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Would like to say thanks...
....to the chap on the chopper who stopped after my off tonight, was the only person to stop in an hour before pod turned up!
Long story short, hit a stray dog on the 60mph straight between rode and southwick on my commute tonight... sadly the dog died :'(
Anybody who thinks that proper bike trousers and Jacket are superfluous... Take it from me, they aint! 'Dero is dmaged, until I get an expert I cant say how much, definitely a bent brake pedal and busted mirror stalk... Was too dark to see any more damage. She starts okay, but the chain came off so not sure if it stretched! Only damage to me is a wrenched left knee (XL125 is a heavy old lump to fall on you!) and a bit of general shock related stiffness)
All in all, I feel very very very very lucky right now.
SO, yeah, I don;t know who you were, or if you're a WB member, but thanks! :)
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Sorry to hear you had an off mate, fair play to the guy who stopped tho.
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Have posted pics of Textiles and bike to my FB page, made album public.
https://www.facebook.com/peter.a.white/photos_albums
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Wow, the textiles did their job.
Glad you're ok.
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Nasty. Out of interest was the dog brown/tan in colour? I know the kiddy who owns it if you'd like a word about his dog being loose by a main road.
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yeah it was! But the lady who claimed the body came from Bradley Road, said she lent him out to a mate who "went out shooting"....
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Yea that was his mum. Idiot. Still, not nice for you. Hope the knees just bruised. Wishing you a Speedy recovery!
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Cheers dude! Am hoping the bike isnt too expensive a repair too...
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Cheers mate, I always though that "life in front of my eyes" was a cliche... Frigging Aint!
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Glad you're Ok Pete !!! Hopefully by the sound of it the bike damage is superficial :-/
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she started when me and the Chappie from Hintons got her off the truck, which was good...
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Glad you're okay buddy!
I'm sure your trusty Varadero will be back mile munching soon, have a good look around for parts, must be some good used parts somewhere.
:)
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get back on Pete as soon as you can, glad your not too badly damaged. you need to stop this dogging lark though ....... its gonna kill you someday pmsl ;D ;D ;D ;D ;D ;D ;D ;)
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Cheers for that dude, made me laugh!
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As you now know who owns the dog you can make a claim against them for causing the accident by not having the animal controlled and loose on the road as no need for you to be paying for anything :)
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Originally Posted by Nellybambam
Glad youre ok Pete. 8-)
http://www.smileyvault.com/albums/si...-signs-016.gif
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Glad to hear your ok, that's the main thing and sorry to hear about the dog.
But Col is correct, the owner is probably responsible/liable and if they have home insurance they should be covered for liability to 3rd parties (I say probably as I'm not a legal expert and I don't know if they are strictly liable 100% of the time e.g. if vandals or a storm tore down their garden fence).
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no need for you to be paying for anything
In practice you can't get blood out of a stone, so if they don't have house insurance then it will be a great deal more difficult. There are some ways to pursue people (like getting balliffs in) but if they don't have insurance then it's very hard work.
So a payout is not automatic in practice I'm afraid, but I would certainly look into pursuing the owners. If you claim off your comprehensive insurance then it will be up to your insurers whether they try to get the money back. My guess is if there is an insurance policy they would but otherwise they wouldn't. Having insurance doesn't change the liability, but it makes it a lot easier to get money out of people.
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Again i know the owner and can give you his contact detailsif you dont have them already and if you want. Nothing ventured nothing gained and after all money not spent is money saved for a rainy day (or new spangly bits) ;)
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Plod got her Details when she came to claim the body of the dog. Hopefully there's no more damage than what I've described. What are Pheonix like for repairs, and will using them (as opposed to a Honda dealer) hurt my Warranty?
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and will using them (as opposed to a Honda dealer) hurt my Warranty?
Depends how paranoid you want to be about it.
Honda obviously won't cover any issues with any non-Honda parts supplied.
They also won't cover anything where they consider the work was not carried out in accordance with their processes.
But I think most of us would go ahead at a place we trusted and consider it not worth worrying about if the work if relatively minor.
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I use Pheonix for my fazer, i personally have never had a problem, i know some people have, although more with Kevin's grumpness rather than a bad job/repair.
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They're picking my 'dero up at two o'clock. My leg is better today (though i'm not going to be able to run anywhere) but my neck and shoulders got very stiff through the day yesterday. i'm assuming thats whiplash, though its annoying its not actually painful. Will be glad to get back to work cos I'm so bloody bored!
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I would suggest you go to the doctors for two reasons.
You may get valuable advice on whether you should rest or gently exercise and specifically what exercises to do/not do. This could be really important long term e.g. prevent the formation of troublesome scar tissue.
Secondly (and I do think it's secondary to your health as per the above) if your injuries do become more long term you may wish to put in a claim and this visit would be evidence. I'm not suggesting that you would want to cash in on minor injuries but they could get worse, who knows?
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Good--glad that Plod has the info-
-now you have verification that an accident was caused by this womans dog--
-she is liable to compensate you for damage and any injuries---I repeat she is liable and you are in the right to claim
See a solly asap
let us know how much you get ...p.s. I'll have a pint ;)
As an add on -free- ;D
the law relating to this is The Animals Act 1971 /
Section 2(2) provides: ''(2) Where damage is caused by an animal which does not belong to a dangerous species, a keeper of the animal is liable for the damage, except as otherwise provided by this Act
ignore the 'except' bit as it is not applicable
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I would check whether you have any access to free legal advice or cover under either you motor or houshold policy first before paying a solly.
You could also deal with the claim yourself i.e. write to her and if she doesn't agree and pay or provde her insurance details then take her to the small claims court yourself. This costs around £35(?) through moneyclaim online I believe. Obviously you won't get the legal advice, but it won't cost you much either and it seems pretty clear cut. Getting paid is of course a different matter.
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I'm insured with Bennetts, if I contacted them, will they deal with it? Having never had to claim for owt in my life, I haven't a clue how this works!
Apparently theres a gash in the road just past Rode farm, presumably where my brake pedal hit....
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Give them a call. Or you may have legal cover elsewhere - I get mine through my house insurance.
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okay. Pheonix say they will get in contact with me about the butchers bill (my words not theirs) by the end of the week. WIll give bennetts a ring either tomorrow or Friday depending on whether I go back to work or not (I'm not allowed my phone out in the factory, and the signal is a bit scetchy down there in zummerzet!
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Pete..I would in first instance try and see a solly as they will do a chat/assessment for free and give you some info as to what to do [Clare Lowes at BLB ( 01225 755656 )in Trowvegas maybe as she is Civil litigation and Personal injury ]
..the moneyclaimonline system CANNOT be used to issue a claim against the owner [soz Ducatista ;)] as this is for money owed.
--don't worry as she has no defence in law and remains liable under the Lords rulings in a case [Mirvahedy v- Henley 2003 in House Of Lords rulings]
..this case set the precedent that owners are liable for any accident caused by their animal even though they [physically] had nothing to do with it.
Do not delay in doing something Pete
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Spoke to chap at Bennetts who put me through to Aviva (who are the underwriter) who told me....
....that if the repair comes under my excess (which i put at £500, i know, tis a lot, but made a lot of difference to my insurance when i took it out) then its "probably" not worth making a claim. So, my plan right now is a)drs appointment for something to help me sleep cos i cant right now with all the stress of making talk on the damn phone ( I HATE PHONES!) then b) see what pheonix come back with as an estimate. Then persue a claim if it comes to it. Fully comp surely means they'll pay no matter what? Otherwise whats the point of being "Fully Comp?" and surely going to a solicitor is gonna cost me possibly more than its worth?
All i really want right now is the bike back and to be able to sleep enough to go back to normal.
Buggers :( :( :(
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Hi Pete
If I were you I'd be looking at using a solicitor who is experienced in motorcycle claims.
One very well known firm is http://www.whitedalton.co.uk/
I'd definitely use a professional - you need to know what you're doing if you are going to make a claim.
Dont leave it too long before you get some proper advice too.
Good luck :)
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I'm insured with Bennetts, if I contacted them, will they deal with it?
If you have fully comp insurance then yes, however you should contact them straight away, because they like to use their "approved" repairers.
You can usually use your own repairer but some insurers charge you extra for this.
It's generally not a good idea to go ahead with repairs without contacting the insuirer first because they may want to send their assesor round and gain valuable information about establishing liability before repairs start.
So basically you need to get onto them ASAP.
Your main insurance policy will cover the bike only, it won't usually cover losses like clothing, hlemet, pesonal injury etc.
If you bought a legal cover policy alongside it then they will provide you with solicitors for free to use to get the money back from the woman concerned. However they usually want to use their own "approved" solicitors although they may at their discretion let you use your own.
As Loops says you may have legal cover elsewhere although ever household one I've ever had excludes accident whilst a driver/rider or passenger in/on a motor vehicle, but still worth spending a few minutes checking.
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Re: Would like to say thanks...
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Originally Posted by pluggedinpete
Spoke to chap at Bennetts who put me through to Aviva (who are the underwriter) who told me....
....that if the repair comes under my excess (which i out at £500, i know, tis a lot, but made a lot of difference to my insurance when i took it out) then its "probably" not worth making a claim. So, my plan right now is a)drs appointment for something to help me sleep cos i cant right now with all the stress of making talk on the damn phone ( I HATE PHONES!) then b) see what pheonix come back with as an estimate. Then persue a claim if it comes to it. Fully comp surely means they'll pay no matter what? Otherwise whats the point of being "Fully Comp?" and surely going to a solicitor is gonna cost me possibly more than its worth?
All i really want right now is the bike back and to be able to sleep enough to go back to normal.
Buggers :( :( :(
You are generally getting bias advice from claims monkeys when you speak with insurers and bear in mind they are talking about claiming on your insurance.
What you need to be considering is claiming for your losses, personal injury etc etc from the dog owner.
For the sake of a phone call speak to a specialist solicitor - you may be surprised ;) :)
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..the moneyclaimonline system CANNOT be used to issue a claim against the owner [soz Ducatista Wink] as this is for money owed.
Hi Col, Could you explain this to me please as I am not understanding why small claims court couldn't be used here. Cheers.
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Originally Posted by Ducatista
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I'm insured with Bennetts, if I contacted them, will they deal with it?
...However they usually want to use their own "approved" solicitors although they may at their discretion let you use your own.
You may find this of interest - http://www.whitedalton.co.uk/how-a-c...solicitor.html
Claims monkeys want to settle cases asap its the only way they make money. Personally I'd always use a professionally qualified solicitor.
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Re: Would like to say thanks...
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Originally Posted by Ducatista
Quote:
..the moneyclaimonline system CANNOT be used to issue a claim against the owner [soz Ducatista Wink] as this is for money owed.
Hi Col, Could you explain this to me please as I am not understanding why small claims court couldn't be used here. Cheers.
It's for people to use to recover money owed.
Their is no agreed debt to recover at this stage.
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Fully comp surely means they'll pay no matter what?
Yes, but you have to pay the first £500 of any claim because that's what you chose/agreed.
In theory they should go after the woman for the costs but for a few hundred quid I suspect they can't be bothered.
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Otherwise whats the point of being "Fully Comp?
For claims more than £500.
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and surely going to a solicitor is gonna cost me possibly more than its worth?
Col is suggesting a FREE initial appointment (most solicitors do these initially).
Loops and I are suggesting you check whether you have access to free legal advice over the telpehone or free legal cover which provides solicitors for you. This insurance is normally an add-on or icnluded in your motor or home insurance althouth they may have exclusions which means you can't use them, so you need to CHECK. For example most home cover won't cover motoring accident.