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Thread: The shit that happens after you get clipped.

  1. #1
    Member =Maz='s Avatar
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    The shit that happens after you get clipped.

    Brief outline;
    Travelling along a Major rd in Peak hour on the bike and get SMIDSY'd by a chick who pulls over right away and seems genuinely sorry/concerned for my health.

    A couple of hours after I arrived home I get this txt:
    Anna txt 1.jpg

    I replied with:
    Anna txt 2.jpg

    All going very at this stage and I wanted to be fair...most of the damage was minor, on After-market parts and stuff I could take care of.
    So I sent an email:
    Hi Anna.

    Just wanted to talk to you about the accident yesterday and some damage to the bike.

    I personally am fine. I have a small amount of bruising on my right knee but all in all I am fine. I hope that helps ease some concerns for you. 

    There are 4 points of damage to the bike.
    Right-hand mirror has a scratch($30-80).
    Right-hand Oggy Knob has a gouge in it($30-50).
    Right side of Radiator guard has a scratch and needs to be polished($30-50).
    Exhaust Can(Muffler) has a minor scratch and a small dent($450-600 Fitted).

    If I put the bike in for assessment I would be looking at about $600-780(based a few calls/emails today) including parts and labour. The dent and scratch on the exhaust pipe are the biggest issue we have as it does devalue the bike which is quite new.
    My excess is $500 but I do not want to make a claim on my insurance unless it is absolutely unavoidable.

    Not sure what you’re thinking is on the matter but I just wanted to let you know what’s going on.
    I would really appreciate your feedback.


    To get this reply:

    Hi Aari.

    I still feel bad even if you were hurt a little. I wish obviously it never happened.
    Personally, I don’t have insurance(foolishly), I have only to give you the money and I don’t have a lot in the way of savings but I will need to get the money for you sumhow.
    I’m really sorry, it’s not nice to have your bike damaged even if it wasn’t new.
    Obviously you would like the money straight away. How much are you settling on.

    Regards Anna


    Still all going really well and everyone is playing nice. So I replied to her offer to settle:
    Hi Anna.

    I appreciate your concern...really. I think we both wish it never happened. 
    It is really very cheap to get yourself some 3rd party insurance...QBE and SGIO have been really good with our kids cars and their 3rd party insurance...just a thought.

    As I said, for me the biggest thing is the Exhaust Can. My regular M/cycle shop has said they can get the unit for $450-500 and I can fit it myself.
    If you would be happy to pay for the Can I would be happy to settle.

    How does that sound to you?


    I feel I had been pretty fair...maybe others disagree?!
    Then I get this:
    Hi Aari,I have been given advice on what happened,it appears that I did everything correctly in the driving of my car.the blame can not be proportioned to me.this said,I also have damage to my car.who is to pay for my damages ? My Dad also believes me to be in the right regarding this matter. I think it best if we tend to our own damages,as the costs are similar.I have been told by my Manager this is not a work related issue,and as such please don’t contact me during work hours.




    So I sent this:
    Hi Anna.

    So your attitude has changed and you want me to lodge a claim, file a police report, visit the hospital and go from there?
    When you say you did “everything correctly” in your car, does that include checking your mirrors and blind spots before changing lanes with insufficient indication?
    The damage to your car was the result of you hitting me. You hit me because you failed to check your mirrors.

    I’m not sure what knowledge of The Road Traffic Act(WA) 1974 or The Road Traffic Code 2000 your advisers have but I didn’t do anything illegal and I am happy enough to let the police deal with it if that is what you want.
    If your dad wants to play bush lawyer that’s fine. I would suggest you call Jeremy Noble(Jeremy Noble Barristers and Solicitors - Perth Lawyers, Traffic Law & Criminal Lawyer Perth, Western Australia, Law Firm, Perth Criminal Defence Lawyers) who is a Lawyer specializing in the field of Traffic Law.
    Between the txt’s and emails I am confident my insurer will find your acceptance of blame and pursue you for full costs plus my Excess.

    I will hold off on starting proceedings until tomorrow at midday to give you time to seek advice and get back to me.

    I think I have been very fair in this matter. I feel that had I behaved in the manner you were expecting, on the side of the road after you hit me(remember you thought I would be all angry and full of rage), I could understand your change in attitude.


    I think I was still being very nice...maybe others disagree?!

    I did some research and sent this:
    Hi Anna.

    Not sure if you have had time to reconsider your stance.

    I have found the exhaust a bit cheaper on the internet;
    Yoshimura TRS Slip-On Exhaust Stainless Suzuki SV650 ABS 2009-2010 | eBay
    Maybe that makes it a bit easier for you.

    Anyway, I will wait till 12:30 to hear from you before I proceed.

    Regards,
    Aari


    Now here come the funny shit...sorry to make you read all that to get to this but on it's own it wouldn't be as funny:
    I filed a police report last night with traffic officer H. PD Number : S/C ****. He tried to ring your mobile twice last night but there was no answer.

    Bike is registered to you, not ‘Jodie’.

    As far as insurance goes, apparently, if I’ve done the wrong thing like you ‘claim’ I have, then there’s no problem with insurance fixing your bike as logically they’d send me ‘the bill’, so it’s a bit sus that your worried about this matter going through insurance.



    Further more, Traffic officer H believes you were speeding as he explained to me, when traffic is still and bikes are moving through the centre ( not illegal or legal, but worthy of a ticket if a cop saw you do it) bikes have to be riding along in 1st gear because if some one opens their car door, you need to stop safely and quickly to avoid hitting the door etc, neither of which you did.

    I indicated appropriately and looked in the mirror(in car) and over my shoulder as the holden gemini was never manufactured with a left (outer car mirror)

    So after 30 years of driving and 10 years of driving a Gemini, if I was a negligent as you accuse, I believe id have had more than 1 crash in my life so far wouldn’t you think.

    If you have any enquiries please contact the Mirrabooka police station and ask for Traffic Officer H, he’ll be needing to speak to you anyway about a few things like how you got to be where you were when you hit me. He mentioned that you should have been able to avoid hitting me if you had of been going slower- in 1st gear.



    Any further correspondence from you to me will result in me taking a restraining order out on you. Apparently Im well within my rights and I won’t put up with being bullied. All this correspondence has been printed and copies have been showed to officer H.

    So do not contact me again



    Anna


    I have blanked out the officers name because after talking to him today he assured me that Anna had got her info mixed up and he was just saying how he liked to ride when filtering...not that it was part of the Law.
    She is 29yrs old...but has 30years driving experience??

    The driver has no insurance at all and doesn't have the money to cover her fuck-ups or the ability to take resposability it would seem.
    Discuss at will.
    Last edited by =Maz=; 24-11-2012 at 05:18 PM.
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  2. #2
    Member Desmo's Avatar
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    She has said sorry for hitting you, ergo she has accepted fault and blame.
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  3. #3
    Member =Maz='s Avatar
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    Yes. Verbally and in txt.
    I don't think that will change anything tho Desmo.
    All I've got and more for #294...RIP Chris Adley
    #158...RIP James Thompson

    Quote Originally Posted by Ryanoceros View Post
    Wooohoo !! Fucking 10/10 ride. Cheers for that Aari, you really conditioned my sphincter

  4. #4
    Member Loud's Avatar
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    Well I suppose if she can get her father playing "Bush Lawyer" then you can ask us to do the same.
    ...or you could just lodge the Police report and insurance claim and leave the matter in their hands.

    Glad it was only minor and that you're okay.
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  5. #5
    Member Sunshine & F'n Rainbows's Avatar
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    Quote Originally Posted by Mazimbwe View Post
    Discuss at will.
    I'm feeling generous, so I would reply with something like;

    "Anna,

    I have extended every possible grace I could to you in this situation, but you have failed to grasp the gravity of things.

    I can issue a letter of demand for the damage your actions directly caused to my property and you can fill that, or I am more than happy to have this matter dealt with by my insurance company, who will be a great deal less accomodating of your situation.

    Your choice."
    such comment
    wow
    many post

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    Member Desmo's Avatar
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    Is she hot?

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    Moderator Barfridge's Avatar
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    If she wants to be a bitch, offload the whole lot to your insurance company. You may have to pay your excess up front, but will get it back when she's deemed at fault.

    You've done more for her than I would, now that she doesn't want to play ball take your bat and jam it firmly up her arse.
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    Member kapyong's Avatar
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    Just file an insurance claim and let them sort it out, that is what they are paid to do. Don't be Mr Nice guy, they always come last.
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    Member SIKYSA's Avatar
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    Lodge it through your insurance. She will be guilty, she will pay full costs and your excess. Let your insurance deal with her shit.


    EDIT^^^ Beaten.
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    Staff BlackFZR's Avatar
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    File your police report, and include a copy of all correspondance with your insurance agency.

    Admission of guilt by the other party will be considered by the insurance company.
    Sponsored by:

    Billetta Imports, Motorcycle Panel & Paint, Pirelli, YAMALUBE
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  11. #11
    Member shortSteve's Avatar
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    is she hot?


    edit: dammit beaten by Desmo again!
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  12. #12
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    Thanks for the Friday afternoon laughs. I hope you rape the two faced bitch for all the repairs.

    Make sure to claim some pain and suffering for having to read through her poorly written replies, too.
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    Member rgvlee's Avatar
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    I read up to the point where she started trying to back out being at fault.

    You have insurance, if she is in the wrong then let your insurance company chase her. You won't pay excess if it's decided that it was her fault. Fuck her. Lodge an insurance claim and lodge a police report as you were injured.
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    Member Manyak's Avatar
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    lol.. I don't know how she'll try shifting blame after send a text introducing herself as 'idiot that hit you'.

  15. #15
    Member =Maz='s Avatar
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    Quote Originally Posted by Loud View Post
    Well I suppose if she can get her father playing "Bush Lawyer" then you can ask us to do the same.
    ...or you could just lodge the Police report and insurance claim and leave the matter in their hands.

    Glad it was only minor and that you're okay.
    Cheers Loud...I'm glad it was only minor too, always glad to get home to my family.
    The reason I have not lodged a claim is that I am saving like a Mutha Fucka for my trip to Europe next year and don't want to outlay $500 if I can avoid it.
    I also have to weigh up if it is worth it.

    Quote Originally Posted by Cam View Post
    I'm feeling generous, so I would reply with something like;

    "Anna,

    I have extended every possible grace I could to you in this situation, but you have failed to grasp the gravity of things.

    I can issue a letter of demand for the damage your actions directly caused to my property and you can fill that, or I am more than happy to have this matter dealt with by my insurance company, who will be a great deal less accomodating of your situation.

    Your choice."
    Cheers Cam...but after talking to the cops I run the risk of a restraining order if I do contact her again, this would mean time off work and money/holidays I do not have to waste/spend at the moment.
    All I've got and more for #294...RIP Chris Adley
    #158...RIP James Thompson

    Quote Originally Posted by Ryanoceros View Post
    Wooohoo !! Fucking 10/10 ride. Cheers for that Aari, you really conditioned my sphincter

  16. #16
    Admiral Ackbar Captain Starfish's Avatar
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    Presumably you have insurance?

    Use it. Argue that it's a no-fault claim and you have details plus text admitting fault. Let them sort it out.
    "Once upon a time we would obey in public, but in private we would be cynical; today, we announce cynicism, but in private we obey."
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    Member MJP's Avatar
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    Thanks for taking the time to post this..it goes to show that no matter how nice people appear in person it all changes once they are no longer standing face to face..Ill in future make sure that if I'm injured I will call police straight away and deal with it on the side Of the road....given her response she is clearly daddy's girl..shits me how these days people think nothing is their fault...could imagine the conversation see had with her dad...but daddy it wasn't my fault I'm such a good driver...

    Fuck people always trying to blam someone else for their fuckups
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  18. #18
    Member =Maz='s Avatar
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    Quote Originally Posted by Desmo View Post
    Is she hot?
    I knew this would come up(no pun intended)...she was OK, not as sexy as Jodie(as far as I'm concerned) but I'm sure you would have thrown something fleshy at her.
    All I've got and more for #294...RIP Chris Adley
    #158...RIP James Thompson

    Quote Originally Posted by Ryanoceros View Post
    Wooohoo !! Fucking 10/10 ride. Cheers for that Aari, you really conditioned my sphincter
    Likes Para045, j-mac liked this post

  19. #19
    Member AndyS's Avatar
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    It's very sad that this type of situation seems to arise more often than not.
    Lodge it with your insurance company, making sure to advise them why she is in the wrong, her admission of guilt, concern over her actions, and then denial of any wrong doing once values were apportioned.

    They'll take care of the rest.
    Make sure you also file a Police report as well, as you need to make sure the 'actual' facts of the accident were reported, not her version of events which seemed to have changed once there was money involved.

    If it was me, it would already be in the hands of a solicitor once she opened with "it appears that I have done everything correctly", seeking damges for injuries sustained - but then again, I'm a prick.

  20. #20
    Member Sunshine & F'n Rainbows's Avatar
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    Quote Originally Posted by Captain Starfish View Post
    Presumably you have insurance?

    Use it. Argue that it's a no-fault claim and you have details plus text admitting fault. Let them sort it out.
    Yes, this.

    I don't know who your insurer is, but when some idiot tried to do the same thing to me, I offered them the ultimatum I previously posted.

    They didn't think I was being fair, no worries, I'll just have my insurer deal with you. It cost me literally nothing and I got the desired end result.

    If you have insurance, use it. You shouldn't end up paying excess on this, and they will chase her down for *thousands*. It's a critical lesson she needs to learn.
    such comment
    wow
    many post

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