The end of the ER5 *Pics on page 2*

[Mel]

**freaky canberra moment** I was just ranting to my sister about the unfairness of stupid Pajero driver "not" being at fault... and she says "is that *insert your real name*... you are her friend on facebook. **end freaky canberra moment**

Anyway dude that really sucks about the "presumed" speeding thing. Hopefully your insurance company will investigate that further!

[6maniac]

Bummer ... take the time to get well - hope Swann does the right thing. Were there any witnesses ?

[corvus2606]

Were there any witnesses ?

yeah, they all told the cops i was speeding. so no help there

[dave#3]

At least you're walking dude - everything else can be patched up. Bad news about the acco, hope the insurance company look after you.

[Nelso]

They sometimes do this when fault isn't too clear to save work and save on potential court costs.

issue is that it sould be very clear, failing to give way is failing to give way, no ifs or buts about it.

the bike wont be going again, im told there is some internal damage to the gear box, and with a cracked engine case aswell as the tank, its a write off.

now i just have to manage to convince them that it cant possibly be my fault

Fight this and try to get them to charge the other driver for failing to stop as it will make a huge difference to your bike insurance and your 3rd party greenslip insurance. You will not be covered for medical costs if they find you at fault so if you have torn something in your shoulder and need surgery and lots of physio post op it will cost you a bomb, where as if it is the other driver's fault it is all covered by your greenslip insurance. Make your case to the police giving facts regarding following traffic etc and if they do not charge the other driver for failing to stop, get a good solicitor who specialises in this area to sort it out for you.

[dave#3]

Fight this and try to get them to charge the other driver for failing to stop as it will make a huge difference to your bike insurance and your 3rd party greenslip insurance.

I agree with Nelso, but to be pedantic it's actually the other driver's 3rd party greenslip (CTP) insurance that will cover your medical bills, not your own.

[red_dave]

Sorry to hear mate.

Heal up quick

[waynemorgan]

Bummer about the off but at least you're still alive even if in pain.

I'd certainly look at fighting it if the blame is placed on you. If the witnesses say you were speeding I'd be asking what relevant training have they had to assess this with a naked eye (unless of course it was a highway patrol that provides eyewitness testimony). Fight it to keep your insurances intact. The other driver's insurance will automatically apply all blame to you so fighting it is your only option.

[funky]

That sucks mate. good to hear your ok. good kuck with swan and heal quickly

[ijuschill]

Glad to hear your not to beaten up, bad luck about the bike.

Have to agree with Nelso though, you should fight it. From what you described it was the Pajero's fault for not stopping that made you crash and how can the cops go off what the witnesses said that you were speeding, how can they judge that?

Hope it all works out for you with the insurance & medical side

[corvus2606]

The other driver's insurance will automatically apply all blame to you so fighting it is your only option.

Well, Good news.

Apparently the police report has little sway on the insurance companies decision, the fact that there was a give way sign is deemed the decisive factor.

We have the other persons details now(turns out it was a he, not a she) and his insurance is fighting for me in this as well

They immediately deemed him to be at fault just based off the description he gave, he is apparently not happy about it, but that isnt my problem. Medical bills will be claimed off his CTPI and his insurance is paying for my claim.

Unfortunately the timing couldnt be worse. As there are no LAMS bikes out there in my budget, I may not be getting a bike till i move to the UK in May.

[waynemorgan]

Great news on the CTP and insurances. Bummer about not having a bike till May. Keep your eyes open tho - something may pop up for the right $$.

[Nelso]

Great news mate. If insurance covers it, they should be in your budget.

[corvus2606]

Great news mate. If insurance covers it, they should be in your budget.

I wish, but what the insurance will be paying, wont be enough for me to afford a new bike while also paying off the old one

[Disco]

Glad the insurance is working out

And Happy birthday just saw it then ......