First real crash but who is at fault?

[hellobaby]

Had a bad day today, I know its Saturday but I needed to go into uni to do a bit of work on my disso so was riding as I normally do in London. About a minute away from uni and bang I'm on the floor.

Here is what happened, due to the heavy traffic on my side of the road I was travelling in the oncoming lane, when a car (bmw 3 series) pulled out from the narrowest road I have ever seen into the line of traffic attempting to join the oncoming lane. Since his car was shorter than the cars in the cue i only saw it before I crashed. I was travelling under 10mph so wasn't hurt too bad, so far just a scrape on my shin which is swelling up and a shoulder which is hurting a bit.

I have a problem though, as I was travelling on the wrong side of the road and I would have to go through the insurance as neither of us claimed liability, who is likely to come at fault and what could the outcome be. Any advice would also be appreciated, oh and he did mention that he has had a very similar crash before.

Photo of road:
Blue line = me
Red Line = BMW

https://www.flickr.com/photos/54038658@N03/5000745173/

Damage to bike:
https://www.flickr.com/photos/54038658@N03/5001346744/
https://www.flickr.com/photos/54038658@N03/5000745515/
https://www.flickr.com/photos/54038658@N03/5001346530/
https://www.flickr.com/photos/54038658@N03/5000745287/

Damage to car:
https://www.flickr.com/photos/54038658@N03/5001346878/
https://www.flickr.com/photos/54038658@N03/5001347062/


Damage to me:
Bruised shin and Battered confidence
____________________
CBT - 10/05/08, Theory 7/05/08

[Paxovasa]

As you were in the oncoming lane the best you can hope for is 50-50, but I suspect you will be held responsible.
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Suzuki GSF600 K3 (in the fastest colour, black).

[hellobaby]

[Paxovasa]

If it was found to be 50-50, then your insurance would repair his car and his insurance would repair your bike.

if you are found to be at fault, then your insurance will repair his car.

Are you FC or TP/FT?
____________________
Suzuki GSF600 K3 (in the fastest colour, black).

[hellobaby]

Oh that makes sense, thanks, Im TPFT
____________________
CBT - 10/05/08, Theory 7/05/08

[Paxovasa]

In that case, if they find it was your fault, they will repair his car, but wont fix your bike.

Have you informed your insurance company of the crash. If not do so straight away
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Suzuki GSF600 K3 (in the fastest colour, black).

[hellobaby]

[calyx]

[londonbill]

This is one of the most common collission scenarios in bult up areas.
You say the road was busy and you were travelling on the opposite side.
If that BMW pulled out, taking into account the road was busy, that means a vehicle to your nearside would have been giving way to allow him out.
You should have spotted that.
One of the golden rules when filtering is to always monitor your nearside, and watch out for large gaps.

[ms51ves3]

[Ste]

You shouldn't have been overtaking at a junction and he shouldn't have pulled in front of you for that reason I'd expect it to go 50:50.

Did you any witnesses stop and give you their details?

Might be worth asking the driver if he'd be willing to leave it, so not doing anything through insurance and no money changing hands; you fix the damage to your bike and he fixed the damage to his car.

If it goes through insurance then you'll both have a claim to declare for the next few years, you'll both lose your NCBs', and you'll both only get 50% of the cost of fixing the relatively minor damage. If the car & bike are fixed at garages as an insurance job and you each have to pay 50% of your respective bills then that will be very expensive compared to fixing it yourselves or getting the vehicles fixed by garages but not as an insurance job.

[Pete.]

Filtering past any junction is hazardous. You have to learn to be very wary passing side-roads on either side but especially on the left if you're filtering outside of standing traffic.

Put yourself in the shoes of the driver who pulled out - he had no way of seeing you coming until he had view past the vehicle which left him a gap and the whole front of his car would be across your path before he could see along the queue. I'm afraid the accident was more your fault than anything else.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[multijoy]

I don't think it's as clear cut as it first looks.

Although you may have been filtering, the onus is still on the driver joining the carriageway to ensure that the manoeuvre he's about to undertake is safe.

When you speak to your insurers, make sure you get them to note that you're advising them of the incident for information only.

Also, make sure you report the accident to the police as you've been injured, this is mandatory

If you want to claim off the other bloke's insurance. have a look in the back of bike or MCN, and go to a specialist firm who have more experience with this sort of accident then a general PI firm might have. Don't let your insurers railroad you into letting them handle it.
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'11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on.

[londonbill]

Once you've reported it to your insurers it'll be down to them to establish liability, so this whole thread is a bit pointless.
You did get the other drivers details didn't you

[hellobaby]

thanks for all the replies, I havent been able to get through to my insurance as of yet (probably cause its a saturday). I did get his details, just forgot to get a mobile number, police turned up but didnt do nothing, the other driver started arguing with the copper for some weird reason.

I'm not sure if its clear from the pic, but the road that he emerged from is very narrow and i just didnt expect a car to emerge from there, plus I think a van was blocking the view into it. I think I will go with multijoy's advice and inform my insurance for information only and try to get in contact with the other guy to see if he will just let it settle.

It just feels bad that now I got a dent in my tank, makes me wanna cry, that and the pain that is developing in my shoulder.
____________________
CBT - 10/05/08, Theory 7/05/08

[multijoy]

[Ariel Badger]

You are very confused about how this happened.
Surely the reason you had crossed the line was in an attempt to avoid the BMW pulling out of a side road? With no witnesses I would stick with this version.
A BMW driver can not possibly be in the right.
____________________
Bikers make great organ donors, get 115 on your licence today.

[Paxovasa]

[Willson]

[londonbill]

I really wouldn't try ripping off an insurance company.
They're wise to these scams and if you're found to be trying it on, it'll be recorded and I doubt anyone of them will touch you again.

[owl10]

Personally, If it were me, as the vehicles have been moved I would be tempted to suggest that although filtering you remained on your own side of the white line.

Just a thought.

[h00dwink]

yea i believe you meant that whilst you were filtering outside of traffic you were still within your lane and he'd pretty much cut across it...
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Sahf East Winnah 4LYF
https://bikepics.com/members/h00dwink/00sv650s/
www.youtube.com/h00dwink updated regularly

[hellobaby]

[h00dwink]

no buddy, but if you don't let your insurance company know this is what happened then you might find the other guy making it that he was already in his lane after pulling out and you weren't in your lane.
get in touch with a decent traffic solicitor that does no win no fee, if they'll take your case on then chances are you aren't fucked.

leave it to your insurance company and they'll start off with going for 50/50 and probably buckle if the other company rejects it and settle at fault on your behalf. had this happen to me.
____________________
Sahf East Winnah 4LYF
https://bikepics.com/members/h00dwink/00sv650s/
www.youtube.com/h00dwink updated regularly

[binge]