accident - take cash or go through the insurance

[jonjones]

Hi All,

First post, just wondered what peoples opinions would be on who would be to blame in the eyes of the insurance claim. Had an off yesterday - the guy who hit me is quite young and drives a high performance car so wants to get stuff fixed and not involve the insurance. I see the accident as his fault for not looking. There is quite a bit of damage to my bike so I'd prefer to go through the insurance, assuming I don't get any blame and lose my no claims.

Scene is.... I was travelling down a road with striped lines in the centre, following a bin lorry. The lorry indicates left and stops. I pull out and pass the lorry, entering the striped lines. On getting nearly past the lorry I see a car in a side road, with the driver looking at the on-coming traffic in the opposite direction. Because he's not looking at my I put the brakes on, just after this he pulls out, still without looking in my direction. I just about came to a stop but he just carried on and accelerated into me.

No damage to me, but the bike (xj600 divvy) will probably be a write off if it goes to the insurance.

Have tried to add a slightly dodgy picture... what do you think... take some cash and fix myself, or just go straight to the insurance.

Cheers...

[The Shaggy D.A.]

You effectively overtook at a junction, keep away from insurance.
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[Gazz]

Depends on how much cash you would be getting.

I try and avoid insurance at all costs - probably cos my cars and bikes are not worth very much and I value my no claims bonus quite highly.

He is obviously in the wrong, so see what money you are likely to get off him.

[Ste]

A lorry turning left will swing out to the right.

How much damage was there to the car? If its more than a couple of hundred then I reckon you're better going through the insurance.

[jonjones]

thanks for your thoughts... not sure I see it as overtaking as the lorry was stationary (to empty bins), hence me passing

[Flip]

I would have overtaken that bin wagon at a walking pace until I'd past the junction tbh. (If I'd known the junction was there).

I reckon you'll get the blame for that. In general though I think the less the insurance know the better.

[jonjones]

car only had damage to the bumper. quote to fix today is around 700 (bike worth about 1100), but I think I can do the work myself and get some second hand parts to get it done under 700

[Feasty]

Depends if the bin lorry was indicating to turn left and waiting till the car came out of the side street, or it was actually pulling in to stop. If it was pulling over to stop you had no choice but to overtake it and it was the car's fault.
However if the car driver insists the bin lorry was just turning and had perhaps motioned for him to go then you could be in a pickle for overtaking at a junction. Were there any witnesses?
I'd say it all depends on witnesses, but since you were not hurt you should perhaps just take the money.

Edit: Just seen you say the bin lorry was working at the time. In that case because the car went into the side of you I'd go through insurance as it was his fault for not looking. Sounds like you literally came to a stop in front of the car and he went in to you, pretty clear cut really in my view.
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[Flip]

I think there is a good chance the bin lorry flashed the driver out to give himself room to turn left.

[Ste]

What was the drivers opinion about who was to blame?

[ClaireBear]

sorry to hear your first post isnt a happy one!

If the lorry was stopped than surely there was no problem with overtaking and so it was the cars fault for not giving way to you, and obviously, hitting you. But it depends on what other people claim, especially the car driver.

Do you think the guy that hit you will definitely pay up in cash? Because you dont want to be wasting time by not claiming if hes struggling to get the money together.

Its good that your not hurt though

[Kickstart]

Hi

Big nasty about overtaking at a junction is people turning right from the road you are on and into you. In such a case it gets messy due to some dodgy 1960s case law.

However in this case you were on the road and the car failed to give way, drove onto the road and into you. Overtaking might not have been the best idea but also do not think this alone could be used against you.

It will get messy if the cross hatched area had solid borders.

Might also get messy if the bin lorry driver waved the car out.

All the best

Keith
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[t121anf]

providing what you say is correct and they the lorry had stopped to let the workmen load the bins it's all the car's fault.

doesn't matter if he was flashed out, he has to give way, and you wern't overtaking if it's stationary you are just passing a parked vehicle

as said you need witnesses to back up that the lorry wasn't moving or planned on moving, i.e. emptying bins at the time

[jonjones]

at the time he said it was his fault. We took the bike back to his house round the corner to try free the centre stand and front brake. Subsequently (probably since speaking to his parents) he's asked if I'll pay a percentage of the costs to fix as I was 'overtaking on cheverons'

[jonjones]

It will get messy if the cross hatched area had solid borders - they were not the solid lines

[ClaireBear]

[t121anf]

Highway Code


110

Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

111

Never assume that flashing headlights is a signal inviting you to proceed. Use your own judgement and proceed carefully.

[panrider_uk]

I can't see going into the chevrons as a problem. How else would you be able to pass a parked/stopped vehicle there?

Mark
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[t121anf]

TBH i'd go through insurance as this will just get worse.

am I not right in thinking it's not a claim until you accept payout/repair work from the insurance company? therefore you can raise this and opt to not proceed if it goes against you?

not that up on claims as i've only ever claimed 1 for a fault accident so no real experience

[jonjones]

good points... had not thought of these rules (I only checked the highway code to find what the dotted lines meant surrounding the stripes, rather than the solid lines!)

[ClaireBear]

[and]

...

[Ste]

Did you get details of the guys of the bin lorry as witnesses and what did they say about whose fault it was? Were they stopping, turning left, or letting the car out?

[jonjones]

I didn't think of witnesses at all at the time, so (as far as I'm aware) there are none.

[Kwaks]