Thought I'd share my story just for some light reading :)
Took my old 1979 BMW motorbike out 5 weeks ago for a run out to warm the gearbox oil before change, literally a 15min loop from the house. I was travelling on a national speed limit main road to Halifax behind a Tescos delivery van when a guy (late 30s) stepped out to cross the road after probably 1 or 2 secs after the van had passed him, not even looking my way. I was travelling about 45 and just didn't have the stopping distance and actually hit him with one of the cylinders on the bike and come off myself - I'd shaved as much speed off as I could and swerved as safe as I could to the right without going into oncoming traffic.
After 2 days in hospital, 4 weeks in a sling for broken clavicle it was clear that the bone needed plating and screws as it was actually further apart from when I did it. So I had the operation last Monday and still off work with a new scar, metal in my body and arm withering away looking like Gollums :D
1 plate and 8 screws - sounds like a buffet at a brothel.
Predicament now is as the accident wasn't with another vehicle I can't claim for damages against vehicle insurance so it's either speak to the guy directly about compensation for the bike/kit/me damage or go through a lengthy solicitor process. I'm definately not one to take the p1$$ on the blame culture but this was an accident caused by someone not paying attention which caused me pain and loss of £ e.g recovery was £300, helmet was £350, loss of OT through work - theyve been great with full pay though and lots of stuff this has impacted)
2 specific no win no fee solicitors I spoke to said they would take the case, with up to 25% of compensation being paid to them.
I'm mindful of it being just before Christmas and a call to someone suggesting they pay £xxxx might be taking badly - what would you do? At the time of the accident the guy repeated said 'I'm so sorry, I didn't see you, it was my fault' and even gave his number to call him to let him know I was ok. Police arrived and found nothing amiss with me/bike/insurance and said it would be a civil matter.
All good stuff lol
Last edited by Afx; 12th November 2013 at 13:38.
Predicament now is as the accident was with another vehicle I can't claim for damages against vehicle
a bit confusing I though you hit a pedestrian?
however, if someone has caused you pain and suffering why shouldn't they compensate if they are responsible adults?
oops - edited :)
Originally Posted by soapy
Sorry to hear about your accident! Fortunately ,despite many attempts Its been ten years since I've been knocked off mine.
Firstly I am in no way a legal expert or work within the insurance industry. The MIB that is set up to payout people that are involved in an accident involving no insurance by another party is vehicle related and funded by motoring insurance companies so I don't think you could claim through this, it also had not been caused by a criminal act so the government fund for this won't be applicable.
It might be worth seeing if there is an applicable government hardship fund for cases such as this?, otherwise you might have to claim off your own insurance or the pedestrian.
The latter would be difficult without him admitting guilt in a police statement and/or witnesses. (saying sorry without witnesses won't count).
Good Luck, I hope you get back on the road soon. Lee.
Last edited by Lammylee; 12th November 2013 at 13:41.
Sounds like you should be entitled to make good your kit and expenses - if I was the chap I would pay up, seeing it as small price to pay for not being hit head on!
Cheers Lee, after speaking to the officer he did say the guy had gave a statement saying he hadn't seen me, even though the BM's headlight cannot be turned off and I was wearing hi vis vest. It's definately something I need to think about on how to proceed...my morals are saying not to use solicitors and to speak to the guy.
Contact him and ask if he would like to settle for your damages. If he declines, just say politely, "ok, that's fine I'll leave it up to my insurance and/or solicitors to sort out with you directly then - thank you for your time".
Then I'd consider which solicitors to use.
It's just a matter of time...
I agree if I was in the same boat although would you be offended if I added the repairs and damage up to £5000 and called you just before xmas? :D Parts are expensive to replace on the bike as its 34 years old and difficult to come by...plus respray/labour...eek
It may be worth seeing a solicitor. A lot of solicitors will offer a free initial session to advise you what to do for the best. It may be covered on his home insurance too.
Think this will be the best way - one solicitor had suggested this funnily enough..bike claim specialist...nice to see theyre not all out for the buck
Cheers
All I'd say is avoid making a claim against him if you possibly can. Or doing anything which might prompt him to make a counter claim against you.
Simply because I know how heavily weighted in favour of pedestrians the law is, and you might find if this went to court, his claim might be more successful than your own.
What he said at the scene can easily change.
Morally, obviously, this accident was his fault, not yours. But the law might not see it that way.
As the pedestrian was a mature adult and not a child, plus the type of road and no defined crossing I think it's better for me but yes, I've been mindful about a counter claim even though I wasn't in the wrong - sucks to be innocent :D
- - - Updated - - -
Surely you can claim on your own insurance & leave them to subrogate the claim however they see fit?
If I had taken legal cover out as an extra on the insurance I think I'd be able to use it - I didn't have legal cover on the classic policy unfortunately.
Use specialist bike solicitors and mine did not take any money out of my claim.
In our curent claims culture society where people seem to claim against anyone for anything this seems to be a ridiculous situation although I guess the critical factor is the guilty party being an individual and not an organisation.
I would definitely seek legal advice as to how to proceed and what the chances of success are before making a decision although the fact that you can be in this position is laughable in itself. I have been informed by my insurers that the clown who caused my accident in August has now submitted the inevitable personal injury claim for whiplash.
Makes my blood boil!
I have not yet made any claim for my injuries as I didnt have personal accident cover on my policy and have steered clear (to date) of the no win/no fee mob although I have been advised by my insurers to submit a claim.
Can anyone recommend a 'decent' route/company to get in touch with?
I agree
I also hope you recover soon.
None classic insurance policies are available which will cover:
- Your helmet (and leathers)
- Recovery
- Repairs and accidental damage
but would not be able to cover overtime which you didn't work?
I suggest that you have under insured yourself.
Carol Naish do fully comprehensive insurance with protected no claims, recovery, and legal cover.
So it was your choice not to choose an adequate insurance cover.
Personal injury would be another issue.
Accidents happen.
I wonder what would happen if it was a dog, cat, or 3-year old child who ran out.
Sorry to hear about the accident.
If you are lucky the blokes house insurance might have personal accident cover.
Also - our annual holiday insurance cover will include trips in the UK.
It's worth contacting him - but don't expect him to pay you for overtime work you didn't do.
Personal injury would be another issue.
Accidents happen.
I wonder what would happen if it was a dog, cat, or 3-year old child who ran out.
[/QUOTE]
I actually have pet insurance that also covers me incase my dog causes a road accident, this suggests ownership carries liability.
Wouldnt your own insurance cover you - same as if you'd hit a tree??
I don't think you'll get lost potential earnings paid out, but I'd have thought your insurance would cover the bike and your gear?
Might be off field here but don't most buildings / content insurance have a personal liability aspect that you could claim against , not yours obviously but the guy who stepped out and admitted liability at the time?
^^^^^
This but also he could have an element of "Personal" Third Party Liability through his household insurance which would take the pain away if so.
Best of luck.
found it
here is the no of a motorcycle dedicated accident not your fault company.
I met one of them in a bike shop, they ride bikes and seem to know what they are about.
I didn't need them for mine as I had paid for legal help with Carol Nash.
Mcmams
0845 054 1000 24hrs
When a legal confrontation is looming it is amazing how stories can change!
If you claim against the pedestrian he will undoubtedly counter claim against you and it will roll on for ages.
TBH I would put it before my insurers and let them sort it out.
Cheers,
Neil.
Same here.
If he has already told a police he wandered in to the road without paying attention then changing his tune will go badly for him...
The pedestrian may well have some form of personal liability insurance so if it were me I’d be speaking to him before involving solicitors.
R
Ignorance breeds Fear. Fear breeds Hatred. Hatred breeds Ignorance. Break the chain.
I keep thinking how will the other person pay, assuming he does. What kind of insurance would cover walking into the road and causing an accident? How many people have that type of personal liability insurance? Not too many, I would think.
It might be that you will have to get paid through third party or the other person's home insurance. That would involve solicitors anyway.
It is definitely worth at least contacting him first. I know if it was me I would at least appreciate the attempt.
Did the other fellow get injured, too?
he was probably dazzled by your lights [rolls eyes].
http://forum.tz-uk.com/showthread.ph...ped-headlights
The MIB wouldn't deal with this- they only deal with claims against uninsured motorists.
His household insurance might provide public liability cover, but it's unlikely.
Even if he does have insurance, Courts are incredibly reluctant to find against pedestrians. They will say you should have seen him, and anticipated he might step out.
His household insurance will probably cover him (it covered my mother when she hit a car with her shopping trolley...). Whilst it is right to worry about affecting him personally really the decision should just be was it his fault & let the rest sort itself out - he could be a multi millionaire and be quite happy to pay for the damage he caused for all you know.
Not a likely scenario in Halifax!
He could have personal liability insurance attached to his home insurance.
That’s what I was thinking about when I posted earlier, I know we have it with ours.
R
Ignorance breeds Fear. Fear breeds Hatred. Hatred breeds Ignorance. Break the chain.
I have public liability while I am at work.
It would include crossing the road to go to the pie shop.
I would take up one of these offers if I were you, this is way too complicated to deal with yourself and the chances of the other party putting his hand in his pocket to compensate you are I would suggest slim to none.
Based upon what you have said you have a five figure claim but given the scenario you describe the Lawyers are going to have their work cut out to get you anything in order to earn their wedge.
It is possible that the other party does have public liability insurance by way of a Householders policy but even so the Insurer would have to be dragged screaming and kicking to pay anything on a claim like this.
Assuming you're correctly insured yourself I would have no concern about a counter claim as your Insurer would deal with the Third Party aspect (assuming you have reported the incident to them which you are obliged to do).
Trust me you're going to need a very, very good Lawyer on your side.
Best of British Mate and let us know how you get on.
Digger
Almost all home contents policies do include personal liability - assuming he has home insurance.
Solicitors taking 25% is normal now following a recent change to court awards. Damages have generally been uplifted by 10%.
+1. I came to this thread to say this and find it's already been said. Never mind the nay sayers, get someone motivated on your side and they'll get to work. Was there any witness to the incident or witnesses to the pedestrian's comments? Maybe he repeated himself to the police? That would assist you greatly.
GL!
When someone is injured in an RTC the police complete an injury accident pack that shows all the details of those involved, their initial accounts and what the officer believes the reasons/causes for the collision were.
Your solicitor can request a copy of this (they pay for it).
Sounds like a good approach to me.
The fact that it's near Christmas is irrelevant.
As i have said this company specialises in these cases for motorcyclists,i phoned them for initial advice with my hit and run.
I sent the OP a PM but he did not reply to me.
Apologies soapy, reply sent - not been able to log on till now to reply :)
no probs hope you get it sorted.
Really appreciate the feedback, comments and good wishes from this post - thanks chaps.
From what I understand now regular overtime ie over the past 6 months can be counted as loss of earnings and is an overage over your last pay packets and OT makes a measurable amount of my pay. I also found a case in 2005 similar to mine where a pedestrian caused a biker to crash and the blame was 100% pedestrian -
http://www.scotcourts.gov.uk/opinions/2005CSOH166.html
http://www.digbybrown.co.uk/index.ph...department/394
I also realised I do have my own personal liability insurance on my annual worldwide travel insurance so the fear of counterclaim isn't as bad - anyone ever been claimed against on travel insurance? :D
Last night I was having pain in my shoulder blade just sitting back and tooks meds before bed - crap night sleep through pain and waking with numb fingers makes me think this probably isn't going to be as quick recovery as I thought.
At the end of all this I just wanna be mobile, able to drive/ride and be able to have a decent shower - tough getting to all those places with one hand! ;)
Cheers
Kev
Would pedestrians household insurance cover your claim against him?
"Bite my shiny metal ass."
- Bender Bending Rodríguez
If the guy has personal liability on his insurance then yeah - I also believe if someone has assets/property they can be looked at. It's also possible someone could pay 50p a week or nothing at all if they have nothing.
I did actually do some research on the address and name I got from the police and see the property looks to have a number of stables and has had a few Ltd businesses ran there under the family surname so possibility he would have some sort of insurance.
Oof! That brings bad (bad) memories.
After all the banter, I hope you recover sooner than later. That is the most important thing!
What he said.
As an ex motorcyclist, I can only sympathise and wish you all the best.
One of my bikes was a BMW R65 which I bought 1982 and only sold when I last moved house.
Do let us know how you get on.
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