Lads.....

[reds]

what happened with the bike ? did the police take it away - or did you have to trailer it back ???

[Jamz]

Turning right
179

Well before you turn right you should

* use your mirrors to make sure you know the position and movement of traffic behind you
* give a right-turn signal
* take up a position just left of the middle of the road or in the space marked for traffic turning right

And what was she doing down that road anyway.

Anyway, this being a public forum I'd rather we not get into a discussion about right and wrong etc. Got pleanty of that to come.

Don't cling too much to The Highway Code, as it's seen more as a guide than the actual Law by insurance companies.

Did you actually cross over the unbroken white lines, or did she pull in to the left of her lane leaving you enough room to squeeze past? If so - this is technically legal as you can pass a vehicle, you just can't cross over the lines.

Also try to quote case law (like the one I quoted from the article). That is important because it's how they decide if a case can be won or lost.

And make sure you continually state that she was NOT turning into a junction - she was making a u-turn and had no intention of stopping or visiting any of the premises near where she was making her turn. The fkr who took me out claimed he was turning in to a farm shop, and I had to prove there was no shop and he had no reason to visit the place, and he was in fact performing a u-turn.

If you need any help drafting a covering letter or want to see mine I'm more than happy to help.

[Scott221]

The car was positioned to the left of her lane. You lot were doing exactley what I intended to do. The only reason I broke the double white lines is to try and avoid her as she turned with no indication.

[Vard66]

Which is exactly what any one of the rest of us would have done in such a situation.

I wouldn't worry about a discussion of right/wrong on here, Scott. From the descriptions everyone around you has given, you did exactly what I suggest every member of the forum to a man (and woman), would have done - plus even discarding that, it's a biking forum!



If they've stated that the car was stationary, then you've probably got some good points to make from 129, and let's be honest, it's worth raising numer 179 as well, as it simply further highlights her lack of attention to the road.

what happened with the bike ? did the police take it away - or did you have to trailer it back ???

Scott?

[Scott221]

I have breakdown/accident cover. Its at my house, in a locked garage and that is where it is staying.

[reds]

think its pretty standard to send an assesor out nowadays for insurance claims ? regardless of fault.

had some woman hit me in tescos car park (took her hands off of wheel to light a fag and car swerved into me as i was reversing from a parking place!) and it took over a year to get paid. At first she admitted fault, then as there were no witnessess denied it was her fault. was v. long and dragged out affair, they sent assessors to view damage to both vehicles, and the report came back that what i had written in the report was more conducive with the marks / dents to the cars

[Mori Man]

Freakin Hell !

Only just caught this

Absolutely gutted for you - been there with the re-build got my bike pristine 100 miles on my new tyres and binty baws took me and bike out

Glad you walked away though, I spent 5 yrs fighting my case and still came out the looser :smt013

Think you've got an iron clad case and if they're being decent a hassle free pay out.

if they get shitty at all keep with the highway code angle it's what we all sit our driving licences too which is the law, if they persist along that line then they are portraying their client as being incapable of adhering to a code prescribed by law so that's undue care and attention along with an admission that she needs to re sit her test.

When the assessor saw my bike some 6 months later and sitting out in all weathers he still concluded that it had been in showroom condition and I got an above book offer on it - i refused the 1st two ! Bought for £2500 and 6yrs later received £2500 for it. bought it back and sold it to a mate who still has it in his back yard and still looks pretty fixable

Anyhoo, move on and think about that next bike your going to create and enjoy - we are all behind you
(From now on )

All the best,

Drew.