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While it snowed on the again finish of final yr, the roads have been usually fairly good the place I used to be nonetheless capable of commute to work (plus it’s extra enjoyable than taking the practice!). I rode out of my property and joined the ring street. Honest play to the council because the roads had been gritted and have been clear so there no points.
That was till I pulled out from lane one into lane two and behind a giant Vary Rover. I used to be in no rush, and I suppose we have been doing about 50mph. Because it was chilly and probably icy, I left an excellent hole between myself and the Vary Rover. I used to be solely sat behind the automobile for about 30 seconds when the driving force floored it. The results of that was all of the snow and an enormous slab of ice on the highest of his automobile mainly slid off the roof and smashed me within the face and chest. I went down like a sack of potatoes.
The following couple of minutes have been a little bit of a haze. Nonetheless, having now watched my helmet cam footage and in addition the sprint cam footage of the automobile behind (high lad James who’s my witness) I don’t suppose the Vary Rover knew it had occurred. Nonetheless, I now know James in a automobile behind witnessed the entire thing and received it on dashcam. I additionally know one other biker referred to as Chaz chased the Vary Rover and received them to return again. While sympathetic, the driving force flatly denied it was his fault. So, lengthy story brief, I now have two witnesses and particulars of the Vary Rover driver (I hope you’re maintaining!?).
The issue I’ve is the Police weren’t and mentioned it’s for the insurance coverage corporations to cope with. Nonetheless, my insurer has mentioned both declare off my absolutely complete coverage or go away. In addition they reckon it’s not the Vary Rover’s fault, as a result of it was ‘climate associated’. In addition they flatly refuse to combat the Vary Rover’s insurer for me. What do I do? I’ve a smashed up KTM1290 and a damaged leg.
Reply
Concerning the Police, they may have prosecuted the Vary Rover driver for not clearing the snow and ice off his automobile. Sadly, you can not pressure the Police to nick the driving force. Nonetheless, if you’re not proud of their choice, you could possibly write and make a grievance to the Police and ask that they rethink prosecuting him.
Turning to your insurer, they’re appropriate inasmuch as they don’t have to ‘combat’ the Vary Rover driver for you as a result of the one threat they’ve insured is your bike. In case you are insured absolutely complete, you’ve got two choices. Both:
- Declare to your bike off your personal insurance coverage
- Declare to your bike instantly from the Vary Rover driver/his insurance coverage.
Nonetheless, the place your insurer is incorrect, is saying that is simply ‘climate associated’ and you don’t have any declare. You do have a declare for private damage and loss towards the Vary Rover driver as a result of he was driving round with an enormous quantity of snow and ice on the automobile roof. As an alternative, if that they had cleared it off earlier than driving (as they need to have executed) then the accident wouldn’t have occurred.
My recommendation is get some specialist authorized recommendation sooner reasonably than later and don’t take heed to your insurer. They sound about as sharp as a bowling ball.
Andrew Prendergast
Extra Bikes March 2023
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