Mate collides with other mates crashing bike

Mate A locks front on corner (Avoiding a 'fucking pheasant', he
claims) and falls off.
Mate B is following (distance apart unclear) and connot avoid mate A's
bike as it spins and slides across the road. He hits it and is
launched over bars.

Mate A & B spend a week in hospital in neighbouring beds!

Both bikes are write offs. Mate A is fully comp. Mate B TPFT. Mate B
is going to try & claim off mate A's insurance.

Should he? I mean, if its not found to be Mate A who is liable isnt it
going to mess up Mate B's future premiums. And if Mate A doesnt want
to claim (but repair the bike himself) isnt Mate B's claim going to
mess that up?

(For the record, I am Mate C who, at the time of incident, was mowing
the lawn).

 

Mate B could make a claim of Mate A's insurance even if Mate A isn't
making a claim of his insurance himself. But if they really are Mates
then if might be worth Mate B asking Mate A to cough up and keep it
off the insurance.

Mate B making a claim of Mate A and winning will affect Mate A's
future premiums but not Mate B's.

Mate B making a claim of Mate A and losing will not affect either.

Mate B doesn't have to use his insurance company to make a claim, he
could make a claim directly and thus not affect his future premiums.

As far as should B make a claim off A, that's a tough one. If A
wasn't actually on the bike at the time then it could be seen as B's
fault because he didn't avoid the bike. It's not like A deliberately
put the bike in front of him.

Might just be worth A and B putting it down to experience and both
fixing their own. And trying hard to stay Mates, of course.

 

Mate B is liable anyway, he has no valid claim against Mate A. If you run
into someone you are almost always at fault.

 

Steve Bullimore wrote:

Your Honour

 

That's the one.

 

I think not. If B had left sufficient distance he would have been
able to slow/stop/avoid, surely? It is as much B's fault as A's.

Only if B is found to be "not at fault" and in the case of a rear-end
type of crash like this, that is most unlikely. B will have his
premiums weighted too.

The term is no _claim_ bonus/discount. Make a claim, lose some of it
- win or lose (unless exonerated).

Most if not all InsCos will not deal with individuals, Ben. They just
refuse - they'll deal with a briefif they have to, but they like the
Old Boy Network of knock-for-knock claimology.

That's the only way forward that I can see, TBH.

I'm waiting to see darsy's take on this incident, mind ;-)

 

I suspect that that would only apply if Mate A was in control of his bike at
the time of the accident. Mate B didn't run into the back of Mate A's bike,
he collided with a motorycle that had already crashed but was still moving.
The accident to Mate B would NOT have happened if Mate A had not lost
control so Mate A's inability to control his vehicle was a prime cause of
the accident.

Tony

 

Slider wrote in

Indeed, if Mate A wants to be a **** he could claim that he had it all
under control in his quest to avoid the pheasant; until some clumsy ****
rear ended him. Unless there were witnesses it would be very difficult for
Mate B to prove otherwise and Mate A could claim on Mate B.

 

Except that a bike will stop quicker if it is upright than it will sliding
along the road on its side, so if mate B couldn't have stopped in time for
the crashed bike then he couldn't have stopped in time for an upright one.

Mate B is screwed, potentially Mate A could claim off him for the additional
damage he caused when he hit the prone bike.


--
AndrewR, D.Bot (Celeritas)
Kawasaki ZX-6R J1
BOTAFOT#2,ITJWTFO#6,UKRMRM#1/13a,MCT#1,DFV#2,SKoGA#0 (and KotL)
BotToS#5,SBS#25,IbW#34, TEAR#3 (and KotL), DS#5, COSOC#9, KotTFSTR#
The speccy Geordie twat.

 

Mate B doesn't have a hope IMO.
Mate A should give him a slap for being such a twat in the first instance,
and a kick in the **** for even thinking about claiming against him.


--
Cammo
VT500 Rat
GSX750SE Katana
GT250-X7
GT380
http://cammo.webs.bikers-engine.com
cammo at bikers-engine dot com

 

It was somewhere around Barstow, on the edge of the desert, when the
drugs began to take hold. I remember (Steve
Bullimore) saying something like:

I was the pedestrian your mate's bike collided with. You'll all be
hearing from my solicitors in the morning.

--

Dave

GS 850 x2 / SE 6a
SbS#6 DIAABTCOD#16 APOSTLE#6 FUB#3
FUB KotL OSOS#12? UKRMMA#19 COSOC#10
Get rid of your SOC/SOB here http://www.sparesorrepair.co.uk/

 

I think this is what I'd do.

 

I'd blame mate A and sue his sorry arse.

****, if I had friends that insisted on being referred to by code names
I'd shoot them. Sueing them, they got lucky.

 

<tenuous musical reference>

Maybe they're Radiohead fans?

 

Nice demonstration of why you don't have any mates.

 

1. If I crashed, and a mate behind me ran into the wreckage, I
wouldn't claim that the bike had "little damage until some **** hit
from the rear". And anyway, how on earth would you prove that to the
insurance company's satisfaction?

2. When Alex ran into me (I didn't crash, remember), he was *very*
keen to ensure that everything was done properly, and hassled his
insurance company continually. I was pretty sanguine about the whole
thing, iirc.

 

I can't see why you are wasting the effort.
Just ignore the stupid **** and move on.

--
Alex
BMW R1150GS
DIAABTCOD#3 MSWF#4 UKRMFBC#6 Ibw#35 BOB#8
http://www.team-ukrm.co.uk
Windy's "little soldier"