Dead RSV - advice please :(

Rtomo · May 14, 2011

hey guys
I was knocked off my bike yesterday by a royal mail post van, i was traveling back home from wrexham when he pulled out of a blind juntion, i tried to stop but ended up hitting him in the back doors ... i wasnt speeding (for once lol)
the bike flipped and hit my in the head knocking me out and doing a fair bit of damage to the subframe.
after all the hospital business the copper that attended told me that his initial thoughts are that its a 50-50 split for liabilty ... how can that be right ?? surely he pulled out on me so there should be no contest ...
will be kinda pissed if it goes against me tbh,
what do you guys reckon ?? any body got any experiance of this sort of stuff ??

Cheers in advance
Rob

porgie · May 14, 2011

That cant be right. I would be extremely pissed off too.
If I were in your shoes I would try ringing a solicitor to ask advice or try to find out if it would be worth going through a solicitor and taking the driver to court. Maybe try ringing citizens advice first?
You have to try and fight for a good resolution. Hopefully you have witnesses? If not, hopefully a solicitor may be able to get cctv footage.
I hope you get sorted soon anyway
Take care
George

Powerfreak · May 14, 2011

Hi Rob sorry to hear about ya accident bud.
I got hit up the arse about 3 months ago and the third party insureers tried to pass the buck saying it was my fault. I went to one of these no win no fee solicitors and managed to win and got approx £2000 and there was hardly any damage to the bike as i was at a stand still at a roundabout as it just fell on one side.
The only problem you will have mate is that you hit him up the arse and so im told this is going to go against you as they will say you were going to fast to stop hence hitting him up the arse. Get any photos? witnesses ? these are important in a situation like this.
I used silverbeck rymer solicitors, give them a call to see where you stand. Also think about putting in a claim for injuries as this bumped up my pay cheque.
Let us know how you get on mate

Rtomo · May 14, 2011

Cheers guys,
no there were no whitnesses as i was out on my own n the roads were quiet, i got no pics cos i was knocked out and bundled in the back of an ambulance without being able to have a look around.
i have found the site on google maps n taken a screen shot of it in street view, reckon this will help as it shows a clear veiw right to the apex of the corner i exited from.

i was worried that by me hitting him in the back it might be my fault, but was hoping it wasnt as black and white as that

will keep you posted guys

ive been reccomended silver back rymer by a freind aswell ... may give them a call !! cheers gents tis appreciated!!

Rob

bryanthegoat · May 14, 2011

hi m8 thats pish by the way theres a guy that writes in fast bikes mag he helps out on these kind of cases wouldn't hurt to gi him a phone m8 no.0800 280 0912 i'm sure they can give you advice m8 they are specialist motorcycle lawyers and are white dalton motorcycle solicitors web pages whitedalton.co.uk or motordefencesolicitors.co.uk let us know how you get ps. the arses that usually handle claims aren't lawers so don't know the law,good luck

Rtomo · May 14, 2011

cheers Bryan, top link will be calling a few me thinks

Spoonz · May 14, 2011

I think the way it goes generally lability wise is that if the vehicle has time to pull out and show you the rear then you had time to stop. Had you hit it in the side your claim would be stronger.
If you want to prove otherwise you need witnesses and some evidence as to why you couldn't stop in the room he gave you. (eg wet road)

When i lived in Germany (may have changed) if you hit someone in the rear it is always your liability whatever.

Arryace · May 15, 2011

so you exited a bend to find a van in front of you and you ran into the back of him.
is that what happened?
if this is the case then look at it this way.
you were not in his view when he pulled out from a side road
you or any road user must be able to stop in the distance you can see to be clear on your side of the road (you could not)

maybe i have it wrong but from what you have said this is how it sounds, you don't have to be exceeding the speed limit to be at fault.

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Dead RSV - advice please :(

Rtomo

porgie

Powerfreak

Rtomo

bryanthegoat

Rtomo

Spoonz

Arryace

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