Pedestrians and consequent damage!

Started by Gilby104, March 01, 2016, 10:51:26 AM

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Gilby104

Had a pedestrian run head down between two rows of stopped traffic on the Chester Road Roundabout at the bottom of Deansgate this morning.... and straight into my GSXR600. Managed to stay on the bike albeit via bouncing off another car. How are people so dopey!!

Anyway, he's ruined my front fairing which there don't seem to be any replacements for. The fairing is all still there it's just split into a few pieces (doesn't go over any stickers).

Can anyone recommend the best way to fix such damage and anyone that can do it for me? The bike is a little minter so I'm looking for the tidiest job I can get away with. I think if it was glued (or similar) with a bit of a sand and a touch up that might do the trick.

As a back up, if anyone sees a nice front cowl for a 2003 GSXR 600 K2 in blue and white (blue would do I expect) then do give me a shout!

Lord Danoir the first

Blimey, that's random

Tough break kidder

Gilby104

Quote from: Lord Danoir the first on March 01, 2016, 12:09:21 PM
Blimey, that's random

Tough break kidder

Cheers Dan, pain in the arse, but could have been a lot lot worse.

Bloke is ok and seemed thankful not to me in hospital. Was even apologetic. The car beeped like hell but didn't follow me to swap details and hasn't called the police. I called the police and they couldn't have cared less.... didn't even take down my details (I recorded the call time and the chaps collar number to ensure I can't get pinched for not reporting).... so other than the damaged fairing I've got away very lightly.

If matey wakes up with a sore set of ribs and keener eye for self preservation then I'd suggest he's won.

Foo

I knocked over a drunk pedestrian years ago, who decided to run out in front of me from behind some bushes.

Policed turned up etc and I was never charged with anything as the guy was quite clearly bladdered. Made a right mess of the front of the car tho, I needed new bumper, lights, bonnet and windscreen but couldn't claim a penny off the idiot. As for him, he was that drunk he was released from hospital that day with nothing wrong with him except a stonking hangover  :rolleyes:

Gilby104

Quote from: Foo on March 01, 2016, 01:23:56 PM
I knocked over a drunk pedestrian years ago, who decided to run out in front of me from behind some bushes.

Policed turned up etc and I was never charged with anything as the guy was quite clearly bladdered. Made a right mess of the front of the car tho, I needed new bumper, lights, bonnet and windscreen but couldn't claim a penny off the idiot. As for him, he was that drunk he was released from hospital that day with nothing wrong with him except a stonking hangover  :rolleyes:

Must have been pretty terrifying? It's often an assumed starting point that it is the fault of the vehicle driver. Luckily this guy seems like a good guy, just dopey on a stormy Tuesday morning.

Not holding out too much hope that he offers to pay for the damage mind! Just hopeful that the car driver hasn't got any damage / complaints. Last thing I need is an enemy in a box on my morning commute!

T.C

Unfortunately there have been a few cases in the last couple of years where despite the pedestrian being a complete twonk, the driver/rider has been held primarily responsible on the basis (depending on location) that the rider/driver should have anticipated the possibility of a pedestrian doing somethng stupid and so whilst there has been a degree of contrip against such twonk, driver/rider has still been hit pretty hard for causation.

It stinks, but as I have said many times before civil law works differently to road traffic law.

tucola

If you hit a pedestrian, it's your fault. End of. Shouldn't be riding on the pavement at your age.


Gilby104

Quote from: T.C on March 01, 2016, 02:51:26 PM
Unfortunately there have been a few cases in the last couple of years where despite the pedestrian being a complete twonk, the driver/rider has been held primarily responsible on the basis (depending on location) that the rider/driver should have anticipated the possibility of a pedestrian doing somethng stupid and so whilst there has been a degree of contrip against such twonk, driver/rider has still been hit pretty hard for causation.

It stinks, but as I have said many times before civil law works differently to road traffic law.

Timely as ever T.C. I was just speaking to a former colleague about whether or not I should be kicking up about the cost to fix the bike and the general consensus was to let sleeping dogs lay (if that is what they choose to do) as the last thing you want to do is encourage people to start thinking about whether they put in a PI claim against your insurance.

Unfortunately the only witness I have is the bloke I hit, and I am sure he could be convinced out of being a reasonable apologetic bloke to an ars*hole fairly quickly with the prospect of a few reddies and a week off work.

Cheers T.C.

Gilby104

Quote from: tucola on March 01, 2016, 02:54:26 PM
If you hit a pedestrian, it's your fault. End of. Shouldn't be riding on the pavement at your age.

It's always one rule for one and one for another...... "I Pay My Road Tax"

Foo

Quote from: Gilby104 on March 01, 2016, 01:43:53 PM
Quote from: Foo on March 01, 2016, 01:23:56 PM
I knocked over a drunk pedestrian years ago, who decided to run out in front of me from behind some bushes.

Policed turned up etc and I was never charged with anything as the guy was quite clearly bladdered. Made a right mess of the front of the car tho, I needed new bumper, lights, bonnet and windscreen but couldn't claim a penny off the idiot. As for him, he was that drunk he was released from hospital that day with nothing wrong with him except a stonking hangover  :rolleyes:

Must have been pretty terrifying? It's often an assumed starting point that it is the fault of the vehicle driver. Luckily this guy seems like a good guy, just dopey on a stormy Tuesday morning.

Not holding out too much hope that he offers to pay for the damage mind! Just hopeful that the car driver hasn't got any damage / complaints. Last thing I need is an enemy in a box on my morning commute!

In all honesty it bothered me for quite a few weeks, kept seeing his head hit the windscreen. Was petrified I'd killed him tbh.

From a legal standpoint the coppers told me I might be able to claim back some of the cost of repairs via the small claims court but it wasn't a given I'd get anything.

Gilby104

Quote from: Foo on March 02, 2016, 01:34:04 PM
Quote from: Gilby104 on March 01, 2016, 01:43:53 PM
Quote from: Foo on March 01, 2016, 01:23:56 PM
I knocked over a drunk pedestrian years ago, who decided to run out in front of me from behind some bushes.

Policed turned up etc and I was never charged with anything as the guy was quite clearly bladdered. Made a right mess of the front of the car tho, I needed new bumper, lights, bonnet and windscreen but couldn't claim a penny off the idiot. As for him, he was that drunk he was released from hospital that day with nothing wrong with him except a stonking hangover  :rolleyes:

Must have been pretty terrifying? It's often an assumed starting point that it is the fault of the vehicle driver. Luckily this guy seems like a good guy, just dopey on a stormy Tuesday morning.

Not holding out too much hope that he offers to pay for the damage mind! Just hopeful that the car driver hasn't got any damage / complaints. Last thing I need is an enemy in a box on my morning commute!

In all honesty it bothered me for quite a few weeks, kept seeing his head hit the windscreen. Was petrified I'd killed him tbh.

From a legal standpoint the coppers told me I might be able to claim back some of the cost of repairs via the small claims court but it wasn't a given I'd get anything.

I'll have to wait and see what the bill is, but if I can get away with a plastic weld without the bike looking horrendous then it'll probably make sense to put the cost down to experience and move on.

My thinking is once I've paid the £65 to go to small claims (I think that's the cost) and include the time and effort (plus the increased chance of a counter claim / insurance declarations + premium hike) I am guessing that I'd be better off just letting it go.

My Plan A at the moment is to get the bike fixed and tell matey boy what it cost me and ask if he has any thoughts on splitting the bill. I'd likely feel that everyone has come out ok for 50% of the fix and a pint. Here's hoping!

Gilby104

the two rides I've done since have been a lot more nervy from me Foo. For me I barely saw him coming so no real mental images to deal with, just the constant concern that someone, from somewhere, is going to do something dramatically stupid.

I suppose it's not a bad attitude to have on the bike (although I already thought I rode fairly defensively).

T.C

Quote from: Gilby104 on March 02, 2016, 01:42:39 PM


From a legal standpoint the coppers told me I might be able to claim back some of the cost of repairs via the small claims court but it wasn't a given I'd get anything.


My thinking is once I've paid the £65 to go to small claims (I think that's the cost) and include the time and effort (plus the increased chance of a counter claim / insurance declarations + premium hike) I am guessing that I'd be better off just letting it go.

[/quote]

What the coppers aso probably did not tell you, is that whilst you might win a claim against the pedestrian, if he has no insurance in place such as home insurance, then the court could award thousands, but f he has no money, you will get nothng even if the balifs are sent in, or he might offer to pay it off at £1 a week or month and you will be waiting years as it cannot be enforced like a fine.

Then as you say, given recent case law, there is the possibility of a counter claim, but the longer it goes without him sending off the statutory letter of claim, the less credible and believable his claim would be.

Gilby104

Quote from: T.C on March 02, 2016, 11:04:24 PM
Quote from: Gilby104 on March 02, 2016, 01:42:39 PM


From a legal standpoint the coppers told me I might be able to claim back some of the cost of repairs via the small claims court but it wasn't a given I'd get anything.


My thinking is once I've paid the £65 to go to small claims (I think that's the cost) and include the time and effort (plus the increased chance of a counter claim / insurance declarations + premium hike) I am guessing that I'd be better off just letting it go.


What the coppers aso probably did not tell you, is that whilst you might win a claim against the pedestrian, if he has no insurance in place such as home insurance, then the court could award thousands, but f he has no money, you will get nothng even if the balifs are sent in, or he might offer to pay it off at £1 a week or month and you will be waiting years as it cannot be enforced like a fine.

Then as you say, given recent case law, there is the possibility of a counter claim, but the longer it goes without him sending off the statutory letter of claim, the less credible and believable his claim would be.
[/quote]

Thanks T.C.

Coppers have not said anything but I was aware of the potential payment problems from a small claims win; added to the pile of reasons not to bother with a claim. 

Good to know about the time / credibility of a claim from him.

I think that answer is to keep it amicable, ask him the question (probably pitch the idea of sharing the cost TBH) and see where we go from there.

tucola

Some dozy berk nearly did this to me this morning!

Just ran headlong into the road, only seeing me at the last minute!

Without the ABS, I suspect I'd have been off.

As it was, managed a swerve, full anchors on, with the ABS pulsing, stayed upright and no harm done.

Good advert for ABS on bikes...