RE: Joining the dreaded list ...

["Retherford, Martin" <MRetherford@xxxxxxxxxxx>]

This all means that " You shouldn't have done what you did and if it is a
50/50 deal for damages, that is as good as it can get", right?

Martin

- -----Original Message-----
From: Ken Haylock [mailto:KHaylock@xxxxxxxxxx]
Sent: Wednesday, September 29, 1999 10:24 AM
To: 'ST@xxxxxxxxxxxxxx'
Subject: RE: Joining the dreaded list ...


Sorry old chap, but I'm afraid you may be knackered - overtaking through a
/green/ pelican crossing should be OK - if it was flashing amber you would
be in the wrong and even done for 'without due care'. But overtaking through
a junction? Nope - it'll be mostly down to you I'm afraid. He'll simply say
that you started the overtake after he had started to pull out, he stopped
but you fell off then slid into him. Even if you didn't, overtaking through
a junction is dodgy full stop - so many things can go wrong, from the
vehicle you are passing turning right [left for 'merkins] and taking you
out, through stuff coming out the side-road without looking for you coming
up the wrong side of the road straight at them. And since IIRC the highway
code also says it's a bad idea, if it goes to court it'll hurt your case big
time. Rightly or wrongly, the implication will also be that since you were
doing an overtake, you were going too fast for the conditions and fell off
all on your own when you didn't have to. Alternatively, perhaps the fact
that you slid virtually to a halt before you hit the taxi will be evidence
that you could have stopped in plenty of time before hitting him. Since this
is a black cab driver, and they tend to get believed, methinks that if you
get this one down as knock for knock you'll have had a result!

 
> -----Original Message-----
> From: Leatherbiker [mailto:leatherbiker@xxxxxxxxxxx]
> Sent: 29 September 1999 01:04
> To: ST@xxxxxxxxxxxxxx
> Subject: Joining the dreaded list ...
> 
> 
> Alack, alas
> I made a pass ...
> 
> 
> Just to say that I came off my beloved black ST tonight on the
> way home from town.
> A black taxi cab (not very visible) pulled out of a side street
> near Kew on a quiet main road and then froze at the junction as
> I was overtaking a car on the other side of the road. It all
> happened very fast, but I must have braked on a painted white
> centre-of-road line and skidded, so the bike ended up under the
> front end of the taxi. There was sod all damage to his vehicle
> (more's the pity), but the fairing and front lights on my bike
> are a write-off, together with the left-hand pannier, on which
> the bike landed.
> The flat skid-proof part of the gear-lever broke clean off, and
> there are other things like bolts that came flying out.
> Basically, a lot of plastic got damaged and the curator at Kew
> will be disgusted when he has to clean up the mess outside his
> gates tomorrow morning, but what the hell. Luckily, I was
> wearing a fair amount of protective gear, so I got off lightly,
> despite ending up underneath the bike, skidding along the road
> and then coming to a halt in front of the taxi ... all at a
> modest 35 mph.
> My main fear is that the insurance will find him only partly
> guilty, as I was actually overtaking through a green light on a
> pedestrian crossing just in front of the side road from which he
> exited.
> Any tips about filling in the insurance claims form from old
> hands?
> 
> Tim
> 
> 
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