de-lurk for advice from foak

Discussion in 'UK Motorcycles' started by foyrnb, Feb 2, 2005.

  1. foyrnb

    foyrnb Guest

    Binned the bike the other day and would really appreciate some helpful
    advice on who to blame and what to do.[1]

    Summary is that a taxi passenger opened his door in front of my bike;
    I managed to miss him, the door, the taxi and the parked cars nearby,
    but failed to miss the road to the tune of around 2K gbp of (mainly
    cosmetic) damage to bike and kit.

    I've got the passenger's name and address, but when I asked the
    taxi driver for his details he gave me a slip of paper with a name and
    mobile number on it instead of his registration.

    Being a complete dickhead and in a state of shock to boot I failed to
    notice this until he'd gone.

    Questions are:
    1. is the driver responsible for the actions of his passenger? (i.e.
    should I try to claim off driver's insurance or go direct to the berk
    who opened the door?)

    2. if I go for the passenger am I right in thinking I'd need a civil
    lawsuit rather than an insurance claim?

    3. what can I do to trace the owner of a mobile phone? (I'm assuming
    that he's going to be wary of answering any calls asking for his
    registration...)

    Thanks.


    [1] anyone saying 'ride more safely' gets a rattle in the face.
     
    foyrnb, Feb 2, 2005
    #1
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  2. foyrnb

    wessie Guest

    emerged from their own little world to say



    that's the correct answer though

    your opening line should have started with "I"

    you failed to anticipate a passenger decamping from a taxi, lost control
    taking evasive action. No-one else to blame except yourself.
     
    wessie, Feb 2, 2005
    #2
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  3. foyrnb

    Sorby Guest



    AOL
     
    Sorby, Feb 2, 2005
    #3
  4. foyrnb

    Leo Guest



    Here, have a rattle.
    I apologise for not phrasing my first sentence in the previous post
    correctly.

    If you now reply telling me I missed out a 'humbly' in that sentence
    then you get TWO rattles.
    That is one point of view, and may even be the correct one. However
    I'd like to find out if either the passenger or the taxi driver have
    any legal culpability.
     
    Leo, Feb 2, 2005
    #4
  5. foyrnb

    flash Guest



    INAL but if you didn't hit either anybody or anything anybody put in your
    way then you have no case. Next time, hit the door.
     
    flash, Feb 2, 2005
    #5


  6. Phone this lot:

    http://www.ridersupport.com/
     
    Whinging Courier, Feb 2, 2005
    #6
  7. foyrnb

    Leo Guest


    Point taken, but hopefully etc.....
     
    Leo, Feb 2, 2005
    #7
  8. foyrnb

    Leo Guest



    Thank you.
     
    Leo, Feb 2, 2005
    #8
  9. foyrnb

    rb Guest

    I would have thought a repair bill for a taxi door would have only
    added to the OP's problems.
     
    rb, Feb 2, 2005
    #9
  10. foyrnb

    rb Guest

    Have you got personal experience of this mob? Is there any point in
    joining if you haven't crashed yet?
     
    rb, Feb 2, 2005
    #10
  11. foyrnb

    Leo Guest

    Picture a road with a line of parked cars down both sides.
    Picture a taxi pulled up on the right hand side of the road, facing
    any oncoming traffic.
    Picture the gap to the left of the taxi being approximately one
    (narrow) car width wide.
    Picture me coming up behind the taxi and going to pass to the left of
    it.
    Picture the passenger opening the left side door onto the road without
    looking at all. I was less than 3 metres from him at the time.
    Picture my expression (not pretty, I admit).

    Get the picture? ;-)
    Thank you.

    I freely admit that I'm not the best rider in the world. My tyres
    were cold, I was doing less than 25mph, but I still overbraked in a
    panic and lost the front, lowsiding and sliding for about 4 metres.

    The estimate of 2 grand for repairs made me take a large step back in
    astonishment, but that's what the garage said. AND the crash
    mushrooms took most of the damage.

    I am, as you say, guttered.
     
    Leo, Feb 2, 2005
    #11
  12. foyrnb

    Leo Guest

    Woo, much thanks to the whinging gentleman.

    I've rung, I've talked, I've received legal advice, I've got a claim
    against the taxi driver for failing to stop his passenger causing an
    accident by opening the door, which is a criminal offence apparently
    (the accident bit, not just the opening bit)

    So yes, I (now) have personal experience of this mob. I wasn't a
    member before I rang them; I am now.
     
    Leo, Feb 2, 2005
    #12
  13. Yes I do have personal experience of this mob and very good they were
    too.
    I wasn't a member when I crashed but now I carry their number and
    "incident card" round with me almost everywhere.

    Their website doesn't look great[1], I grant you, but they got on the
    case well before I ever saw that.

    [1] It was the burd in the ad at the back of the bike mags that got them
    my business.
     
    Whinging Courier, Feb 2, 2005
    #13
  14. Heh, feels good, don't it ;o)
     
    Whinging Courier, Feb 2, 2005
    #14
  15. foyrnb

    rb Guest

    Ok, now I know I am looking at this picture with perfect hindsight but
    consider this: The taxi was stopped in the middle of the road so
    probably collecting or dropping off a fare? Was there actually enough
    room on the RHS for them to open the door? Maybe your alarm bells
    should have been ringing as soon as you saw the taxi.
    I knackered my GS500 once upon a time. The initial repair bill came to
    about the same as I had paid for it new. But as I was paying for the
    repairs myself I went to the garage and they explained what actually
    needed doing to put it back on the road and what was cosmetic and would
    be done for an insurance job. For example the initial quote included a
    new exhaust because it was scratched.

    Ring the guys WC suggested, I expect they will be more 'understanding'
    than ukrm and should have the specialist advice you require - but also
    be prepared to chalk it up to experience.
     
    rb, Feb 2, 2005
    #15
  16. foyrnb

    Ben Blaney Guest

    Oh neg. Sorry to hear that, old bean.

    It really is much safer hurtling around FOF territory with darsy and
    Cane et al.
    Ah. Helpful advice not generally forthcoming from The Mighty Blane.
    Sorry.
     
    Ben Blaney, Feb 2, 2005
    #16
  17. foyrnb

    Ben Blaney Guest

    Remember when I lobbed my CBR600 just after I bought it? That was
    2.5K. Not cheap, all that plastic bollocks. Something unfaired is
    ideal for commuting. If I was going into London everyday, I'd have
    bought flash's Hornet for a grand.
     
    Ben Blaney, Feb 2, 2005
    #17
  18. foyrnb

    Sorby Guest

    What's the most likely thing to happen when a taxi stops?

    A door is going to open, that's what.

    With demonstrably poor observation & risk-assesment like you've exhibited
    it's a wonder you've not been knocked off before.
    I'll bet. I know I was when it happened to me. :eek:)
     
    Sorby, Feb 2, 2005
    #18
  19. foyrnb

    darsy Guest

    speaking of which, there'll likely be a FOF the second week of March.
     
    darsy, Feb 2, 2005
    #19
  20. foyrnb

    Ace Guest

    It's all bear's fault and you should give him a good kicking.
     
    Ace, Feb 2, 2005
    #20
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