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Date Posted: 8/04/04 14:03:58
Author: Richard Barber
Subject: Re: CRASH - Ouch...... ZZR1100D1
In reply to: Graeme Baxter 's message, "Re: CRASH - Ouch...... ZZR1100D1" on 7/04/04 19:17:20

Graeme, thanks for your reply. Its helpful to have other stories to see how this one may turn out.

Fortunately I was doing about 25mph, so it was all low speed. As you say the fact that I was filtering will probably be the hook for the other company to get me on. But I'll see as we were not stuip nutters just passing traffic, so perhaps there is a chance?

The legal compnay think there a 'reasonable' case to answer.

In the mean time I'm on the look out for a replacement ZZR1100 around 2k mark down here in Kent. If you know of one around a few hundered miles away you are welcome to contact me at wadhurst@hotmail.com

Cheers, Richard.



>Hi Richard,
>Sorry to read your news, but the important thing is
>that you and pillion are around and basically OK.
>Don't read anything into wearing hiviz and having a
>headlight on. I was using both 18 months ago when I
>had a car pull out on me. The trouble with a large
>number of drivers is that they look but don't SEE.
>Whilst filtering is OK it can put you in a difficult
>to defend position, it all depends on the factors at
>the time; your speed, road layout, junction
>priorities, fields of view, actions of other party,
>actions of other drivers eg. did the driver of the car
>closest to the junction wave the other party out? From
>my understanding of matters you may end-up having to
>take some blame but it's always worth claiming and
>seeing what happens. Assuming that there were
>witnesses you need statements from them. Hopefully
>they will confirm that you weren't 'flat in top'
>passing everything on the wrong side of a solid white
>line (I don't think for a moment that you were) but
>you need to demonstrate to the insurers' that it was
>their driver that caused the incident. You will also
>need diagrams of the junction (including measurements)
>and photos always help. You'll also need the assessors
>report on your bike and don't forget the personal kit
>that was damaged. You also need to see the Police
>report. On the morbid side a diary of 'pain and
>suffering' is useful for quantifying personal injuries.
>There is a stated case that insurance companies
>attempt to use to get out of paying for instances such
>as yours. If memory serves me correctly the
>circumstances are not identical to your so you may
>well be able to argue that it doesn't apply. The only
>problem is that I cannot remember exactly which case
>it is. However, now is the time that you need to go
>and get some decent legal advice as you can bet the
>motorists' insurers will contest your claim. If I can
>find any more info I'll get in touch. In the meantime
>don't expect things to happen quickly, insurers love
>delaying things in the hope that you will give-up and
>go away.
>Cheers
>Graeme

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