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Author Topic: Do you think i have a claim?  (Read 1982 times)

robbosliding

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Do you think i have a claim?
« on: January 30, 2011, 10:10:20 PM »

Suffered amisfortune friday night. Felt cold, very dry, no frost or condensation to be seen but clocked some ice on a cars rear wiper blade so I was aware it was below zero....riding out of town (30 limit) approaching an area that looked wet, I now know to be due to a leaking water main. I dropped back to avoid spray on my visor and pick the shallowest route through the wet (first time out this year...) It ran through my mind that there may be ice forming the other side of the leak where the water was being carried off on car tyres.......before I was through and holding a steady throttle the rear kicked out left, I steered into it,got it back, it kicked right, same recovery and then huge rear kick out to the left again, counter steered into it, closing the throttle, no brake, felt the front end had lost traction too, and then the enivitable highside, trashed the leftside of my bike and broke my collar bone, landed on head and shoulder, Arai trashed too. Police closed the road because it was so hazardous but not before a lad on a moped came off on it too. Just to be clear every where else was bone dry, this ice rink was down to a burst pipe thats been leaking I'm told for two months. Claim or no claim?




















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« Last Edit: February 01, 2011, 07:55:40 PM by robbosliding »
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Andy J

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Re: Do you think i have a claim?
« Reply #1 on: January 30, 2011, 10:55:32 PM »

 sorry to hear this pal, get a police report and claim 100%
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jamma10566

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Re: Do you think i have a claim?
« Reply #2 on: January 30, 2011, 11:26:01 PM »

 :iamwithstupid:
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Si-10R

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Re: Do you think i have a claim?
« Reply #3 on: January 30, 2011, 11:39:50 PM »

 :iamwithstupid: if you try and it goes nowhere at least you have been proactive in highlighting a problem. However based on the fact the fuzz then closed the road preventing further accidents works in your favour and you have this to back up you claim.
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roy

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Re: Do you think i have a claim?
« Reply #4 on: January 30, 2011, 11:47:13 PM »

 :iamwithstupid: go for it
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pat

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Re: Do you think i have a claim?
« Reply #5 on: January 31, 2011, 04:16:29 AM »

I recall reading about a very similar scenario being quoted as an example in a legal advice article in one of the mags & based on that you have a very good case.

If the leak was from a broken pipe then you can claim against the water company or if it's from a property, the property owner. 

Do you have legal cover on your insurance?  If so then use it to engage a bike claims specialist solicitor - DON'T let them fob you off with a general motoring claims company as they won't have the experience of dealing with bike specifics & will invariably try to prove this by giving you duff advice!

Good luck & GWS.  :icon_thumright:

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smith690

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Re: Do you think i have a claim?
« Reply #6 on: January 31, 2011, 07:00:15 AM »

i am sure you could claim for this, however 'BBC TOM' is your man for this, i havent seen him post in a while, but he does have a facebook page as well, so possibly send him a message, and he should be able to help

Good luck, and hopefully a speedy recovery
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Wheeltrax

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Re: Do you think i have a claim?
« Reply #7 on: January 31, 2011, 09:01:55 AM »

Sounds like a claim to me!
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robbosliding

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Re: Do you think i have a claim?
« Reply #8 on: February 01, 2011, 05:46:28 PM »

I went for my fracture clinic appointment yesterday as released to on the fateful night, they say the "camera" never lies....Xrayed again and my collar bone has broken into four pieces. I was admitted yesterday and had a titanium plate screwed onto my clavical and released today. Needless to say, today I am rather sore and a bit ropey through morphine.














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roy

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Re: Do you think i have a claim?
« Reply #9 on: February 01, 2011, 05:49:30 PM »

 :shock: shit get well soon mate  :icon_thumright:
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davemfox

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Re: Do you think i have a claim?
« Reply #10 on: February 01, 2011, 06:51:42 PM »

 :iamwithstupid: what they've all said mate

Dave
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fringe80

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Re: Do you think i have a claim?
« Reply #11 on: February 01, 2011, 06:57:11 PM »

get well soon buddy  :icon_thumright:
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wedgiewolves

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Re: Do you think i have a claim?
« Reply #12 on: February 02, 2011, 07:56:47 AM »

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Dale

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Re: Do you think i have a claim?
« Reply #13 on: February 02, 2011, 05:25:58 PM »

Definately a claim there.  It happened to a friend of mine, same thing - burst main, no warning signs, turned to ice and off he came.  Took a while for completion of the claim and payout, but get a good solicitor or your insurers may take it on if you have legal cover etc.

The best thing you can do is keep a diary, detailing every hospital visit, twinge, sleepless night, every time someone else does something for you that you would normally do......that will pay dividends, the more info you have......And dont put stuff all over facebook, as insurers investigators use this a lot when looking into claims.

Good luck and get well soon Mate.

Dale
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robbosliding

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Re: Do you think i have a claim?
« Reply #14 on: February 02, 2011, 09:41:16 PM »

Thanks fellas for the advice.  I've never tried claiming before, I don't like the culture if I'm honest however....I saw a sign today at the site from the said water company stating they were aware of the leak and dated over two weeks previous. I have a question for them- What happens to water when it gets very cold........The police will provide details upon application and they took photos they tell me. I guess they would bill me if the leak was in my boundary.......? Will keep you posted.
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