bike crash, what to do?

e2rd

Hi,
just had a crash on my Steed on monday. As it was my first crash I'd like to hear some words of wisdom from more experienced bikers. It happened on Donnybrook Road just near Fire Station. I was passing the traffic on the bus lana when this young lady jumped from the right stright in front of me. She was going from the opposite direction and was turning into the side road. I wasn't going fast as this "S" turn on Donnybrook is always tricky but anyway i didn't even had a chance to brake too much before i've hit her side. My knee got twisted badly when the bike was falling down and I was taken by the ambulance to St. Vincents. Bike was taken to the Garda station. Got a call from Garda yesterday that they can start an investigation as i was injured during the crash but as i was on the bus lana i could be prosecuted for that no mather whose fault it was, mine or hers. He suggested I have some kind of agreement with the girl. I'll be geting my bike back on friday and will take the girl's details to contact her. I hope she'll be willing to negotiate. I was also wondering if i should contact my insurer (CN) about that as i have full comprehensive insurance with them and they cover damage in accidentsnot caused by insured person. But this is probably going to affect my NCB. What would you suggest? What are the procedures in case of such crash?

Thanks,
e2rd

Dr4gul4

1st off hope ure feeling ok.

now lets get tot he gritty bit..

Call CN, and tell them u want to report an accident, this is to cover you in case she goes to claim against you, they will send u out forms and ask u to send them back asap.

Get ure self down to the cops and make a statment to them.

dont worry about being in the bike lane, you can maintain traffic was heavy and u were in there for safety, you were driving well below the speed limit etc etc etc.


now get on the fone to the silly whore who hit u.. see what she says, becarefull not to even hit at u might be liable.. im going to stress this " NEVER EVER EVER EVER ADMIT LIBILITY"

See if she wants to sort it out-side the insurance, if not tell her ure Insurance company will be in touch.

In the mean time take her to a garage and have them replace every thing that broken, scraped, dented. any thing replace them for new parts..

After this make sure n put in for medical costs.


*And thats it... remember to call her a blind whore when you have time also


Be carefully out there now

*Joke

Idleater

e2rd wrote:

...but as i was on the bus lana i could be prosecuted for that no mather whose fault it was, mine or hers.

That is nothing to do with the accident.

The road user who hit you must make it their business to ensure that there is no one else impacted by their actions. Even if you are doing something illegal, they are not allowed to ignore that and carry on regardless.

That issue will be dealt with as a separate incident so to speak, if, and it is a very big if, it is deemed necessary.

The reason for the big if, is because you can easily argue that if you had been a cyclist (who would legally be allowed there) you would still have been hit due to her negligence.

Also, like drag said, NEVER admit responsibility.

Hopefully you fully recover and get back on a bike soon.

Get well, and hopefully it will all be sorted soon.

L.

Garibaldi

Hmm....I'd be very careful what you say, if you do indeed contact her directly. Don't know if I mentioned this in a previous thread, but I had one stupid whore (tm), after she hit me at a T-junction, complain to the Gardai that she was afraid I was going to call around and rape her. Seriously. Because I had her address. Which she gave to the Gardai in the first place, and they gave to me for the insurance company. Which she knew about. And I didn't even call her. Apparently, she made this complaint on the advice of her solicitor. Lovely people. A credit to the nation.

Granted, there are still reasonable people out there, but you could be running something of a risk if she's not one of them. If it ever happens to me again (hopefully it won't, mind you), I'll just let the basta....I mean, solicitors fight it out amongst themselves.

Do as Dr4gul4 says, and NEVER admit liability. You can rest assured that *she* won't.

e2rd

Thanks guys.

Of course I'm not going to admit liability as she crossed my way carelessly, and whoever would be ot that line would end up the same way i did.
I'll let you know how things turned out. In the meantime I'm putting a lot of ice on my knee and waiting till i'm back on my bike.

Cheers,
e2rd

Dr4gul4

By the way witnesses ??? they always come in handy

e2rd

There were some, the whole crowd I'd say. They helped me to stand up and took the bike from the road. But as i was taken by the ambulance i don't know i anyone was asked questions from garda.

cb750

e2rd
You wouldn't have been " passing the traffic on the bus lane " :rolleyes:
You were filtering in the bus lane

Patrick

PS
As Dr4gul4 said report it to CN in case it goes bad. They can't hit your no-claims bonus for reporting a crash because there's no claim being made (yet)

Dr4gul4

i work in the insurance game by the way folks

so if ye need any damages assessed let me know and i'll c what i can do

KTRIC

Dr4gul4 wrote:

i work in the insurance game by the way folks

Right, thats you added to my "ignore list" :mad:

Bloody insurance companies. :rolleyes:

Paparazzo

Garibaldi wrote:

after she hit me at a T-junction, complain to the Gardai that she was afraid I was going to call around and rape her. Seriously.

Mental! Did this allagation effect anything? What did she gave from saying this!?

Why do the cops say stuff like "you can be prosecuted for driving in the bus lane" bull****? Mu mate was knocked off his bike after a van hit him. The van indicated right, the bike passed him on the left in a cycle lane, and suddenly the turned left and knocked him off, with the right indicator still on! The guard said to him the indicators could have been "crosswired" and he was in the wrong automaticly for being in the bicycle lane! Some cops out there are serious ****, and don't seem to have a clue

e2rd

Here's a little update. It's not so bad, today I had a call from Quinn Direct that the girl takes the liability for the crash and they'll take care of me and by bike. What a relief. If the costs of repair will exceed the value of the bike (which is likely to happen for 1990 Honda Steed) they gonna sign it off and get me a new one. I wonder if it would ahve to be same value, same year, same bike?

Idleater

Good result.

Don't forget to add in a claim to get new gear - helmet, jacket, trousers, boots etc.

"safety equipment cannot be guaranteed to provide protection after being compromised in an accident".

As for the bike, I don't know what they will give you. I would be willing to wager "market value" at most, so you will probably be given a cash settlement.

L.

Hotblack Desiato

Don't settle until you've had yourself fully checked out medically - for your own peace of mind if the money aspect doesn't bother you. Get x-rays etc. and make damn sure there isn't going to be any long-term damage, knee injuries are dodgy.

Don't worry about the bus lane, worst case scenario is €80 fine, does not affect liability for the accident.

The "you should not have been there" defence does not work, it's always up to the driver turning or changing lane to give way to ALL other traffic.

A few years ago a case went to court, biker was badly injured by a car swerving into the bus lane in front of them, tried the "should not have been there" defence, judge did deduct 15-20% of the total claim due to contributory negligence by the biker (speed probably, more so than being in the bus lane) the car driver had been hoping they'd get off scot free, the judge said it could have been a cyclist coming and what then?

Lesson learned, a gap in stopped traffic usually means someone is trying to pull out or pull in.

e2rd

Thanks all for your comments. Thanks for gear replacement hint, it didn't come across my head.

So far they offered me €10k altogether for the bike, injury and loss of earnings. I almost agreed to that as I have no experience but some friend of mine who was knocked off on his bicycle pointed me to Personal Injury Assessment Board where I've found that I was to be screwed a bit by the insurance co. If you've never heard check their website: http://www.piab.ie

In the meantime my leg was put in the plaster for next 3 weeks, just in case. The doctor wasn't too happy about how the ligaments heal.

Dr4gul4: you're saying you're in the insurance game. Is the bike damage assessment only your part or injury as well?

Dr4gul4

e2rd wrote:

Thanks all for your comments. Thanks for gear replacement hint, it didn't come across my head.

So far they offered me €10k altogether for the bike, injury and loss of earnings. I almost agreed to that as I have no experience but some friend of mine who was knocked off on his bicycle pointed me to Personal Injury Assessment Board where I've found that I was to be screwed a bit by the insurance co. If you've never heard check their website: http://www.piab.ie

In the meantime my leg was put in the plaster for next 3 weeks, just in case. The doctor wasn't too happy about how the ligaments heal.

Dr4gul4: you're saying you're in the insurance game. Is the bike damage assessment only your part or injury as well?

Best i can get done for you is damage assesment, personal injury is a trip to a doctor my man ... and im not doctor.


However i do have a plan not unlike the plan jigsaw had in Saw..... ohh well enough of my nonsence

a_ominous

ninja900 wrote:

Don't worry about the bus lane, worst case scenario is €80 fine, does not affect liability for the accident.

The "you should not have been there" defence does not work, it's always up to the driver turning or changing lane to give way to ALL other traffic.

A few years ago a case went to court, biker was badly injured by a car swerving into the bus lane in front of them, tried the "should not have been there" defence, judge did deduct 15-20% of the total claim due to contributory negligence by the biker (speed probably, more so than being in the bus lane) the car driver had been hoping they'd get off scot free, the judge said it could have been a cyclist coming and what then?

Lesson learned, a gap in stopped traffic usually means someone is trying to pull out or pull in.

I agree 100%: forget about it being a bicycle in the bus lane: if it had been a bus, the car would have been a write-off. The car driver should have looked first before changing lane. They can't see if they don't fuggin look first. Sheesh!

The first offer of 10k seems a bit low: I'm self-employed, so missing 3 weeks work is going to hurt my pocket. Replacement gear: lid, jacket, trousers, gloves could easily hit grand mark unless you're trying for a few bargains at the bike show this weekend.
Start off with a the basic costs (bike, gear, sick pay) and see what's left to cover injury. How does that compare with PIAB awards? Does that include sick pay?

PS Glad you're okay

e2rd

To Dr4gul4: thanks but bike damage isn't a big factor in this case. Paid €2,800 for my Steed in July 2006 and they offered me €2,400 for it.


a_ominous: €10k offer was for all the damage, to me, the bike, loss of income and other costs. According to http://www.piab.ie/pdf/BookofQuantum.pdf my knee injury is in the limit of up to €28,400. There's no "from" price, but compared to around €5k for the injury only that Quinn Direct offered me, looks like I should get way more just for that injury.

I was contacted by the "fast reaction" division of Quinn Direct and it looks like they have this €10k limit to solve things fast. I told them that I've found PIAB website and €10k seems a bit low. I'm waiting now for another proposal from them. Don't want to spend months trying to get my compensation, but if they don't double the whole offer it might be worth to spend some more time on it but get a proper compensation.

a_ominous

Best thing to do is make sure you've seen a doctor, not just the A+E guy who looked at the X-ray when you were in Vincent's. I had a fall off push-bike years ago when a ped crossed in front of me. Broke me wrist, which I only found out a day later. Cycled home another 5 miles on a broken wrist, which still gives me a few probs now and again.
I'm not suggesting you milk this: the PIAB has its book of quantum to compensate for injury and save on solicitor's costs.

10k would only cover cost of my bike and gear. Sick pay and compensation should also be limited, but medical bills aren't.

KTRIC

I'd say milk it, teach the b!tch a lesson.

Don't flame me for saying this, I know you're all think this.

e2rd

I've seen the doctor. The next day after the accident, and Tuesday this week when he decided to put me in the plaster. I'm seeing him in 3 weeks again. So I'm able to get any detailed description of what's wrong with the knee. Anyway, this afternoon I'm expecting the call from QD. Will keep you updated.

Dr4gul4

KTRIC wrote:

I'd say milk it, teach the b!tch a lesson.

Don't flame me for saying this, I know you're all think this.

We all agree with u

Hotblack Desiato

See a physio privately as soon as you get the cast off - you may need to go see them a few times and the public waiting lists can be long. Add the cost of this and any medication, etc. etc. into your claim.

a_ominous

KTRIC wrote:

I'd say milk it, teach the b!tch a lesson.

Don't flame me for saying this, I know you're all think this.

Unfortunately getting more or less dough from the insurance company does not affect her in the least. She'll pay a slightly higher premium next time around for a few years. Hopefully e2rd will make a full recovery, but she'll still be another dopey driver on the road.

What would be good is for anyone involved in a insurance claim to undergo a driving test, a proper one not the excuse of one we have here. I think they ran a scheme in the UK to assess drivers who had reached 12 points on their licence.

e2rd

here's next update

QD called me again. There was no uber-boss to decide on the fact that instead quick healing, I'm in plaster now and how it affects their assessments. However I've heard some things from them, some weird. Of course when I'm going PIAB road the case goes to different department, straight to guys in ties. Plus they deal with cases like this within 13-15 months, but what sounded strange to me, was something that suggested that PIAB and Queen Direct are basicly the same people and whatever assessment I will get from them it will be the same they told me already. Strange, isn't it? Anyway I have a feeling that they're willing to come to some agreement. It's just my patience to like you said milk it. From what you were saying there were some cases similar to mine and ended up good for bikers. There may be some costs but in the end seems like the game is about way bigger money than 10k. I mean in terms of costs to QD.
And yeah, you're right, there shouldn't be no rush with making any decisions as the knee is still healing.

more tomorrow, I suppose

Kinetic^

KTRIC wrote:

I'd say milk it, teach the b!tch a lesson.

Don't flame me for saying this, I know you're all think this.

My god that is the most disgusting thing I've ever heard in my life K-tric, seriously the woman is probably traumatised at knocking the poor chap off the bike and all you can do is think about money!!! :mad:


























Seriously though, milk it dry

Kinetic^

FYI, If you're going the PIAB route you'll need to get a report from your doctor on it.

Hotblack Desiato

e2rd wrote:

but what sounded strange to me, was something that suggested that PIAB and Queen Direct are basicly the same people

Tosh, the PIAB is a statutory body

and whatever assessment I will get from them it will be the same they told me already.

Sounds like someone in Quinn doesn't want you to go to the PIAB. I wonder why...?

The PIAB may offer you a bit more - Quinn are probably hoping you need the money quickly and they can get away with offering you a bit less to get it over with now

Up to you, but if I were you, until I and my doctors were certain of the medical outcome I wouldn't consider settling

Have a look at www.piab.ie they explain the process there

You can't lose, as if you're not happy with what Quinn offer you can go to PIAB. If you're still not happy you can go to court.

macnab

I had my last crash in 1995. I had ligament damage in my shoulder and my hand. 12 years later and they still niggle at me in damp and cold weather. Get all the physio you can. BTW officially I dont ride in the bus lane, but sometimes I sort of duck in to avoid potentially dangerous situations, if you know what I meen.

Uuuh Patsy

Guys, Sorry for butting in on your thread, but my Father in Law has spent the last 2 weeks in Hospital after fracturing his skull and now currently has complete amnesia. He was hit by the wing mirror of a van as it came around a corner.

My mother in law has no idea were to start with claiming compensation. He was a self employed taxi driver (and at this stage, at 60 yrs of age, looks like he wont get back in a car for a long time and probably not to work again).

So from what I am reading here it seems that Insurance companies will try to fob you off with a low offer. Would she be better going straight to PIAB or straight to a solicitor. I'd be worried a solicitor would suck any compensation dry. Any advice would be appreciated

Laserface

i could be wrong here...but by reading the initial post...it seems like he was doing a bit of overtaking on the left/driving in bus lane.
If so...then it is down to stupid biking.
no offence

Now you know why people say "only overtake on the right"

Hotblack Desiato

Not necessarily Laserface, if the bike was taking a right hand bend and the van coming the other way drifted wide it could easily happen.
The Motor Insurers' Bureau of Ireland deal with injury claims where the other driver is untraced or uninsured.

ccunurse

Hi, I am in the same situation, what was the final outcome.

LegacyUser

nereid wrote: »

The reason for the big if, is because you can easily argue that if you had been a cyclist (who would legally be allowed there) you would still have been hit due to her negligence.

Sorry, I had to reply to this old thread. You are wrong! There is a cycle lane there for cyclists. I know the area the OP is talking about. Notoriously dangerous spot. I have to say, you shouldn't have been in the bus lane, the garda is right. So you may have had to take the brunt of that in your ability to attain compensation for the damage to your bike. If I was doing a turn there I wouldn't expect to see a biker cruising up the bus lane. Happens all the time, but afterall, its illegal!

Wossack

bubby wrote: »

If I was doing a turn there I wouldn't expect to see a biker cruising up the bus lane. Happens all the time, but afterall, its illegal!

Whether you expect to see something, or you blindly make the turn assuming the way to be clear is at the crux of the matter here.

This all boils down to whether she looked that the way was clear, or she didnt. She didnt, therefore the blame lies with her.

It could have been a cyclist (cyclists are not obliged to use cycle lanes where/when they exist, and if they choose not to, does not give you a green light to run them over), taxi, bus, emergency vehicle, car turning left up ahead etc etc

Idleater

bubby wrote: »

Sorry, I had to reply to this old thread. You are wrong! There is a cycle lane there for cyclists.

Ha ha ha ha ha ha ha ha ha!

you ever crossed the road?

LegacyUser

1. When there is no cycle lane they complain - when there is one its not used.

2. Bus Lanes aren't for motor cyclists they are for buses, emergency vechicles. Rules of the road are made for motor cyclists and cars.

Before anyone asks - I am a motor cyclist myself.

Not denying that the woman who turned in is at fault. I am saying that the gardai should fine the OP for being in the bus lane. Good for them if they do.

Canis Lupus

I love the milk them dry comments.....

Then sometime later the same people will complain about the cost of insurance in Ireland...

Wez

My brother had an accident on his bike, short story is, she lost after trying to sue him (only reason he persuid it) and he was paid 22k for internal bleeding and a few other things, still rides the same bike, but got a new beemer from the payout (what she was driving!)..

Although I completely understand the want for more money, this is what makes insurance so high! I'd say making sure every bill is accounted for and rounding up the figure a little is more than fair. Trading a '90 for an '08 is a big step up, considering that insurance is only supposed to replace what was there before..

Also, Bubby, as a long term cyclist pre/during motorcycling, I know that cycle lanes are notoriously dangerous, full of rubbish & potholes which the skinnier tires most certainly notice! This forces them to move out onto the road to avoid them, and although it's annoying, it's not their fault!

LegacyUser

Wez wrote: »

Also, Bubby, as a long term cyclist pre/during motorcycling, I know that cycle lanes are notoriously dangerous, full of rubbish & potholes which the skinnier tires most certainly notice! This forces them to move out onto the road to avoid them, and although it's annoying, it's not their fault!

And the roads aren't full of pot holes ? Most cycle lanes have been created in the last 5-10 years and they have a better chance of being in a half decent condition. I used to cycle into town along the N11 each day - and the number of cyclists continuing to use the road when a cycle lane was there was surprising! All the complaints to put it there - all the money spent - and its not used!

The main issue with the cycle lanes is not potholes, its the pedestrians who walk on them!
Take the bus stop outside the Donnybrook garage on the N11 - the cycle lane is notoriously dangerous.

Hotblack Desiato

bubby wrote: »

I have to say, you shouldn't have been in the bus lane

True (at certain times of the day, depending on the lane) but totally irrelevant.
You can't use the fact that someone 'shouldn't have been there' to excuse negligent driving.

So you may have had to take the brunt of that in your ability to attain compensation for the damage to your bike.

There is a court precedent for this, the liability was split 80:20 between that driver and that rider. In other words, the car driver was still held 80% at fault even though the rider 'shouldn't have been there'.

If I was doing a turn there I wouldn't expect to see a biker cruising up the bus lane.

What you expect to see when driving can be a very dangerous thing.
Sorry but the 'I didn't expect such and such' excuse holds even less weight than the 'shouldn't have been there' excuse.
A lot of riders get hit becaue drivers were not 'expecting' a bike to come along and so were subconsciously only looking for cars and larger vehicles.