Author Topic: what would you do? (Read 6132 times)

chaz · « **on:** 02 March 2016, 10:15:43 pm »

As some of you know a few weeks ago I came of my bike due to diesel on the road, I slid to the other side of the road and hit a car comming the other way.
The outcome of this is my bike is a write off, the car may be a write off as it was a 3 year old honda jazz and all the air bags fired.
My clothes were all cut off me , that's textile jacket and trousers, jeans, biker type top, 2 t shirts, helmet damaged, heated gloves have been lost, and boots have some damage to the left one.
I have a fractured little finger and fractured shoulder blade and soft tissue injurys to my left side.
I phoned carole nash up today to see how my claim was progressing, guess what nothing has been done as yet still waiting for engineers report, last week they said I would have it by (last) monday.
I asked if I could have some legal advice (as you get free legal cover) and was put through to the legal people?
I got to talk to a young lady and from the start things didn't go very well, I'm trying to explain what had happened but she didn't seem to know what diesel on the road does? anyway after she had spoken to her manager and asked me more pointless questions, I politley told her I would go elsewhere for advice, at the end of the day they are charging £300 to £400 an hour.
There are plenty of firms on the internet but what are my chances of getting anything? I recon that to replace my stuff the excess and loss of NCD will be £1000 do I just take the hit?
Have any of you been in this situation?

dickturpin · « **Reply #1 on:** 02 March 2016, 10:34:00 pm »

Think i'd be pushing for some decent legal advice...these insurance companies are quick to sell us the cover..or in your case include it as part of the attraction of using them.
Good luck with getting sorted.

D

maddog04 · « **Reply #2 on:** 02 March 2016, 11:06:06 pm »

mate had an off due to a car cutting across him, he ditched his own insurance solicitors and rang "Sorry mate" and went with them. Got a good result and recommends them

fazersharp · « **Reply #3 on:** 02 March 2016, 11:15:55 pm »

On a side note - you wrote off a car with your own body !

chaz · « **Reply #4 on:** 02 March 2016, 11:28:30 pm »

Quote from: fazersharp on 02 March 2016, 11:15:55 pm

On a side note - you wrote off a car with your own body !

well I asked the woman who was driving the car if my bike had hit her car, she said she didn't think so all she rememberd was her abs was operating and I hit the front of her car and the airbags and seatbelt tensioners fired and her car was full of smoke and her wrists were very hot.
the medics and doctors were telling me how lucky I've been but for some reason I'm not feeling lucky (apart from I could have broke my back).

darrsi · « **Reply #5 on:** 03 March 2016, 06:00:25 am »

http://www.mc-ams.co.uk/blog/diesel-spillage-fault-know/

I've also been a member of this lot for years, they're free to join and once a few simple details are given you're signed up for life.
I know they generally deal more with "not at fault" claims, but sign up none the less and maybe give them a bell for any more advice.

http://www.yourkey.info/

maddog04 · « **Reply #6 on:** 03 March 2016, 10:02:28 am »

I've also heard that the Council have a duty of care to clean up diesel spills (this may only count if the spill has been reported.......so always report one for the sake of your fellow bikers

)

I tried reporting a large spill to Plod once, I called into the station and the civvy on the desk wasn't interested......wanted me to ring the council etc. I said I was on my way to work and didn't really have the time and asked if they could do it, the look I got back said everything I needed to know

Deefer666 · « **Reply #7 on:** 03 March 2016, 10:43:27 am »

Rider Support Service - Always very helpful

http://www.ridersupport.co.uk/

Dave48 · « **Reply #8 on:** 03 March 2016, 11:41:06 am »

Sorry to hear of your accident.
As Deefer & Darrsi suggest I would be talking to the motorcycle specialists-there is also another guy who advertises in MCN-Lampkin? (from memory- I dont buy the rag anymore).
Am beginning to wonder about the insurance companies blurb. Independent specialists will have all the knowledge at their fingertips.
i hope you get as much compensation as possible-people dont realise the £damage until you start having to replace all your gear & fund the difference between cost of bike & insurers payout. Let us know how you get on. Also the thoughtless tossers who spill diesel all over the road-usually-overfilled tank or faulty fuel cap-it surges out on bends just where you least want to meet it!

BBROWN1664 · « **Reply #9 on:** 03 March 2016, 01:05:48 pm »

Not sure what you are actually asking here Chaz.

In simple terms, the woman with the Honda has a claim against you as you hit her car. There may be a 50/50 element involved (or 80/20 or whatever) as you could claim she hit you but at the end of the day, you were probably on the wrong side of the road unexpected and she could not reasonably react in time.

With regard to your bike, kit and injuries, unfortunately, you will be claiming off of your insurance company for that as even though diesel caused the accident, you cannot prove who put it there for the insurance company to claim from. Personally, I would get the insurance company to pay out as much as possible for the bike. If you have helmet and leather cover then you can get that back too. If not, think of it as additional excess payments.

If you could claim off of a third party then you could claim all of your losses including the clothing.

Freck · « **Reply #10 on:** 03 March 2016, 02:55:43 pm »

I've been through this exact situation myself Chaz (apart from my bike hitting a car)
Unfortunately, unless the diesel spill had been previously reported to either the police or the council/authority responsible for maintaining the road, you will not be able to claim from any third party and will have to claim from your own insurance.

I came off on a diesel/grease slick on a bend in the town centre near me. There was even a police traffic car behind me when it happened and he confirmed that I would have had no chance of avoiding coming off.
The slick was about 10 feet wide and over 30 feet long but as it was only 7am no one had seen and reported it.
It was so slippery that myself and the policeman really struggled to pick up my bike and get it to the side of the road. It took a council road sweeper over an hour and two barrels of detergent spread across the road to clear it up.

I tried to claim from the council, and even tried to get CCTV footage to see who had caused the spill but to no avail, my solicitor couldn't find anyone to claim from.

fazerscotty · « **Reply #11 on:** 03 March 2016, 04:57:19 pm »

Bike Lawyer - all you need to know.
Helped me out massively.

darrsi · « **Reply #12 on:** 03 March 2016, 06:58:59 pm »

http://www.sorrymate.com/claim-types/diesel-spill-accident-claim

chaz · « **Reply #13 on:** 03 March 2016, 07:05:24 pm »

thanks for all the replies but I think what FRECK says is about right, I might get the report from the police I have to request it by writting to them ask if there were any other accidents there around the same time.
As I had the pot removed from my hand, I'll get the credit card out and go shopping for some more gear, still got another bike when I'm fit.

Grahamm · « **Reply #14 on:** 03 March 2016, 08:55:33 pm »

Personally I report spills using the 101 non-emergency number. They tend to say they'll pass the information on to the Council or the Highways Agency which is good when you see one at 10pm and the offices are closed (and I don't have a number for them anyway).

Freck · « **Reply #15 on:** 03 March 2016, 10:54:41 pm »

Quote from: Grahamm on 03 March 2016, 08:55:33 pm

Personally I report spills using the 101 non-emergency number. They tend to say they'll pass the information on to the Council or the Highways Agency which is good when you see one at 10pm and the offices are closed (and I don't have a number for them anyway).

The point is though that if the spill has been reported then the council is responsible for cleaning it up.
If anyone were to have an accident on it then the council would be liable and could have a claim made against them for damages. It's not much use when you're lying in the road in pain but at least you'll have some comeback.
In the past I've phoned the police directly and tried to get through to traffic. They're more likely to do something to prevent any accidents.
Well done for reporting them though mate, it's what everyone should do

mtread · « **Reply #16 on:** 03 March 2016, 11:31:31 pm »

Quote

If anyone were to have an accident on it then the council would be liable and could have a claim made against them for damages. It's not much use when you're lying in the road in pain but at least you'll have some comeback.

I think it depends how recently it was reported. If it was 5 minutes before they probably couldn't be regarded as 'negligent' in not clearing it or putting up warning signs.

darrsi · « **Reply #17 on:** 04 March 2016, 05:50:22 am »

Brent Council have taken the responsibility of any street maintenance on the main road near where i live, as either side of the road belong to different councils.
About lunchtime last Saturday i was told that a set of traffic lights were stuck on red, and that the resulting backlog of vehicles was just ridiculous.

So i got online and reported it, saying it needed immediate attention, as in NOW.

I got an email yesterday, FIVE days later, saying they've passed my details on to Transport For London and somebody would be assessing how urgent the problem is.

If you ever want to go riding with plenty of rough terrain, potholes and slippery substances, just go and ride through Brent, the roads are so dangerously shit and ignored it's just criminal, especially side roads.

crickleymal · « **Reply #18 on:** 04 March 2016, 09:18:54 am »

Quote from: darrsi on 03 March 2016, 06:00:25 am

I've also been a member of this lot for years, they're free to join and once a few simple details are given you're signed up for life.
I know they generally deal more with "not at fault" claims, but sign up none the less and maybe give them a bell for any more advice.

http://www.yourkey.info/

I tried signing up.The website works but no reply when I signed up. You're supposed to get an activation email but nothing happened (yes I have checked the spam folder).

darrsi · « **Reply #19 on:** 05 March 2016, 08:19:33 am »

Quote from: crickleymal on 04 March 2016, 09:18:54 am

Quote from: darrsi on 03 March 2016, 06:00:25 am

I've also been a member of this lot for years, they're free to join and once a few simple details are given you're signed up for life.
I know they generally deal more with "not at fault" claims, but sign up none the less and maybe give them a bell for any more advice.

http://www.yourkey.info/

I tried signing up.The website works but no reply when I signed up. You're supposed to get an activation email but nothing happened (yes I have checked the spam folder).

Give 'em a bell anyway, it's only a name and address, and i'm sure they'll tell you straight if they're interested or not, plus take your details quickly too so you become a member.