Topic: Ooops, binned it!

[naughty lee]

sure that most of the folks from last nights drinks are aware, i had an accident last night.

pootling along wandsworth rd last night when a pedestrian stepped out from behind a van.
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I only saw him for a split second, but it was enough to avoid hitting him square on. The result was that my bike (and I) hit the tarmac.
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It happened on a crossing I had the green light on the crossing and he stepped out on "the red man"
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Pedestrian was uninjured and ive got a bit of bruising to my elbow.
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The guy wanted to go about his business til i pointed out the damage to the bike.
I called the law and they took his details, a welshman working in london. I got a CAD number and his name/address
There is also an independant witness.
The guys seems to think that he isnt going to have to pay but is he liable?
This is the first accident ive ever had and obviously i dont wanna lose my no claims... any advice?

[pieman]

ouch, he might not have to pay out as I'm guessing pedestrians don't have insurance. I'd phone Rider Support Services, don't know the number, but it's in TRD.

[naughty lee]

just because he does'nt have any insurance doesent mean a court wont order him to pay for the losses i have incurred because of his negligence...surely?
oh BTW
he is a working, white hetrosexual male... surely thats got to go against him !

[MATTP]

If you have full comp then you should report it to your insurance company IMO. Did the police take down his information that matched what he gave you? Also was there any CCTV around that could help you?

Sad news and hope that you are back up and riding again soon '>

[naughty lee]

yes the police got his details, he produced his national insurance card, so his identity is bang on
will have to have a look around the area tonight for any cctv, good idea matt, i never thought of that.
anyhow, where were you last night? you missed a good doo

[Mr Rizla]

Ouch, sorry to hear but glad u ok

[naughty lee]

the good thing i suppose is that its a H0NDA so it all stayed together, so glad i didnt buy a gixer or a kwaker now !  '>

[Matt zx9]

Quote (naughty lee @ July 15 2006,10:07)

just because he does'nt have any insurance doesent mean a court wont order him to pay for the losses i have incurred because of his negligence...surely?

Its really hard to sue a pedestrian   '>

Even when they're in the wrong, its still usually viewed that as the vehicle driver/rider, its your responsibility. You can avoid paying them if you hit them and its their fault, but its much more difficult to get a pedestrian  pay for your damages.

And the fact you were on a crossing, even if was on the red man, will also go against you.

Even if you did win, the court would be awarding costs against an individual rather than an insurance company, so the chances are he'd end up paying five pounds per month for years rather than a lump sum (standard practise in court - demonstrate how poor you are, and then you can pay in very small instalments. Interest free)

So dont fancy your chances much   '>

But as suggested - get in touch with RSS for advice (although they normally 'charge' the other guys insurance, which wouldnt be the case here, so not sure what they'd suggest)


Moral of this story - Pedestrians are soft and squidgy. Hit them and not traffic lights   '>

Good luck!

Matt
zx9
 '>

[Mr Rizla]

[Burger]

Was sorry to hear this last night! It can happen to anyone but I did not think it would be you Lee your such a switched on rider.

I would of hit him sqaure on as I have heard so  many horror stories of people trying to avoid peds.

Glad you were ok mate and thanks for coming out even after the Bin. '>

[redrat]

unlucky fella but hey ride a bike $hit happens glad your all good mate , first i heard of it but hey i was very very intoxicated by the time i met you  '>

[slim]

Call RIDER SUPPORT on 0208 246 4900. They'll be able to help mate.

A

[Darkmonster]

Quote (slim @ July 15 2006,09:30)

Call RIDER SUPPORT on 0208 246 4900. They'll be able to help mate. A

What Adam said...as well as others....

 '>

[john]

bad luck mate, good that you survived reasonably unscathed '>

Be aware there are some issues with pedestrians on crossings, even if the lights are green, you may have problems making a claim against them, get some legal advice I reckon.

[naughty lee]

ive posted on a police website and got this reply

"You pay your insurance company to make enquiries for you in these circs its part of the policy however try yourself first without involving the insurance. Hopefully he was spoken to by the police and made some sort of admission. If not the witness will be important. If you have the pedestrains name and address your insurance firm should chase him up for the costs of repair etc. Obviously pedestrians are not insured like motorists.

So in short chase the guy for the damages. If he refuses to play ball get your insurance to chase it up for you and you may have a claim at small claims court. "

[Aceman]

From my own experience of running a pedestrain over, I was told by a cop that "Pedestains do not have to comply with Road Traffic Acts.  We won't prosecute, but you can bring a private prosecution against him".  However, there is a chapter in the Highway Code for pedestrians, and even thought the Highway Code itself is not law, many of the guidelines within it are based on law.  You've probably paid the extre £10 or £20 on your insurance policy that cover you against uninsured losses - well this is it!  it's worth evaluating the damage to your bike, your clothing and yourself before trying to run this through your insurance, just in case your solicitors can't claim in back off the ped', thus negating any NCD that you may have built up.  

Martin

[naughty lee]

mr pedestrian is getting this thru the post

Dear Mr *******


Firstly, I hope you have recovered from our encounter.

I have spoken to the police and they have confirmed to me that although the accident happened on a crossing, the green light meant that I had right of way.

They have also informed me that independent witnesses have come forward, and can confirm that they saw the entire incident, details of which the police have

I have sought legal advice and been advised that I have a case against you to recover the costs of repairing my motorcycle, hence this letter.

It is my intention to take the damaged motorcycle to a local repair shop to have the damage assessed and an itemised quote provided, this I will send you a copy of.

Should you object to refunding the costs of repair I have been advised to start legal proceedings and have you issued with a summons to attend court.

Once the case has been concluded, it is typical for the person with whom is found at fault to incur all legal and court costs.
 To date no legal fees have been incurred.

I would ask you therefore to inform me soonest of your intentions.
I would prefer a more amicable solution and to avoid legal proceedings however, if I do not hear from you in the very near future I should have no alternative.



Sincerely,


NL

[naughty lee]

this is attached to the letter

The crossing is there to protect you, your failure to use the crossing correctly or adhere to any of the following acts/directives could have caused a fatal accident. This is negligence.


The following information has been taken from the government road traffic act (UK and Northern Ireland) and the government Highway Code websites.


ROAD TRAFFIC ACT 28 Article 38  “Pedestrian endangering own safety or other’s safety.”

ROAD TRAFFIC ACT 50 Article 59  “Contravention of regulations relating to pedestrian crossings”


Information taken from the highway code:

14: Parked vehicles. If you have to cross between parked vehicles, use the outside edges of the vehicles as if they were the kerb. Stop there and make sure you can see all around and that the traffic can see you.

 Never cross the road in front of, or behind, any vehicle with its engine running, especially a large vehicle, as the driver may not be able to see you.

d. If traffic is coming, let it pass. Look all around again and listen. Do not cross until there is a safe gap in the traffic and you are certain that there is plenty of time. Remember, even if traffic is a long way off, it may be approaching very quickly.

e. When it is safe, go straight across the road - do not run. Keep looking and listening for traffic while you cross, in case there is any traffic you did not see, or in case other traffic appears suddenly.

Should I not hear from you within two weeks of the postmark, I will instruct my legal representative to request witness statements from the police and this information will be submitted to my insurers/ solicitor.


Not sure if i have sourced this info correctly, but it looks pretty good, lets just hope he paps himself and pays up...
spose i'll just have to wait and see now!

[dread]

Quote (Burger @ July 15 2006,11:54)

I would of hit him sqaure on as I have heard so  many horror stories of people trying to avoid peds. Glad you were ok mate and thanks for coming out even after the Bin. '>

As some of you know the exact same thing happened to me, and in the split second that this woman ran out in front of me I thought it's either her or my bike and I chose my bike and hit her full on (luckily at only about 20 mph + I was braking hard) The result was that she went flying, I stayed on two wheels with very minimal damage.

You can try the small claims court, but again all they have to do is plead poverty and you'll get a fiver a week.

[Burger]

To right Daniel, I hit them head on! Sod the court hearing, If your in the right you have nothing to worry about!

The thing I worry about is doing 35-40 ish in a thirty in the middle of the night (I know very wrong) some drunken idiot stepping out and you killing him. The courts will deam you at fault cos of your speed! Scary

[naughty lee]

got a quote back:

Hi Lee

Photo 1 replace middle fairing sticker and polish out light scratches/touch up ......£60 +graphic

Photo 2 remove engine/clutch cover from RHS make good and repaint. ...........£45

Photo 3 and 4 replace lower fairing sticker and polish/touch up edge of fairing. ........£60+graphic

Photo 5 replace scraped indicator and lens (pattern parts acceptable) .......approx £20

Photo 6 replace scraped RHS mirror (pattern part acceptable) ........Approx £25

Photo 7 rub down and touch up RH edge of top fairing (without repraying the entire fairing if possible) ...Approx £150 including crack  +graphic

Photo 8 repair crack around fairing bolt and renew sticker (no painting required provided repair cannot be seen)

Photo 9 remove rear exhaust can, polish out scratches to leading edge and replace rubber seal. ..approx £30

These prices are approximate for carrying out repair and paint only.

Graphics could easily add on another £150+

Labour for removal of parts ie fairing panels,engine casings exhausts etc is extra at a rate of £25 per hour

I hope this will give you some idea of cost

Regards

Glen
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I hope my welsh friend has got plenty of overtime in this month!

[Alba]

i had the same exact situation 2 years ago and ended up paying £1500 damage on my own as the bastard kept on running...a police officer off duty was behind me so he saw it wasnt my fault but still couldnt help me as the guy had run away so couldnt take his details.  police took my bike away as i was been taken to hospital and i had to pay 120 on top to get my bike out their deposit! as if it wasnt enough already!!!  then somebody gave me RSS details, very very nice and helpful people, do strongly suggest to call them as they will act on your interests and without charging you a penny.

good luck mate
'>

Awwwww,
Nightmare, dunno were the law and Ins stand on this one?
But the good news is you have his name and address!
As we used to say back home in Ireland........."I know were u live"!!
I am joking of course................ahem.

[Wildcat]

Quote (Burger @ July 17 2006,13:57)

The thing I worry about is doing 35-40 ish in a thirty in the middle of the night (I know very wrong) some drunken idiot stepping out and you killing him. The courts will deam you at fault cos of your speed! Scary

That happened to a mate of mine, only on the fast dual carriageway bit of the A3, in the dark, the pisshead jumped the railings and ran straight into my mate from the central reservation.

Stone dead, eight times over the limit

[tallgirl]

Lee hope you have some luck, but I wouldnt hold your hopes up to high as he can claim poverty and if all he had was his NI card chances are he hasn't got any money anyway.

Glad you are OK though, happened to me on the old kent road only a group of about 15 people started to have a go at me and I had to call the police. The guy only got a grazed arm and these people were telling him to lay in the road and pretend he was really hurt.

The police turned up and gave him what for for trying to twist my arm out of my socket trying to take my keys of me so I couldn't move away. He never made a claim of me and I was riding the scooter at the time so wasn't really worried not much damage.

Scared the shit out of me though it took me ages before I went that way again.

Take care and I really hope you get it sorted