My Deceased Beaker

[digitalcaptive]

Bought this 11 plate last February, managed to kill her 5 weeks ago (and break my pelvis) HI have no recollection of the accident at all but the driver of the vehicle insists its my fault?. Any my replacement is now ordered and expected delivery date is next Friday (I wont actually be able to ride it for a good few weeks but at least I'll be able to stroke her 

[coachgeo]

Glad your:
. here to not remember a thing
. will be riding again soon.
. healing

[Sin_Tiger]

Glad you're in one piece 

More pain just looking at it.

Did you go for white or Irn Bru orange this time?

[digitalcaptive]

Orange was my first choice but they offered me such a cracking deal on a fully blinged Khaki Green (my second choice in colour) I just couldn't refuse, 800 XC abs,tall screen, fog lights, heated grips, radiator guard, headlight guard, center stand, engine bars, tank pad, rear box and sliding mount, Arrow can, Alloy bash plate, fender extender all for the princely sum of £8800, when I'd spec'd up an Orange one as I wanted it we got to £10,000 (I can live with green for a £1200 saving

[Spud]

Glad your ok (ish) any witnesses at all, good luck cheers Spud 

[digitalcaptive]

unfortunately not, It looks like unless I can come up with a viable counter argument this is going down as my fault, I don't mind accepting responsibility if I understand what happend but with no memory of the inccident thats unlikely to be the case

[chappers]

sorry to here that digi , same thing happened to my friend , he bought a brand new suzuki  b king, he only had it for 35 miles, he was following  a car with a bus in front, he had stayed behind the car for 3 to 5 miles b4 he hit a straight. he waited to see what the car would do, when it just sat there he put his indicator on , check over his shoulder, check car in front , road in front . all ok so he up ed his speed to 55 mph as he got by the side of the car , he just remembered hitting a hedge. his bike was wrote off. he had to have his wrist pinned. apparently the car just pulled out , from witness from the bus. she also said it was his fault for being on a bike. 

[digitalcaptive]

she also said it was his fault for being on a bike.

all to common an opinion unfortunately

[Sin_Tiger]

You got a cracking deal there alright 

You'd be surprised what they can figure out from scene of the accident and vehicle damage, clever stuff but you legal team has to push for it.

[Spud]

unfortunately not, It looks like unless I can come up with a viable counter argument this is going down as my fault, I don't mind accepting responsibility if I understand what happend but with no memory of the inccident thats unlikely to be the case

What did the police say, were they called they should of been if you were injured. cheers Spud 

[Advwannabe]

Sorry to hear about your tale Digi, but pleased you are happy with the new one.

Your accident definately bears further investigion, for your own peace of mind if nothing else.

I had a guy turn into the back of my Landcruiser recently, turning left from the RH lane on a roundabout.

He raced up accusing me of not being in my lane, but soon settled down when I pointed out the realities of the situation. He ran into the back of me, why did he not see me coming and take action?

The point is, the way I was bought up if you were at fault in a accident you kept your mouth shut and let the Police and insurance sort it out, you certainly didn't accuse the other party of being at fault. Fortunately my situation has a happy ending.

Unfortunately, the more strident the other party is the more likely they have something to hide. Get the crash invesitgation info is there is any.   

[digitalcaptive]

unfortunately not, It looks like unless I can come up with a viable counter argument this is going down as my fault, I don't mind accepting responsibility if I understand what happend but with no memory of the inccident thats unlikely to be the case

What did the police say, were they called they should of been if you were injured. cheers Spud 

Spoke to the police yesterday, they seem quite happy that it was my fault, they suggest I was filtering at speed (60mph quoted by third party) coming up to a right hand turn for which the third party claims he was indicating. The only thing that doesn't ring true is that although I do filter, I have never filtered at speed. It took me along time of riding with mates that did filter for me to do it at all and although I filter regulary now I only ever sdo it at 15-20mph........I'm miffed that my satnav went missing at the scene as at least on there my trip stats would have shown my general riding pace and may have gone someway to backing up that I'm generally not a reckless rider

[John Stenhouse]

Have you told the police your sat nav is missing, they will have the ames and addresses of all the witnessses, maybe get them to ask if any of the witnesses saw it, may get someone to own up.

[digitalcaptive]

Yeah mentioned it but they said there were no witnesses and know report of a satnav being found

[Bixxer Bob]

If you were filtering at 60mph you'd be totalled, never mind the bike.  You need to start building a case with some expert witnesses based on the damage to the bike and your injuries.  That will give a broad estimate of your speed and begin to discredit the 3rd party who, by the way, can only give an admissible estimate of your speed if they were actually following you. Bystander guestimates don't count. 

Do a bit of digging yourself first, to establish your rough speed, then contact the senior police rider in your area, he'll be more likely to listen if you are being hard done by and will have access to accident stats to help.

Your council motorcycle accident reduction officer may also be able to help if you can convince him you are being hard done by.  Ours is an ex police bike instructor and is excellent.

The bottom line though is, if you filtered into someone turning right, you're going to pick up the tab. You can only hope to discredit the speed.  You did take out legal insurance with your rider policy, didn't you?