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Discussion Starter · #1 ·
A few weeks ago, I was riding along minding my own business, I thought I had the road to myself as I had accelerated from the front of a load of traffic at a set of lights, when a car appeared from seemingly nowhere and hit me from the side, like he tried to change into my lane. (A common mistake it seems).

I was doing about 80 kph (50 mph) which was the speed limit on that road and I managed to keep control of the bike, after a bit of wobbling from side to side.

So we both pull over and I'm checking for damage, can't see any on the bike and my leg, which received some of the impact, seems fine too. There were some scratches on the side of this guys car though.

When I got home however, I noticed that my brake lever was bent forwards as this must have been a point of contact with the car.

Yesterday, I receive a letter from this guys insurance company saying that the accident was a result of my negligence and that I was liable for the cost of repairs to his car.

As it wasn't my fault I was wondering if anyone here may have some advice as to how to dispute this as it could end up being a case of "my word against his".
 

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Super Moderator
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45,418 Posts
That's going to be a simple letter from you:


Dear (whoever),

As you should already be aware, your client improperly changed lanes while speeding past stopped traffic and struck me with his vehicle. Further, he was very apologetic at the time we pulled over to the side of the road, when we both surveyed our vehicles and mutually agreed that no damage was done. My vehicle remains undamaged to this day; your client's vehicle must have had another incident with somebody else, which he also did not report, and has somehow confused his damages as being caused in the incident where he struck me. It may have even happened just after his incident with me, as I was concerned for his driving ability after having seen the 7 or 8 empty beer cans in the back seat of his car, and his stumbling along side the road did not give me the impression that he was totally in control of his vehicle. However, if you really feel your client's damages were caused in the incident where he struck my motorcycle, please address all further correspondence to:

A. Hole Attorney, esq.


Sincerely,

xxxxxxxx
 

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Riding dirt for the winter
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1,097 Posts
That's going to be a simple letter from you:


Dear (whoever),

As you should already be aware, your client improperly changed lanes while speeding past stopped traffic and struck me with his vehicle. Further, he was very apologetic at the time we pulled over to the side of the road, when we both surveyed our vehicles and mutually agreed that no damage was done. My vehicle remains undamaged to this day; your client's vehicle must have had another incident with somebody else, which he also did not report, and has somehow confused his damages as being caused in the incident where he struck me. It may have even happened just after his incident with me, as I was concerned for his driving ability after having seen the 7 or 8 empty beer cans in the back seat of his car, and his stumbling along side the road did not give me the impression that he was totally in control of his vehicle. However, if you really feel your client's damages were caused in the incident where he struck my motorcycle, please address all further correspondence to:

A. Hole Attorney, esq.


Sincerely,

xxxxxxxx
:hammer::hammer:
 

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I lead...you follow...
Joined
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1,845 Posts
That's going to be a simple letter from you:


Dear (whoever),

As you should already be aware, your client improperly changed lanes while speeding past stopped traffic and struck me with his vehicle. Further, he was very apologetic at the time we pulled over to the side of the road, when we both surveyed our vehicles and mutually agreed that no damage was done. My vehicle remains undamaged to this day; your client's vehicle must have had another incident with somebody else, which he also did not report, and has somehow confused his damages as being caused in the incident where he struck me. It may have even happened just after his incident with me, as I was concerned for his driving ability after having seen the 7 or 8 empty beer cans in the back seat of his car, and his stumbling along side the road did not give me the impression that he was totally in control of his vehicle. However, if you really feel your client's damages were caused in the incident where he struck my motorcycle, please address all further correspondence to:

A. Hole Attorney, esq.


Sincerely,

xxxxxxxx
That is simply....the greatest thing I have ever read!!
 

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Super Moderator
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45,418 Posts
if there wasnt a police report filed on the scene then it is just your words against his...

exactly. That's why he needs to strike back at the insurance meathead with overwhelming force. They'll get the point. :fact

However, if he got a letter from his insurance company they must have exchanged information or something like that. It would be hard to deny you were there, but you can damn sure tell them your recollection of the incident, which boils down to his word against your word.


Just make sure to NOT acknowledge ANYTHING the insurance company is alleging.
 

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I EAT SKYLINES!
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2,162 Posts
That's going to be a simple letter from you:

That was the nicest "You're a fuggin idiot!!!" letter I've read in a long time! :)


CasUalNtT: Where are you located?
 

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Throw Some D's On It
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8,779 Posts
Kmac-you are my new Lawyer!:)
 

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Super Moderator
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45,418 Posts
Funny stuff Kmac, you managed to put in writing pretty much how I feel about this crappy situation.

If I have to go to court about this what are my chances of being victorious?

I'm in Sydney.
IF you get your insurance company to write them back, odds are you won't be going to court. They're trying to bully you. Without a report or a witness, they have NO evidence of anything! Tell them to fugg off.
 

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No doot aboot it eh?
Joined
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1,538 Posts
That's going to be a simple letter from you:


Dear (whoever),

As you should already be aware, your client improperly changed lanes while speeding past stopped traffic and struck me with his vehicle. Further, he was very apologetic at the time we pulled over to the side of the road, when we both surveyed our vehicles and mutually agreed that no damage was done. My vehicle remains undamaged to this day; your client's vehicle must have had another incident with somebody else, which he also did not report, and has somehow confused his damages as being caused in the incident where he struck me. It may have even happened just after his incident with me, as I was concerned for his driving ability after having seen the 7 or 8 empty beer cans in the back seat of his car, and his stumbling along side the road did not give me the impression that he was totally in control of his vehicle. However, if you really feel your client's damages were caused in the incident where he struck my motorcycle, please address all further correspondence to:

A. Hole Attorney, esq.


Sincerely,

xxxxxxxx
Very nice Kmac A+++!
 

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SO FAST SO CLEAN
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9,698 Posts
Does your state have "No Fault"? If so, that will be the direction the insurance company will go once you send them a sarcastic letter that Kirk suggested. They have absolutely nothing on you but their clients word. So you won't get held liable. The cool part is, that guys insurance rates will be going up now. He screwed himself.
 

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Registered
Joined
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357 Posts
That's going to be a simple letter from you:


Dear (whoever),

As you should already be aware, your client improperly changed lanes while speeding past stopped traffic and struck me with his vehicle. Further, he was very apologetic at the time we pulled over to the side of the road, when we both surveyed our vehicles and mutually agreed that no damage was done. My vehicle remains undamaged to this day; your client's vehicle must have had another incident with somebody else, which he also did not report, and has somehow confused his damages as being caused in the incident where he struck me. It may have even happened just after his incident with me, as I was concerned for his driving ability after having seen the 7 or 8 empty beer cans in the back seat of his car, and his stumbling along side the road did not give me the impression that he was totally in control of his vehicle. However, if you really feel your client's damages were caused in the incident where he struck my motorcycle, please address all further correspondence to:

A. Hole Attorney, esq.


Sincerely,

xxxxxxxx

hahaha...that just made my morning :bow
 

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R1 Addiction
Joined
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16,591 Posts
That's going to be a simple letter from you:


Dear (whoever),

As you should already be aware, your client improperly changed lanes while speeding past stopped traffic and struck me with his vehicle. Further, he was very apologetic at the time we pulled over to the side of the road, when we both surveyed our vehicles and mutually agreed that no damage was done. My vehicle remains undamaged to this day; your client's vehicle must have had another incident with somebody else, which he also did not report, and has somehow confused his damages as being caused in the incident where he struck me. It may have even happened just after his incident with me, as I was concerned for his driving ability after having seen the 7 or 8 empty beer cans in the back seat of his car, and his stumbling along side the road did not give me the impression that he was totally in control of his vehicle. However, if you really feel your client's damages were caused in the incident where he struck my motorcycle, please address all further correspondence to:

A. Hole Attorney, esq.


Sincerely,

xxxxxxxx

:lol :lol
 

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Registered
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76 Posts
That is a funny letter. All you have to do is call and tell your side of the story. If they continue to claim this was your fault you will have to get your insurance company involved. Once that happens you should not have to worry much as they will work it out between themselves. Just make sure your company understands that this is truly not your fault.
 
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