My luck ran out

Thanks to all. Yeah, I'll inform the car insurance too and I would hope any increases in premium would become part of my claim against the other party. I asked if they had a dashcam and I must have been hit by the only armoured security truck in existence that has no cameras fitted!?!
Hey ho, we're both alive and uninjured so got to be philosophical I suppose. Just feel gutted for the state of my Hippo. Well, its huge, grey and ugly (in a good way), remarkably like myself in those respects, and the nickname seemed to fit.
PJ
 
Unfortunately not, busy main road, but no-one stopped if they did see it happen, quiet country lane that I was on with no traffic following me
 
I'm going to have to rely on photographs of the vehicle stopped with its back wheels on my side of the white centre line (thankfully he did stop and then didn't move his vehicle until after the police had arrived, taken their own photographs and told him to move). The bike has lots of small gouges out of various parts, cylinder head cover, engine bars, side stand such as you would expect if you lay it on its side and ran several tonnes over it, but there are no sliding marks that would/should be present if I hadn't been stationary. Indicators, screen, mirrors, handlebars, top box are all unmarked.
 
The fact is, even if you make a "no fault" claim this will almost cetainly affect your renewal premium.

I suspect as you have now declared an accident (notwithstanding that you may not make a claim) this will nonetheless have an effect on your renewal premium anyway . And the fact that you have had an accident irrespective fault or whether you claimed or not is a fact that you will have to declare at renewal time anyway - even with new insurers - with the potential for an effect on premium.

Might as well make a proper claim then?

I find it very strange sometimes that people worry about claiming on insurance which they buy to cover the very thing they bought it for in the first place because there might be slight hike in the rate next year.
As far as I can guess from this particular case, there could be a few thousands of pounds worth of damage to the front end including forks, wheel, brake discs and subframe etc, possibly cosmetic damage as well and damage to helmets,
Yes I understand it is a bit unfair if its not your fault but in this case I think it should go in his favour.
I would claim for this case without a second thought, I hope it all works out for you and I'm glad you are both ok.
 
Gazza, you are right. As you and everyone else has said, its what we pay the insurance for and the more I talk about it and the more people have been kind enough to offer their opinion the more I think I'm being daft for even thinking about not claiming. Mind you, I hope you're wrong about it going in his favour.
PJ.
 
Glad you are both OK.
Everything else will be sorted out. surly it is 2 witness statements against one?
For me I am going to fit a front \ rear dashcam on my No: 1 bike and run a /gopro on my other bikes.
 
Unfortunately not, busy main road, but no-one stopped if they did see it happen, quiet country lane that I was on with no traffic following me

Without a witness it is going to be harder to prove. The other driver is unlikely to accept responsibility.

I terms of insurance you will therefore struggle to get no claims reinstated.

In terms of personal accident claim the lawyers take 25% of any award if they agree to take on your claim. They are best qualified to judge your position.
 
Gazza, you are right. As you and everyone else has said, its what we pay the insurance for and the more I talk about it and the more people have been kind enough to offer their opinion the more I think I'm being daft for even thinking about not claiming. Mind you, I hope you're wrong about it going in his favour.
PJ.

I meant it should go in your favour, I should proof read more carefully,
 
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
 
Don't just accept it when your insurers potentially tell you to go for a 50/50 fault liability as there are no witnesses.
I had similar incident when a lorry crossed into my lane & clobbered the side of my car (we were travelling in the same direction but he swerved from his lane into mine at a junction).
He denied all liability, no witnesses etc.
I took photographs of the lane markings, road layout, my intended direction of travel & his intended direction of travel and refused to accept any responsibility (because I hadn't done anything wrong).
At every step of the way my insurers told me to accept 50/50 & at every step of the way I refused to.
A court date was agreed & I was happy to go along & argue my case but a week before the case was due I got a letter from his insurers admitting liability & paying out all my costs in full.
 
Scraped paint on the bike will show if you were moving when hit. Vertical grooves show the bike was pushed over and slid along by the impact. Horizontal scrapes are more typical when the bike was moving forward when it fell over.
Real life is rarely that convenient. But if the bike has only vertical scrapes maybe the other side’s insurance can explain how the bike managed to levitate itself up a wall.
 
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 :blast

Give it a rest just once, its called a typo :beerjug:
 
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
 
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
 
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
 
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.
 
So, contrary to the fears of the masses, everything is quite calm. Keeping it that way, would be my advice.
 
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.
 
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.
 


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