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Advice on a tip

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  • 25-08-2017 10:00am
    #1
    Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭


    Lads, had a small accident the other day, thankfully I'm fine. I was filtering up the middle overtaking a long line of standstill traffic. A guy pulled out to enter a petrol station on the other side and clipped me in the middle. I managed to keep the bike upright thank fook. I had a sore foot but its fine now. It was a broken white line, I was not going fast - so as far as I'm concerned it was completely his fault, he did not look - he hit me. I did not even see it 'about to happen' I was just riding along and 'Bang'.

    I called the insurance company immediately the next morning. I explained it all – he said he did not see me, and they agree it sounds like he does not have a leg to stand on. However I got an email from him today with a bill for the repair. He’s probably just being a chancer.

    Any advice?


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Comments

  • Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Sounds like you were good and he was at fault. Did you have a camera?

    Advice - don't respond to him. Leave it with the insurance company. You exchanged details and reported it to your local Garda station? At least you notified your insurance company.

    Hope it works out alright for you.


  • Registered Users Posts: 10,013 ✭✭✭✭Wonda-Boy


    Not sure where the law is on "filtering" tbh, but thankfully you are okay.

    I deffo would not reply to him but if your insurance company thinks you are okay then dont worry about him or his.


  • Registered Users Posts: 3,222 ✭✭✭goodlad


    I agree with the lads. Just ignore his email and leave it all with the insurance company to sort


  • Registered Users Posts: 7,882 ✭✭✭frozenfrozen


    don't reply to him in any way or take phone calls just let insurance sort it out. sounds like he is totally in the wrong. What a chancer emailing you the bill for his car


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    Thanks lads. FYI I had legal cover on my policy. I did not even realise it. But after I spoke to the insurance company I got a call from a solicitor straight away – really helpful. Nice to have and definitely worth paying the €20 for yon your policy


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  • Registered Users Posts: 7,003 ✭✭✭Wossack


    sorry to hear Zascar

    certainly sounds like he's at fault - you overtaking on broken white lines has you in good stead - presume he was to your left, pulled out and you hit his rear/rearside?


  • Registered Users Posts: 7,101 ✭✭✭Max Headroom


    Overtaking one or two cars is ok..probably..but overtaking a line of cars PLUS an enterance to a petrol station might be messy...just sayin..good luck glad youre ok...;)


  • Registered Users Posts: 3,578 ✭✭✭Beta Ray Bill


    If you were going with the flow of the traffic and he was turning (IE changing direction) and hit you, then he's liable

    He probably wants to sort out the bill as a claim could bring his NCB down to 0 which would mean years of expense to get it back to what it was.

    How much damage was done to the bike?

    What year/make/mode is the bike?


  • Registered Users Posts: 3,379 ✭✭✭peckerhead


    grahambo wrote: »
    He probably wants to sort out the bill as a claim could bring his NCB down to 0 which would mean years of expense to get it back to what it was.
    The OP said the guy sent him his bill.

    One word of warning - do NOT trust the insurance company (or the lawyer they pay for) to act in your best interests. They are not your friend. Make 100% sure in anything you say to this lawyer that there is no question of admitting liability on your part.

    In a split decision (whatever the split) both insurers win because you both lose your NCB and/or get loadings for the next X years. Insurance companies are slippery, evil, back-stabbing c*nts of the highest order. They will quite happily sell you down the Swanee and agree part liability on your behalf, and there will be nothing you can do about it. You won't even be informed.

    Edit: more importantly, glad to hear you weren't badly hurt. I've known people to have horrific injuries arising from that kind of accident.


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    Thanks lads. Yes I agree yuo cant trust the insurance companies to fight the battle for you. Unfortunately I did not get any witnesses at the time, and I should have pushed him to admit liability - but I was just lucky to be in one piece and didnt think.

    Any suggestions on where I send my bike for repair? 2007 Fireblade


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  • Registered Users Posts: 574 ✭✭✭thos


    Just a question - did you have your bike insurance details with you? Always wondered if people carry theirs on bikes.


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    No i just sent him my insurance details by email


  • Registered Users Posts: 10,013 ✭✭✭✭Wonda-Boy


    Zascar wrote: »
    Thanks lads. Yes I agree yuo cant trust the insurance companies to fight the battle for you. Unfortunately I did not get any witnesses at the time, and I should have pushed him to admit liability - but I was just lucky to be in one piece and didnt think.

    Any suggestions on where I send my bike for repair? 2007 Fireblade

    Scotts Bikes - Harolds Cross
    RPM Drogheda
    M50 Honda (but you will be waiting an age, too bust fixing lawnmowers)


  • Registered Users Posts: 7,101 ✭✭✭Max Headroom


    Bray Honda Centre...............just kiddin..:D:D:D:D


  • Registered Users Posts: 18,942 ✭✭✭✭Del2005


    Wonda-Boy wrote: »
    Not sure where the law is on "filtering" tbh, but thankfully you are okay.

    It's not illegal. Several US States ban lane splitting, filtering, but there's no mention in any of our legislation. What you can be done for is riding without due care or dangerous riding, but once you aren't going to fast or swinging wildly across the line you are OK.


  • Registered Users Posts: 10,013 ✭✭✭✭Wonda-Boy


    Exactly its a bit of a grey area, not saying for one second Zascar is at fault but when something is "open to interpretation" especially in the legal world things can go belly up pretty quickly.


  • Registered Users Posts: 7,882 ✭✭✭frozenfrozen


    Was it like this?


    @ 57 seconds

    The driver here went online to ask for info
    Had an accident with a bike and looking for some advice on how to properly deal with it
    Had a collision with a bike, low speed in city center traffic. Got it on dashcam Youtube link.
    My insurance thinks I'm at fault (quoted how he was allowed to be passing stopped traffic) and have decided to pay out and repair his bike. They've already paid €2000 for his repairs. (Not going to argue that amount, the plastic pieces can be expensive and from my experience the repair shop is going to try and make some extra money) Got a letter today informing me the rider also has a personal injury claim open now.
    How ****ed is my insurance for next year? (Already paying €1300 for a 1.2 automatic, never claim or had claims against me)
    Is there anything I can/should do?
    Friends recommended getting a lawyer, can't imagine that's going to be cheap and could it not backfire and have me pay out more?

    "My insurance thinks I'm at fault"

    in the comments he admits
    Had an accident with a bike and looking for some advice on how to properly deal with it by vince086 in ireland
    [–]vince086 2 points 1 month ago
    The camera is mounted in the middle (behind the rear view mirror) so it has a slightly better field of view. At the time the bus was blocking most of my view so was going slow. Also had been doing that manoeuvre for more than 6 months and never saw a bike coming from there so you're right, was looking out for traffic from the left. At least I learned to be more vigilant.


    If the insurance sided with the bike in this case then that would lead me to believe they think filtering is OK


  • Closed Accounts Posts: 1,079 ✭✭✭Reindeer


    Fault or no, I hope most of us would be more suspicious of an opening like that in traffic before flying past it.


  • Registered Users Posts: 7,882 ✭✭✭frozenfrozen


    absolutely, whatever about a car coming out that's prime person zone..


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    No was not like in the video. Was more like if the Taxi that was sitting in the line of traffic had suddenly decided to pull out and drive into that building and clipped me as I passed.


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  • Registered Users Posts: 7,882 ✭✭✭frozenfrozen


    sounds pretty clear cut as the other party at fault. I hope insurance does too


  • Registered Users Posts: 18,942 ✭✭✭✭Del2005


    Wonda-Boy wrote: »
    Exactly its a bit of a grey area, not saying for one second Zascar is at fault but when something is "open to interpretation" especially in the legal world things can go belly up pretty quickly.

    I unfortunately know plenty of people who got knocked off filtering and all got zero blame.

    The only time you might run into issues is if you are taking the p!ss and a Garda sees you.


  • Registered Users Posts: 2,031 ✭✭✭colm_c


    Had a similar tip a few years ago - I was filtering past a line of stopped cars, guy pulled out and hit the left side of me.

    No personal injury, but a sigificant amount of damage to plastics, the exhaust and my boot.

    Insurance found him fully liable, basically they said I had right of way since he was pulling out into a main road.

    Poor chap, was his first day driving in Ireland ( and the left side of the road).

    He did try to blame me, asking was I allowed to do that (filtering). I promptly responded yes, took some photos of his car and got his insurance details.

    Rang them and my insurance when I got home. It was sorted within a week.

    Go to the best repair shop you can find, main dealers even. They will give you an insurance assessment, get all OEM parts replaced.

    You may also have the option to pay the difference for an upgraded version. I upgraded my exhaust for a small extra fee.

    Also keep receipts for taxis etc and ask them to pay for a courtesy car/bike while yours is being repaired.


  • Registered Users Posts: 3,363 ✭✭✭gerrowadat


    The bike is overtaking a line of cars. That's a two-way road (it's Macken street just south of Pearse). Nothing on camera to show there was oncoming traffic, and that lane the biker was in splits into a right-hand filter lane right where the accident happened. Car was completely at fault. If your view is obscured by a bus then you ****ing wait or go slower or inch out. Could have been a cyclist or another car just as easily.


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    Lads my insurance company suggested Honda in Ballymount but they have a 4 week wait as their workshop is booked up. Would bikeworld or megabikes be ok? Lee O'Reilly motorcycles on Dorset st was recommended and its close to work. I think the work is mostly cosmetic so does it make much difference?


  • Registered Users Posts: 2,948 ✭✭✭fdevine


    Wouldn't have any issues with the lads in Megabikes. They did my insurance assessment following a theft & revovery before Christmas.

    Had bought my previous Honda there and got my current Honda from them too.


  • Registered Users Posts: 1,709 ✭✭✭Lorddrakul


    I had almost the same accident a few years ago.

    You are completely in the right, and in almost the same scenario, my insurance company handled it and I was sorted in short order, including gear, as I was knocked off and had to roll.


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    Lads just an update on this - still not fkkn settled. So annoying. He's claiming it was not his fault and his insurance company is not admitting liability. I can't see how as I was doing nothing wrong, he did not see me and moved and hit me. I think hes trying to say he was already in the middle of the manoeuvre. Anyway I'm fuming about this as if it does go against me there's my no claims affected - and I'm only now just getting rid of the claim from when I had my bike nicked 4 years ago. The damage is really not that bad just some scrapes but not exactly cheap to fix. The solicitior said sometimes they split it and a claim on both - which is pointless in my opinion - but its hard to prove when it's his word against mine and no evidence or witnesses. Any advice on what to do?


  • Registered Users Posts: 7,101 ✭✭✭Max Headroom


    Theyre always messy....easy for others to start all that "his fault" shyte...soz mate


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  • Registered Users Posts: 14,522 ✭✭✭✭elperello


    Theyre always messy....easy for others to start all that "his fault" shyte...soz mate

    Just to play devils advocate I think most car drivers would consider motorcycles running up on the outside of a line of traffic as being "on the wrong side of the road".

    A bit of an awareness campaign might help avoid some of these accidents.

    I think a lot of them are secretly envious of the motorcyclist's agility in traffic and these tips bring out the worst.


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