I think the issue is more the lack of witnesses (or CCTV), so unless the moped rider agrees to say it was all his fault that the accident happened (could he be 'persuaded') and makes a statement then the insurance or a court are less likely to agree to pay out. But he's not likely to as he could then be prosecuted and his insurance company wouldn't be very happy with him.
I'm insured fully comp with no excess. I know that next times insurance isn't going to like the £13k claim. I'll now get to see how the protected no claims works. I've never made an insurance claim on a motorcycle in my 32 years of road riding, so perhaps it's time I made a claim. Apparently there is one eye witness according to police. I hope this is real witness and not Mr scooter riders friend who turned up at the accident site following a quick mobile call. Apparently they stood together laughing and chatting long after I left. Note the road was closed in both directions for 4 hours while the accident investigation did there laser and photos etc. The accident site is just outside my local, so I've had a lot of feedback 98% of which is total bollox and very racist.
Paul, the payout on the bike sounds really good to me. I'm amazed he got to that total on parts and I think you're better off that way as fixing it would be really difficult for you given your injuries. Move on as fast as your recovery will let you. The bike payout should be pretty quick. Mine was ( car totalled by white van man). Maybe a couple of weeks. Prepare for the long haul about your situation. I know you told me he kept saying 'I'm sorry, I'm really sorry'. Isn't that an admission of guilt? The police will be able to ascertain which side of the road he was on. It's been 3+ years since my accident. My neck is getting worse and I'm losing movement. I'm nowhere nearer settlement but given the continuing deteriation maybe that's not so bad as it's the future I'm concerned about. These things take a long time but you need to asses yourself in a year, then a year after that. Where are you? Keep getting better. Sam
D doesn't have to "say it was all his fault". All D has to do is say what happened. He can tell the truth or tell lies. If D tells the truth, what he says may help AirCon's claim. If D tells lies they may or may not be believed, and also he risks getting into more serious trouble. Since the accident investigation team will have gathered a lot of factual information, it means that any lies told by either AirCon or D may be disprovable. That's why it is better to tell the truth as accurately, clearly and comprehensively as possible. If even minor or apparently irrelevant details in the story turn out to be demonstrably false, that damages the credibility of the guy telling the story.
Ok, let's hope the Police work it out properly. They'll have the kit for it and they face this stuff every day.
I didn't think they believed witnesses who were known to you? We had major issues with a witness down the local saw some pissed up bloke reverse into our car and drive off. It's a tiny village so we knew the witness by sight but not by name. Even then, the fact that we'd nod to each other in passing was frowned upon. Another one I had was a guy in the RH lane, turned left into his place of work. I was in the LH lane and wasn't even shown any indicator. £3.5k damage to his car and a £34 footrest for me. Not a mark on the bike and I kept it upright. His workmates were all witnesses to say he was indicating and wasn't in the RH lane (how else did I smash up your LH side of the car?). None counted as he knew them all.
Any witness can say what they saw and heard, or what they claim to have seen and heard. The other side can cross-examine them and try to throw doubt on their evidence in various ways, including suggesting possible collusion. Then the court decides how much or how little weight to give each piece of evidence before it. For sure an entirely independent witness is more likely to be believed, other things being equal, than a witness close to one of the parties.
Please be assured I wasn't suggesting anyone should lie, I just thought the moped rider wasn't prepared to open his mouth at all?
If an account of what happened is put to D but D refuses to respond at all, that means that D has not denied the account. Which might be quite useful.
Most of these cases never see the inside of a court room. Many insurance companies just weigh up the written evidence and the agree amongst them selves as to the outcome. The investigating police officer has already said that little road to bigger one means my fault. A day or so ago I received their questionaire. It's a bit like an insurance claim form. Depending on this evidence is prosecution of any wayward rider. Happy days.
I don't feel violent towards the other rider. I've done worse in my 30 plus years and got away with it all. Every day we ride we take and accept the risk of serious injury or death even if we don't actively think about it. I consider myself a generally competent rider (together with some certificates to prove it). I make good progress in traffic and where safe do so can enjoy the whole range of power and speed these machines can offer. I never had any of you guys asking me to speed up or slow down. All this said one day I threw the dice. ..then snake eyes. All I can say is 31 years most of which was +10,000 motorcycle miles per year. What else can I say ....except Bum.
I had an accident years ago with a guy coming across a set of lights on red which totalled my car. He was crossing the lights to pick up his friend for work. At the time they wouldn't take his evidence as he was know to the claimant. However, 3 weeks later he walked into a police station and said 'I witnessed an accident' and hey presto there was all of a sudden a witness whi said it was me who crossed a red light. Despite my protestations to my insurance company they decided not to contest it and it went down as my fault. It effected my insurance for a few years and I never insured with Direct Line again. Good luck with your recovery and insurance claim.
The cheque arrived on Saturday, so 15th August to 31st Oct. We didn't start the claim until the Monday (the crash was on the Saturday), so I'm not sure how fast that is for a total loss pay out? £13,200
Tell the boss you are thinking of taking up Free Diving! As you would enjoy the weightless enviroment; less pain on your bones & joints etc and the peace it gives you being 60 meters under the sea. Away from all the stress and strains of modern life. Owning another bike will then seem to be the safest hobby/life style choice you could possibly make.
Good result AC, now all you need to 'ice that cake' is getting yourself "PROPERLY" back on your feet, pain free and then perhaps on the bike front.........who knows??:Woot:
