My luck ran out

PJ13

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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
 
Was the junction marked? Was he the wrong side of the markings? Has he a license? JJH
 
Yes it was marked and yes he was wrong side of the centre line. I was waiting about a metre short of the give way line on my road and about a metre my side of the white centre line. Rospa would have been proud of me.
I happen to know he had some form of licence as I saw it in the policeman's hand at one point, but the nationally recognised security firm who employed the driver (I'd rather not say who in case it prejudices anything, but we all know them) and the police can confirm his entitlement to drive that class of vehicle.
PJ
 
Hi

Did you have a sat nav on the bike? If it was recording your track, it would show a stationary period. May support your case if the third party reckoned you were moving.
 
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.
 
The Nav V has speed tracking TeaPot1 has a recent video explaining how he used it in an insurance case in similar cirumstances
 
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.

+1

So sorry to read the post. What a horrific event.
 
You are fully comp ? Tell the insurance co you've been knocked off - give them your story - the police details and let them sort it all out... They pay for your repairs "comprehensive" and it's up to them to reclaim...

Why would you not claim?
 
Sadly neither satnav or helmet/bike cam. Was always something to get round to next week/month/whenever.
As for not claiming immediately on my own comprehensive policy, just held off that bit in case it would make any possible difference to renewal premiums etc. If the general opinion is make a claim and let the insurance companies fight out out between themselves, then I shall do so.
Andrew Dalton is a name I think we're all familiar with and he had sprung to mind so thanks for that.
Another concern I had about any possible claim is my immediate priority was my daughter so the bike was left on its side with the engine running for 30 seconds, perhaps a minute, can't be sure, before I went back to it and hit the kill switch. I haven't run it since but I wonder about the top end on one side.
PJ
 
People replying to this thread should have in mind that there are two completely separate questions wrapped into the opening post:

1. How should he deal with his / the third party's insurer?

2. What should / might he expect from the police?

The answers to question two may (or may not) have some influence on question one. The only real certainty is that it's not the first time it's happened and it won't be the last. There is nothing to stop the fellow bringing a claim against the third party, irrespective of any separate police investigation and / or subsequent action and / or his GPS tracks.

Carry on....
 
Right you were on your side of the road 1 mitre behind the stop line and 1 mitre to the left of the center line. That’s the way I read it. Driver turning right has committed an offense by cutting the corner regardless of whether there was anybody there or not. The fact that you were stoped is not really relevant to his offense. He has committed a fundamental motering error. The fact that it was the back of the vehicle that done the damage leads me to question his competence. It is a error that you would expect a learner to make. JJH
 
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....
 
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....

You mean you don’t know? I’m lost for words. John
JJH
 
JJH, you're correct in how you read my description, stationary, within my own part of the road and Wapping, thanks, perhaps the police part is a bit of a needless detail, but I added it for the full story. Their report should I hope add weight to my statement and whilst I'm not normally of a religious mind, its amazing just how many people or entities you start praying to when a 5 ton slab of metal is rolling towards you and you can't backpedal 400+kg of bike and riders fast enough. I would have signed up for at least one Christ and half a dozen Cardinals at the time.
 
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?
 
Thanks Solid, I suspected that was how it would go, but with 4 people now saying make the claim I think I need to go back to my insurance company and set the wheels in motion. I will also contract Andrew Dalton to see if he adds anything.
I will update this thread as and when anything happens just in case anyone wants to know.
Thanks to all
PJ
 
I'd guess that the truck was fitted with cameras If the footage is examined it may help your claim?
 
Glad you both ok, if not shaken.

When you make your claim your insurance company may offer to have bike recovered to their repair shop - you can stick out and insist it goes to a dealer for repairs, sometimes we hear horror stories about quality of repairs from insurance companies own repair shops.

Good luck
 
Don't forget to inform your car insurer, if you have one, of the incident regardless of liability or outcome and check the details in the Police Report are correct .... glad you're both safe and good luck .....
 


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