Biker should have slowed to see what the gap was in front of the lorry and anticipated some one pulling out of a side road. But hitting someone on a major from a minor is always going to be in danger of not failing to observe. So I reckon 50:50, but this won't get finish for 1-3 years, depending on how unless the insures are.
had a accident this morning :(
- Thread starter wijcc
- Start date
lookS like i am being held to fault.. got an email from my insurers
"We have reviewed the circumstances of the incident and feel that the driver of your vehicle will be held responsible. We will therefore deal with any third party claim we receive as quickly and effectively as we can, in order to limit the costs involved.
Unfortunately, this means that your No Claims Bonus will be reduced (subject to the terms of any Bonus Protection cover you may have)."
"We have reviewed the circumstances of the incident and feel that the driver of your vehicle will be held responsible. We will therefore deal with any third party claim we receive as quickly and effectively as we can, in order to limit the costs involved.
Unfortunately, this means that your No Claims Bonus will be reduced (subject to the terms of any Bonus Protection cover you may have)."
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Caporegime
WTF ?
how can they apportion 100 % of the blame to you when somebody was overtaking on the wrong side of the road contravening the markings for a pelican crossing that stipulate no overtaking ?
how can they apportion 100 % of the blame to you when somebody was overtaking on the wrong side of the road contravening the markings for a pelican crossing that stipulate no overtaking ?
Don
Overtaking past a junction as well which is against the highway code.
I am a little surprised they are not apportioning any blame to the biker, overtaking on the zig-zags approaching a pedestrian crossing with junctions either side is a) daft, b) not looked upon very favourably by the police.
However pulling out blind into a road is also bad news; if you have to do this then creep out very, very slowly until you can see it's clear.
However pulling out blind into a road is also bad news; if you have to do this then creep out very, very slowly until you can see it's clear.
Still though he's been given the go ahead by having a lorry stop for him to pull out, I'd be utterly gutted if I were you. I'd probably be happy with a 50/50 but that just sucks.
That means nothing, in fact the lorry flashing his lights, by applying the highway code, means he was simply letting OP know where he was.
I know everybody uses the headlights to 'let people out' but to then assume the road is clear is wrong.
OP, 100% your fault is harsh, but ultimately does it make a difference (50% or excess maybe?)?
Don
Judging by the position of the car in the road and the big skid mark from the bike it looks like he did this.
Biker was doing something he wasn't allowed to do, and also doing it too fast.
...Fight it. Even 50/50 sounds like a bum rap but 100% your fault is not on. They seem to have decided very quickly that you fubar'd. Have they had all the info from you, the witness(es) or the bike rider??
So much for being on your side until the dying end!
So much for being on your side until the dying end!
Associate
I don't think overtaking was the best of choices in this situation. Sure you'll come out on top but unlucky for both of you.
Lucky that you are both ok though
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Lucky that you are both ok though
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Caporegime
it doesn't matter
The lorry wasn't the one who collided with him. The lorry was stationary and had indicated he was giving him right of way.
He was slowly coming forwards with his view to the right obstructed by a large lorry when a biker went overtaking the lorry and seemingly came out of nowhere.
Had the biker been waiting at the back of the traffic instead of thinking he could "filter" through it, the accident wouldn't have happened.
Whatever you do - as clearly even worst case its 50/50 - don't in any way admit fault here in any shape or form - give an inch and theres a good chance the insurance companies and/or the other party will take a mile.
EDIT: As it seems no one was really hurt and damage was relatively minor it will probably go 50/50 anyhow unless either the other party admits blame or you really really fight it and the lorry driver is prepared to back you up.
EDIT: As it seems no one was really hurt and damage was relatively minor it will probably go 50/50 anyhow unless either the other party admits blame or you really really fight it and the lorry driver is prepared to back you up.
Soldato
Every safe biking site on the internet would say the rider should not overtake where he did or if they do to ensure they can stop within sight. Clearly the biker panic braked from way back when the nose of the car came in view which to my mind means he was going some, though not necessarily speeding. Even 30mph would have been excessive for the conditions (approaching a junction blind) when overtaking in those circumstances IMHO.
As a biker I would have been using a fair degree of caution expecting a car to come out as the lorry had left a gap in the traffic.
However, being let out of a junction does not preclude one from taking reasonable care, if the car was stationary, I would say he was taking reasonable care, but it is not me making a decision
As a biker I would have been using a fair degree of caution expecting a car to come out as the lorry had left a gap in the traffic.
However, being let out of a junction does not preclude one from taking reasonable care, if the car was stationary, I would say he was taking reasonable care, but it is not me making a decision
I was stationary when the bike hit my car, i pulled out a little bit to make sure the path was clear as evident from my picture and the position of my car
Caporegime
hammer this home to your insurance company then.
What more can you do when pulling across traffic in the centre of london. You'd be waiting forever if you waited for such an oppertunity that there was clear roads both ways to give a nice clear view.
All you can do is start to edge forwards, and hope for the best.... and hope some muppet on a motorcylist doesn't think its ok to overtake approaching a pedestrian crossing and a blind junction doing speed ... I mean could the biker have had any more risk? he was A) doing some speed, he obviously wasn't creeping he was B) on the wrong side of the road, he was C) overtaking approaching a pelican crossing and contravening the zig zags, and D) he was overtaking stationary traffic approaching a crossroad with another road.
Seriously the only way the biker could have been in more danger was if he was on fire while doing that manoeuvre.
Soldato
if your car was stationary, then it isn't your fault.
now we have a narrow road, a junction and a pedestrian crossing, there is no way the guy should have been overtaking, let alone at 40. I would have said a least driving without due care and attention.
Insurance company just wants an easy way out or are incompetent.
now we have a narrow road, a junction and a pedestrian crossing, there is no way the guy should have been overtaking, let alone at 40. I would have said a least driving without due care and attention.
Insurance company just wants an easy way out or are incompetent.
they prob know the biker is at fault but fighting it and going through court etc will prob cost too much to risk losing so its easier for them to cut losses earlier on.
my fiancee deals with bogus crash claims and some of the stuff people claim happend is ridiculous but they cant get enough evidence against them so have to pay out but just a lot less.
my fiancee deals with bogus crash claims and some of the stuff people claim happend is ridiculous but they cant get enough evidence against them so have to pay out but just a lot less.