Thanks again everyone,
Yes I initially claimed from my insurer as he tried to deny it saying I had ran into him on his side of the road, but when the traffic cop took him to the scene and showed him the gouge marks in the road on my side of the road he broke down and cried and said he didn't see me bless him.
will put some pics of the 2006 bike I got with insurgence money if anyone is interested , it was in a bit of a state (rust mainly) apart from that its a good solid bike that deserves a good make over. its 2006 GT model with only 18000 miles, only paid £1500 for her