motorcycle accident!!!!!! Whos at fault

[ljwalker]

last wednesday i was riding to college when some women drove out of a junction straight into the side of me there ws absolutly nothing i could do, luckily it was all at low speed so no major injurys, however the bike is destroyed. after a week the third party insurance have decided i am to blame, apparently i left on my indicator which i am sure i didnt. Say if i did leave on my indicator (not saying i did) who then would be at fault? in my opinion even if i did leave it on she should of checked again before pulling out. sorry if this has bored you i am just interested what you people think.
thanks.

[Kickstart]

Hi

Even if you did have you indicator on, you could have been indicating that you were pulling up just after the junction.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[Itchy]

My sister did this and fought it for 3 years and managed to get a 75-25...

Though the highway code states that you should not come out of a junction until you have visually confirmed that they are actually turning into the said junction.

I think it will go 50-50 , or at best 75-25 due to contributory negligence of keeping the indicator on.
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[ljwalker]

well we will see what the witnesses say if it goes 50 50 what happens do we pay for each others damage ?
cheers

[strag]

Tell them to do one. She should not have exited the junction unless it was clear. If she hit you in the side then you must have been right in front of her. Do a search for the road traffic act and quote the relevant bit about exiting junctions back to them.

In fact this is what I wrote when a bloke pulled out on me...I won

The third party entered a main road from a junction with broken white lines, the Road Traffic Act is very clear on this manoeuvre and I quote:

“172
The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road.
[Laws RTA 1988 sect 36 & TSRGD regs 10(1),16(1) & 25]”

He did not follow this rule and I therefore accept no responsibility in this case and place blame on the third party.
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carbon bling

[Chriss]

Hi, that's just standard practice. I was stationary and a van hit me, the TP insurance blamed me until 10 witnesses stepped forward. Leave it for your solicitor to sort out (assuming you're TPO/TPFT)

I also used to work for an insurance company blaming the other parties regardless. It was our standard first/second letter.
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TheShaggyDA: I've got 3 or 4 pairs that predate my wife, so at least 11.5 years old.

[NSR Mick]

Indicating proves the light works nothing more.
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If you dont like the way that I ride.......Stop trying to keep up!!!

[Feasty]

My wife pulled out of a junction a few years ago after seeing a car to her right coming towards her indicating to turn down that same junction, that car at the last minute then decided to go straight on cue my wife smashing into the front/side of it. Result = 100% fault of my wife. I'll stand up for her through anything but it was her fault on this occassion, she should have waited...
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).

[stinkwheel]

If you are sure you didn't have the indicator on, deny it as strongly as you can.

Do not accept fault, they are trying it on.

I once had someone start a U-turn out of a bus lane into my path, I hit him in the drivers door, a policeman witnessed the accident and charged the other driver on the scene with driving without due care and attention. I had two witnesses in addition to the policeman. His insurance company still tried to deny responsability on his behalf, saying that I should have stopped. They did not get away with it
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[ljwalker]

thanks for the replys they have been extremely helpfull, i cant see her getting away with it i think i will just stay strong and stick to what i have already said and deny having the indicator on.

[Kwaks]

As everyone says, fight for full absolution. Indicators are a courtesy signal of intent, she should have made sure it was clear to go, obviously she didnt. Whether yours were on or off is of little or no relevance.

However, turn it back on them, she drove into the side of you so I assume she was turning right? Was she even indicating ?
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Fallen Angel "Nae sniffing my seat now!!!!! "
www.cliqueycuntsmcc.co.uk
I AM NOT A FAST RIDER!!!!!!!!!

[The Wobbly Orange]

I had a fellow parallel parked on the left pull out into me as i was riding past. Wrote off my shiny new 6grand bike. He admitted liability at the scene and there were hundreds of witnesses yet it still took 5 months til 100% liability was conceded. (If you remember the 10grand supercar challenge on top gear where they tried to parallel park the 70's supercars i was taken out about 20 metres further up that street)
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People tell me I am lovely. How wrong they are!

[Hello there mandem]

There was a time that we used to have nice little paint drawing posted on here, about crashes, I miss them...

[Faldo]

[Chriss]

[Pie-Roe]

[Chriss]

Loving the ACSII art.
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TheShaggyDA: I've got 3 or 4 pairs that predate my wife, so at least 11.5 years old.

[ljwalker]

thanks for the support
the worst bit about it all is the bike was only 1 month old looks like i wont be getting a new 1 for a while

[Walloper]

There was a case went to court where a truck which was slowing down had another vehicle run into the back of it.
They claimed trucker should have given warning by using the brakes and brake lights.
The judge kicked it out by stating it is required to maintain a SAFE distance from the vehicle in front.

Deny you had your indicator on of course. Whether it makes any odds or not.
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W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair

[Coxyzxr]

I worked on fraud section for a BIG car insurance company for two years and your situation if it was how you describe it as follows.

In simple terms:
You had right of way, she was at a junction waiting. She must be giving way to traffic that has right of way.

You win.

The old "you're to blame" is just insurance bull shit, standard procedure.
Unless they have eye witnesses that wern't connected to the driver (ie in the car) then they don't have a leg. (even then we'd be talking at absolute worst a split in your favour 80/20 etc)

Tell them you WERE NOT indicating.
They cannot prove otherwise and their insured IS to blame.
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**WAS FITTED "WRONG WAY ROUND" !** CANT ACCOUNT FOR THE STUPID !

[shellywoozle]

Sounds like you were not to blame as has already been said.

Do you have legal protection that can fight your corner? This should kick in automatically I think but check your policy as it would have been an extra.

Pfffft bloomin cage drivers, its like that advert "how close does a biker have to be before you see it". I know I always wait til the other vehicle starts the diversionary move before I move myself wether it be in cage or on bike.

Stand by your strong thought of you not having you indicator on and claim for injuries too !
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Tell your pants it's rude to point !!

[ljwalker]

yes claimed for my injurys cant beleive how much you can get

[Coxyzxr]