - if it's more practical or sensible to do so - it can be replaced. That is what insurance (either yours or the the third party's) is for.

    As the solicitor confirmed, there are (thankfully) no injuries, which are sometimes not so easy to mend. It's now just a matter of time and detail.

    The accident occurred on 28th October, so in near enough two weeks, you've spoken to the solicitor - who, from your earlier post, you like and seems calm enough - and you now have the full estimate back from an authorised BMW dealership; things are moving on.

  11. #43
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    Quote Originally Posted by JJH View Post
    He cut the corner. Period. Weather you were stopped or not is not relevant. He has committed an offence by doing so and is responsible for the conceunnces of his actions. He can say what he likes. The facts are lying on the road. JJH
    Cutting the corner is not, in itself, an offence AFAIK. In the scenario described, the offence could be driving without due care & attention.
    Dogs welcome

  12. #44
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    Quote Originally Posted by Buckingham View Post
    Cutting the corner is not, in itself, an offence AFAIK. In the scenario described, the offence could be driving without due care & attention.
    As far as I know it’s an offence to cross a contuineds white line. JJH

  13. #45
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    JJH- depends on the circs & the OP didn’t say whether he was approaching a give way line or a stop line. It’s only a solid centre line that you don’t cross. Eg on a managed motorway where the hard shoulder is a running lane, you can cross the solid line moving from lane 1 to hard shoulder.


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