Morning all, I’ve never had any claims on the bike or against me before so need a little help. This morinig on my way to parking the bike in the St pauls area, I’m behind a car turning right. He’s turning slowely and I’m about a metre behind him following with my own indicator on. The is an slight incline here, not much but enough to make wheeling the bike back difficult. He stops, pauses and starts to revearse toward me. I tried to wheel back then let rip with the horn, he slowely hits my front tyre and kepps going just far enough to ping out some of his bumper. Fella gets out shouting about why I don’t get out of the way and is straight on the phone before starting out with the camera.
Turns out its a hire car and I could have given the bumper a quick thwack to pop it back in. No further damage to either of us. So now he’s gone the insurance route and I’m disputing absolutely that I’m responsible. One witness who by the time I got my lid off had buggered off:angry:
How do things work now? his word against mine and I guess I could have been at fault from an assessors point of view. Really annoyed with cagers who just refuse to see anything bigger than a truck.
If he reversed it’s his problem… end of… Contact City Police they have a good network of CCTV camera’s covering the square mile and it’s all on instant access hard drive. Where exactly were you? Newgate Street?
Same thing happened to me - normally the one at the rear is blamed as its assumed that you banged him.
White van man that wrote off my bike changed his story when it came to talking to the insurers but luckily I had a witness and he didnt! Otherwise I would have got the blame.
He is at fault for reversing without taking due care. the fact that you sounded your horn is in your defense as you alerted him to your presence, but he did not take the hint. Get police involved for CCTV coverage and fight him on this. YOU are not to blame at all. He was indicating that he was turning etc… Did not check before reversing and ignored being hooted at.
Make clear that you used your horn before there was any contact. There is no presumption that it is the fault of the vehicle behind, only a presumption that moving vehicles should keep a safe distance and respond appropriatly to other vehicles. If a slowing or stationary vehicle is hit from behind the vehicle behind had not complied. If he reversed or rolled backwards he didn’t comply with that. However, although you were statonary and that will help you, you should always leave a bike length back to ensure you were not hit like this, especially on a hill. The highway code doesn’t require that but does say you should never be so close that you could not manouvre round the vehicle in front if it breaks down.
[Edit] BTW - in civil law it is the person who makes the claim who has the burden of proving the claim is valid and it is decided on the balance of probabilities.
If he claims against you he would have to convince a court that he was stationary and you went into him. Unless he has a witness, as long as the damage to his vehicle is consistent with him rolling backards into a stationary motorcycle his claim would be likely to fail if your story is that you were stationary and the lack of damage to your bike is consistent with that. I presume you have no damage and are therefore not making any claim.
if it happened as you describe its his fault, simpleif neither of you have any witnesses there is always the possibility of the other party lying and ‘finding’ a witness suddenly, happened to me with a lying scumbag in liverpool a couple of years ago, ars8hole claimed whiplash for a car park prang that didnt happenas its a hire car he will prob just leave it with them and nothing will happen (he prob over-reacted due to worring over the hire car contract), its not as if he can lie in some way to claim injury or anything (if you were in a car he could try this on)
Cheers for the replies and PMs guys, been busy at work so no tome to respond earlier. As i said I could have sorted the ‘damage’ our with a solid thump, as I’m thinking about it, I’m hoping someone at the hire place will do it and leave it at that. I’ll def give the police a call and see about cctv, this being the city -off ludgate circus (pagentmaster street) there should be plenty.
if you do get CCTV evidence against him under the freedom of info act (or whatever) and it shows he is totally at fault, hold it back so he really digs a hole, all the while shout out how he is lying,then turn around and instruct your solicitors to sue him for malicious such and such, slap the CCTV in as evidence and scr*w the muppet, he’s trying to do you so get him back, maybe he will learn a lessonmind you nothing might come of it…there i’ve calmed down now :
You know, I’d love to know with all this CCTV around, how much it gets used for traffic accidents of this nature? How long do they keep it for? Do they care? Do they try and find out when they see an accident?
I don’t have any advice, just expect this to take 6 months to a year at least.
If there’s no CCTV, I’d find a witness wink wink. Someone you don’t know wink wink. Expect nothing less than this driver to claim you wheelied into his rear end whilst crapping on a picture of the Queen and terrorising new mothers.
Still no letter in the post - so far so good! Looks like the muppets hire firm just pushed the bumper back into place and told him to look where he was going in future.
