Accident question

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2 Jun 2005
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261
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Nottingham
Quick question chaps as im slightly uneasy if this is as clear cut as my mrs believes.

She had a accident in her smart yesterday. She was in a right hand lane at a junction waiting to turn right, the traffic oncoming was stacked up at a set of lights. There is a yellow box on the junction so the oncoming traffic had to leave the gap open which I believe the mrs waited to see what was happening took nothing was moving so did the turn. A young lad on a moped whilst this was happening then undertook (over took the car on the left hand side) the car oncoming car and hit the mrs smart on her left side. A fair bit of damage on her car nothing on his moped. He was with another two bikers who instantly blamed him and gave him "a lot of verbal". Anyway he refused to give details so my mrs called the police. They were only around the corner so attending very quickly.

To cut the story short, he did then give details over and admitted blame to the police. But what I am interested in is what is likely to happen now? As far as we understand the police will give us the report as they see it but how likely are we to win this? Our experiance isnt good with bikes to be honest as she had a accident before and It really shook the herup, she has been very very careful and aware of keeping her eye out of bikers. At least no one was really hurt just shaken but she is down to her last two years no claims and would rather not see them go else by by brabus smart.

My take on it would be he shouldn't have undertook a car when his path was not clear, I understand he wouldnt fill the yellow box like a car and would have perhaps undertook other cars to be clear but surely this is still not correct (I don't know for sure as im not a biker) the other point would be that his mates advised the police that he didnt really show down at the junction so perhaps he was also wrong here.

Let me know what you guys think...

Fingers crossed it might sway our way...
 
You say there were lights? What were they showing? Was there a green light filter for the right turn she was making? If the oncomming traffic was stationary (leaving the box junction clear) but on a green light then the bike may have been legally filtering depending on how he approached the junction, although it does sound like he was probably at fault.

If the guy has already admitted fault then I dont see there being a problem here.
 
Please dont get the assumption Real bikers are silly like most of the stupid moped riders lol, there a danger to us bikers around town nevermind cars lol
 
Well getting second hand info from the mrs she didnt know what colour the lights was but it wasnt mentioned by the biker either, its the filtering part I dont understand to be honest and its what makes me uneasy.
 
adapt said:
Well getting second hand info from the mrs she didnt know what colour the lights was but it wasnt mentioned by the biker either, its the filtering part I dont understand to be honest and its what makes me uneasy.

Well in that case its hard to say for sure because we dont know exactly what happened.

If the guy has admitted it was his fault, and has not changed his mind then you have nothing to wirry about.
 
loki101 said:
was it a 2 lane junction? if so he would have been moveing into the left lane to go stright over?
The on coming lane which the on coming car and the bike which was behind this car but undertook is one lane. The car/bike were oncoming but blocked due to the box junction. Sorry if this wasnt clear
 
it sounds as though the lad was legally filtering through the traffic so your wife may be to blame, but i can understand seeing all the car stationary and then a bike cutting between them may be hard to see so i think the biker may take the blame. was the accident in leicester ? if so where abouts just being nosey
 
adapt said:
The on coming lane which the on coming car and the bike which was behind this car but undertook is one lane. The car/bike were oncoming but blocked due to the box junction. Sorry if this wasnt clear

In that case he could claim that he was filtering stationary traffic but we dont know the full circumstances.

We dont know where your wife was positioned and if in his mind it was safe to cross the junction.

Near impossible to say whos fault this one was im afraid.
 
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Nah not leics, tt was in ripley notts. This is the thing really regarding the guy filtering which you see bikers do all the time, but the way it was explained to me the other traffic was stationary which leaves the problem he may have been safe to do so but the way his mates got on to him he must have done this at speed. She has just had a call from her legal people from her insurance advising they will be claiming from the bikers insurance so fingers crossed.
 
I'd say its the ped's fault from a common sense point of view. Filtering is one thing, and I do it all the time, but you have to filter to the right of the traffic, essentially overtaking it. If I'm reading it right he definitley undertook the car. Sounds like awful riding to be honest.

I'm not sure what the legal implications afetr that are though - even though he got to where he was incorrectly, it could be that once there, he still has right of way?
 
Sagalout said:
If I'm reading it right he definitley undertook the car. Sounds like awful riding to be honest.

I'm not sure what the legal implications afetr that are though?

Exactly, it sounds like the rider passed the car on the wrong side and just generally didnt excersise any common sense, he must have taken the junction at speed and if he had slowed down and made all the nessecary visual checks then he would have seen the driver turning across the junction.

Legally I dont know if he can argue that he was filtering or not, but so far it looks like the OP is managing to claim of the riders insurance so all is good.
 
zenith10 said:
every biker filters in between lanes meaning your going to have to be untertaking one car to overtake another.

But as i understand it undertaking is illegal unless the traffic is stationary (or close to). Can anyone clarify / link?
 
zenith10 said:
every biker filters in between lanes meaning your going to have to be untertaking one car to overtake another.

Yes but as I understand it, in this case there was only one lane, in which case he should have been on the right in order to over take. Not undertaking on the left.
 
zenith10 said:
every biker filters in between lanes meaning your going to have to be untertaking one car to overtake another.

Multi-lane filtering is different. In this case the oncoming cars were not in lanes. A bike should not undertake on a single lane carriageway.
 
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