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apruhe
L Plate Warrior



Joined: 14 Oct 2006
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PostPosted: 18:50 - 08 Nov 2006    Post subject: Accident Reply with quote

Hey guys, don't post much on these forums, but read them daily.

Had my first accident today, nothing substantial, but still shook me up a bit.

So here's the scenario.

I've just come off a roundabout onto a 40mph stretch of road, it's a stretch of road i do daily going to Uni and back, so im pretty familiar with all the turning points. Traffic on my side of the road was either not moving or going at 5mph, so natually i decide to filter past, doing around 25mph, keeping my witts about me knowing the tendancies of car drivers.

But what happens next came out of nowhere. Im toodling along when a car 5/6 cars in front decides he's had enough of the traffic and wants to go back the way he's came, which involves taking a "sharp" turn into a road on the right (guessing he'd almost gone past it) and thats when i ended up colliding with the right hand side of his car (dead centre). (maybe 10mph, like i said i wasn't travelling quick and was pretty weary) No indication given, or if it was it was very very last minutes and no prior warning of his intentions either

Ended up hitting his right side centre with my left side front. Damage caused-

Snaped clutch lever
Scratched front left suspension fork
Slightly twisted left front indicator
Cog for the chain at the back now loose

Nothing too severe i know, and yet the guy had the cheek to say i was driving too fast. "If" i was travelling fast, which i wasn't and he saw me in his mirrors, why pull out and run the risk of colliding with me. And why is there so little damage - i mean its only a £1500 Honda city fly 125.

Guy gave me heap loads of abuse and threatened to drive off, which he refrained from doing once he saw i had his license number(note: was a hire car - audi estate).

Not sure on my situation though atm. Didn't get any witnesses (no one stopped and by the time i'd exchanged details the traffic had moved on.

Managed to knock the bike out of gear and role it back (few miles).

Hope i've made that clear enough and you guys can form your opinions based on it.

Anyways, sorry about the mini essay, im a uni student so it comes natually Razz

Cheers,

Adam
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Trixie
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PostPosted: 11:35 - 09 Nov 2006    Post subject: Reply with quote

Sorry to hear that. I couldn't comment on the outcome, but it sounds like this guy had serious cheek to comment on your riding like he did - probably trying to cover himself, by the sounds of it.

Have you reported it to the Police? They may not be interested, but on the other hand may appeal for witnesses, which may help your insurance claim.

Hope you're OK, I find that even after the most minor offs I tend to ache for a few days.
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Pete.
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PostPosted: 11:41 - 09 Nov 2006    Post subject: Reply with quote

If you didn't get witness then all you can do is file a claim through your insurance, say your bit and let them sort it out. It's highly likely that you will be found partly at fault. If you have a witness then you have a much better case but without one it's not so easy.

Was the guy doing a u-turn or turning right? was there a right-turn near the point where you had the accident? if there was no right turn, then you have a better argument because he is going to have to explain how he was 90-degrees across the road. If there is a right-turn anywhere withing a few hundred yards he will simply claim he was indicating and making a right turn and you were overtaking in a dangerous place.
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flamy
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Joined: 27 Aug 2006
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PostPosted: 11:43 - 09 Nov 2006    Post subject: Reply with quote

i wouldnt even bother speaking to someone if theyre giving me abuse, id just get the details and go.

you can be the most careful person in the world and people will still not see you... i dont know what the solution to this would be but hope it hasnt scared you off filtering.

is it worth the hassle of involving an insurance company if it can be repaired cheaply? - cos you kno he probably won't admit liability.
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phatstorage
Trackday Trickster



Joined: 16 Jul 2006
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PostPosted: 11:48 - 09 Nov 2006    Post subject: Reply with quote

bad luck mate, wrong place wrong time it seems.
shit happens and overtaking is always a risk whether by a junction or not,
so many times i've had folks not looking and just turn right with no indication Rolling Eyes

keep it spinning though Thumbs Up
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dew
Trackday Trickster



Joined: 26 Sep 2006
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PostPosted: 12:04 - 09 Nov 2006    Post subject: Reply with quote

Sorry to hear!

But am sure it cant b 5/6 cars ahead, as ur claimed speed was 25 mph!! It doesn't take that long to stop! Wink
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Annabella
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PostPosted: 12:04 - 09 Nov 2006    Post subject: Reply with quote

How much damage (if any) was visible on the car?

If it is a hire vehicle he will have to return it with the damage and either loose his deposit (anything around £200) or have to make a claim against you. Either way he won't be able to ignore it. My advice would then be to inform your insurance company and get photographs of the spot where he u-turned (showing there is no right turn, etc).

Also make sure you inform them that he was abusive and threatening when you stopped and was reluctant to give you his details.
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dew
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Joined: 26 Sep 2006
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PostPosted: 12:11 - 09 Nov 2006    Post subject: Re: Accident Reply with quote

apruhe wrote:
wants to go back the way he's came, which involves taking a "sharp" turn into a road on the right (guessing he'd almost gone past it)


I think as Adam said before there was a right turn! I doubt you stand a chance! Best you can do is report to insurance and not put a claim!
Or else change your story a little bit Twisted Evil
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BorderHooner
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Joined: 29 Sep 2004
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PostPosted: 14:05 - 09 Nov 2006    Post subject: Reply with quote

did you cross the white line? where you indicating?
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st3v3
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PostPosted: 21:11 - 09 Nov 2006    Post subject: Reply with quote

it's simple, if you where passing stationary traffic or slow moving traffic near A junction, you will be found at least parlty to blame, maybe fully liable and if this is the case you will be liable for all costs he incurred, hire car deposit etc..

Confused

just try and get facts that make out he was in the wrong.

good luck and hope ur k. Thumbs Up
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apruhe
L Plate Warrior



Joined: 14 Oct 2006
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PostPosted: 21:30 - 09 Nov 2006    Post subject: Reply with quote

st3v3 wrote:
it's simple, if you where passing stationary traffic or slow moving traffic near A junction, you will be found at least parlty to blame, maybe fully liable and if this is the case you will be liable for all costs he incurred, hire car deposit etc..

Confused

just try and get facts that make out he was in the wrong.

good luck and hope ur k. Thumbs Up


Fully understand the junction argument. Isn't prior indication necessary and shouldn't he have checked his mirror. He says i was speeding (was definitly doing no more than 25 in a 40) and if that was the case and he saw me in his mirrors why run the risk of turning if there's a possibility i could hit him.

Late/no indication + being 10/15metres max away from him before he turned severely, is surely almost impossible to avoid. He wasn't positioned to the right before making the turn.

Feeling a bit iffy after reading the comments.

Hire car was an 05 Audi A6 3.0 TDI. Both doors will need replacing as there's marks at the bottom where they come together. Gash, roughly around 5/6" in diameter.

Bikes getting picked up tomorrow and im being supplied with a substitute. I've got TPFT and some legal cover, so atleast i can cover his costs if the worst comes to the worst.

Be interesting to see how much my repairs come to.

Cheers for the replies, much appreciated Thumbs Up
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silent
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PostPosted: 09:31 - 10 Nov 2006    Post subject: Reply with quote

yes he should have checked yes i think he is responsible and yes i think you will still be found partly to blame...

however food for thought would be what would have happened if you had filtered at 10mph? if you couldnt stop 25mph wasnt safe. Also if he started turning 6 cars infront then at 25mph you either didnt brake hard at all, were exceptionally slow reacting, were actually going faster or he was more like 2 or 3 cars ahead. Just nit picking, but you can see what the insurance is going to think/say

hope alls sorted out for you soon

andy Thumbs Up
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apruhe
L Plate Warrior



Joined: 14 Oct 2006
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PostPosted: 17:20 - 10 Nov 2006    Post subject: Reply with quote

Hey,

On reflection i'd say it was 4 cars in front, maybe 3. All i remember was clear path then suddenly the car rearing up in front of me. Im with Bennetts, and im still waiting on my first letter to come through so i can ammend anything that was previously said, so it shouldn't be a problem totally sorting my story about before the information is sent off to my actual insurer.

Apart from changing the amount of cars infront i think the rest is all fine.

Just had them drop me a 100cc scooter off! Lucky me!

Must be said though, this whole process is horrid.

silent wrote:
yes he should have checked yes i think he is responsible and yes i think you will still be found partly to blame...

however food for thought would be what would have happened if you had filtered at 10mph? if you couldnt stop 25mph wasnt safe. Also if he started turning 6 cars infront then at 25mph you either didnt brake hard at all, were exceptionally slow reacting, were actually going faster or he was more like 2 or 3 cars ahead. Just nit picking, but you can see what the insurance is going to think/say

hope alls sorted out for you soon

andy Thumbs Up
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st3v3
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PostPosted: 17:29 - 10 Nov 2006    Post subject: Reply with quote

Quote:
why run the risk of turning if there's a possibility i could hit him.
because he most likely will not be hurt but can claim he was, get damages etc.. you pay everything and lose any NCB,

BUT he was also in wrong by not being in correct position as the highway code somewhere states something very similar to: you must be in the correct road position before you can complete a manouvre, check any blind spots and give clear indication of any manouvre before anything else and also filtering is NOT illegal just classed as a hazardous manouvre, you may be ale to be 'done' for driving without due care and attention, but as you saw it and tried stopping(didn't you) there was nothing you could have done, he was not percepting hazards, otherwise he would have seen you, indicated then waited til you passed to carry out his manouvre if it was safe and not inconveniencing any other drivers to do so.

this is what i learn't in preparation to my car test in a week's time anyway. Wink
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mistergixer
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PostPosted: 18:27 - 10 Nov 2006    Post subject: Reply with quote

st3v3 wrote:
Gash, roughly around 5/6" in diameter.



Last time i saw one of those i pulled my trousers back up and legged it!!

Smile
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Finglonga
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PostPosted: 20:37 - 10 Nov 2006    Post subject: Reply with quote

As said above it was Overtaking at a junction, it wasn't filtering as 25mph is way to fast to filter. Your reaction time and stopping distance make it far to risky. the car driver should check the mirrors yes, but you shouldn't be overtaking at that speed on a busy road.

Filtering is 10-15mph (max) faster than the stationery or slow moving traffic and never at junctions.
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