A blind old bat decided to cut me up while filtering and decided to claim against me for “sustained loss”. It’s my first year riding and I can’t afford to have a claim against me. 2 questions:
Does anyone know of experienced, ‘no win no fee’ motorcycle claims lawyers (or lawyers specialising in helping motorcyclists avoid the actions of ignorant drivers)?
Anyone know of (or has won) cases where they were overtaking in the centre of the road and could not stop in time for a car cutting across them?
Really appreciate any advice on this. As if having to replace all the fairings on my beautiful Daytona weren’t enough to worry about!
Speak to dancbr600rider as I beleive he deals with insurance. I’m sure he could give you some good advice, or like Joe said, give rider support a call.
Well hello sorry to hear bout ur little mishap. All i can tell is that if you are filtering it is called ‘making your own line of traffic’.
If you have an accident whilst filtering they say that you are 50% to blame, even if one blind bat who clearly doesnt know how to use mirrors or indicators pulls out it is classed as knock for knock or 50 / 50. Unless u have a witness.
Goodluck i hear rider support are very good. My old place of work has used them often. ( motorcycle training school )
Another good place for advice is MAG Motorcycle Action Group.
Technically there was a witness, yes, but did not get the details. The other driver did. Can try to follow it up. Seems a bit stupid if both claim on each as everyone loses, but it depends what she’s asking for. There was a small scratch on her 1980 Vauxhall Nova, and my Daytona needs complete new fairings and I need new gear. Hardly seems fair! Hence the need for some advice.
Exactly. Chase it up and see what you can get. Then try MAG they are the group who are trying to fight against this 50/50 law. Filtering is such a grey area when it comes to the road Traffic act nobody can actually agree on it.
ROSPA say one thing and IAM say another, but cases like this are so common. So i wish you all the best.
As bumble says I think it is classed as 50:50 fault / blame as it is accepted that bikes can filter, provided it is done with due care and attention to other road users, ie not taking the piss and filtering at stupid speed.
rider support is good if your insurance company does not provide legal cover and especially for untraced drivers (served me excellently) but the first port of call should be your insurance company. If they arent playing ball, contact rider support.
I’m using RSS for a claim thats going through at the moment. I was TPFT and the claim is expected to be settled on 50/50, but they got me a hire bike at no cost to myself and they got me £2100 value for my bike which was valued and insured at £1700!! Just waiting to settle on clothing/personal injury etc. Dunno how they done it but they did! They’re a fantastic company and I would highly recommend them!
The real problem as far as I can tell, and having observed it, is that people in this country, like in the US grab for the sollictors right away. In my country (France), people go have a beer or glass of wine and discuss the matter without involving insurance and lawyers because they take value away from everyone…
I would say that if she has a crap car, you’re better of buying it!!! I usually think like that - worst case I own it. can’t be worth much money.
You buy it from her, agree to pick it up in front of her house.
Then a gang of us, all show up and trash the car completely (once you’ve paid her) and leave the wreck in the street. Would piss her off so much that we buy it and then thrash it in front of her, no?
(it’s mainly because someone sueing for damages on a vauxhall nova clearly has no money and is desperate so seeing that we can aford to burn 500GBP would be the ultimate insult to her).
Maybe we can spray champagne on you afterwards as well. just to bring the point home.
I don’t know where you’re getting these ideas from, but i like the way you’re thinking… Lets first get my claim for personnal injury (concussion, neck and back pain - aka. Whiplash, always a high roller) and the parts for my bike and gear (ca. £3000) and then go crazy… I’ll even buy a bottle.
Hi Guys, here’s the email i send to Rider Support, to give you all some context:
Dear Sirs,
I was involved in an accident in early December last year. It occurred on the A3 at the bottom of West Hill, London, a 30mph zone. I was behind 3 cars at a traffic light and following the green traffic moved off, but slowly (around 15-20mph), I moved out to the centre of the road as there was no oncoming traffic for over 100m and accelerated to 30mph to overtake.
I moved past the back of the last car, but the car infront cut across the road to move into a sideroad on the right. I was in the centre of the road before the car made the maneuver. I was not able to stop my motorbike to a halt before i would have contacted the vehicle therefore I had to swerve and drop the bike to the ground. Both bike and I slid and from what i believe (as my helmet visor was contacting with the road) the bike contacted the side of the car (causing minimal damage - a small dent) and I believe so did I, although I cannot confirm this. The car driver was not harmed in any way.
I received correspondence for the car driver’s solicitors that she intended to claim for “sustained loss” as a result of the incident. I had not pursued a claim to this point, but am now considering my options. I am a first year rider and can ill afford a claim on my record. However, if i have a viable and clear-cut claim against the car driver I would fully pursue this as I have sustained the following cost:
Replacement fairings and respray (approx. £700 and £300)
Replacement helmet (approx. £300)
Replacement Jacket (approx. £350)
Full dealer inspection of the motorbike (approx. £100)
Replacement parts due to damage (approx. £100-200)
In addition to this, I received a concussion due to the head injury, for which I would be prepared to pursue a personal injury claim, as it impacted on my ability to think and work for at least a weak. I also sustained pain in my neck and upper back. I have hospital records to confirm this. The car driver took details of a witness, but i do not have those details currently. I can also contact a Fireman who gave me a first aid examination at the site of the accident, but did not observe the accident.
Sounds like you were overtaking, not filtering. And I’m guessing she didn’t indicate? Sounds like you have a case against her. Pity you didn’t get a witness statement, but her witness isn’t actually “her” witness. It is “the” witness! The only problem is if that witness statement is not in her favour, her solicitor will make it dissappear. You need to try and get that witness’ contact details.
Kidding!!!