accident liability argument

[Welshd1k]

Ok so my accident on 3rd of october the liability is being argued .

google maps link to road
https://maps.google.co.uk/maps?q=cockett+road+swansea&hl=en&ll=51.634694,-3.981428&spn=0.018352,0.045447&sll=53.800651,-4.064941&sspn=17.937521,46.538086&vpsrc=6&hnear=Cockett+Rd,+Swansea,+United+Kingdom&t=m&z=15&layer=c&cbll=51.634594,-3.981499&panoid=PrpVz8fy3zNJcoaRm36kbg&cbp=12,170.99,,0,22.1



Ok so the story i am coming alon the road DOWN in the direction the maps is showing there is a row of 3 cars positioned to the centreof the road and the rear vehicle is indicating RIGHT accros the keep clear section so i went down the inside of them as there was a good 4-5 foot of clearway between the pavement and the cars . as i have aproached the front car a vehicle coming towards has been flashed by the car at the front of the que to turn across into the left. and has struck me . and i have been flung clear of the car and landed on the other side of the junction to the left .


inshurance etc is all being a PIA other parties inshurance is arguing liability . so is it MY fault as i was going along my side of the road doing 25 ish mph .
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Current >Cb600fx hornet, ns125rk90 21.7bhp@wheel<
Sold >,zxr400 h2 (33bhp kit) rd350 n1 rd350 lc2<

[passifid]

i dont really understand the circumstances clearly but i assume from what i read that

1.) ou were on your side
2.) a car wanted to turn right and moved into the crown of the road as to not obstruct the flow of traffice
3.) you carried on going
4.) a car turned out of a junction and hit you after bieng flashed

if i am correct then i do not belive you are at fault for two reasons
1.) you have to check if when turning it is safe to do so if it is not and an accident is caused by you cutting across a lane of traffic then the driver turning is a fault
2.) unless the man giving the signal to turn is a road traffic officer the command is not a command but a suggestion. therefore he didnt have to turn and by doing so has caused an accident. you are nto liable for that

but i think i might have mis-understood you and got somthing wrong where roger will probably clear this up

[Welshd1k]

Basicaly exactly what you have said except the vehicle that hit me was coming Towards me on the opposite side of the road
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Current >Cb600fx hornet, ns125rk90 21.7bhp@wheel<
Sold >,zxr400 h2 (33bhp kit) rd350 n1 rd350 lc2<

[Welshd1k]

Just got off the phone and basicaly teh car at the front of the que of trafic has given a Bollocks statement that kinda says a road layout that doesnt exist:


All this because the vehicle at the front of the que has giving a staatement saying it was my fault and he was on stop on the edge of a YELLOW CLEARWAY BOX AREA that isnt there , then flashed the other car accross and i aproached at speed. Which was never mentioned to the police and has now been said yet every one agreed it was not a case of speed when it happend . So right now thinking this is going to be a long slow dispute.
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Current >Cb600fx hornet, ns125rk90 21.7bhp@wheel<
Sold >,zxr400 h2 (33bhp kit) rd350 n1 rd350 lc2<

[Pete.]

Pretty easy to refute that with a photo.

This is how I see it.

If the car at the front was headed forwards rather than turning right and only stopped to let the oncoming car across, then you were using the extra width of the side junction to perform a seriusly dodgy undertake.

If all three cars were lined up in the middle of the road to turn right I'd say you made a legitimate move.
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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

[iooi]

Were all 3 cars turning right ?

If either of the front 2 were not then in effect you were undertaking.
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Just because my bike was A DIVVY, does not mean i am......

[Welshd1k]

[Redoko]

Paint diagram.
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"Let's face it, this is not the worst thing you've caught me doing."
Sudika Sportsman SK50QT > Gilera DNA50 > Honda CBR125 RW7 > Kawasaki Zephyr750 > Suzuki GSXR600 > Honda Hornet CB600F '51

[iooi]

[Welshd1k]

https://i44.tinypic.com/5unwc5.jpg
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Current >Cb600fx hornet, ns125rk90 21.7bhp@wheel<
Sold >,zxr400 h2 (33bhp kit) rd350 n1 rd350 lc2<

[Pete.]

Can't think of any reason why someone would stop to let a car across there TBH unless they were planning to turn right themselves.
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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

[Welshd1k]

Exactly pete and the fact in his statement he says there is a yellow boxed area / no entry area with traffic waiting the otherside. I can see this being long and slow process . But in my eyes i was doing nothing wrong and the cars where all positioned to the centre of road etc . Just wait and see. I wouldnt have 'undertaken' the cars otherwise i would have overtaken them if i thought they where going straight on and i was going rather slow at the time but she hit me with hell of a force didnt even brake .
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Current >Cb600fx hornet, ns125rk90 21.7bhp@wheel<
Sold >,zxr400 h2 (33bhp kit) rd350 n1 rd350 lc2<

[iooi]

All going to hinge on which way the front (flasher) was going.

But Even if he was turning right, I think you will end up insurance wise with a % of the blame.
While speed may not have been mentioned at the time. 25 mph up the inside of cars at a crossroad, when you can't see if anyone is going to turn across the front of them is pushing it a bit.
Pretty sure that the driver you hit will have guessed that their was not enough width for anything to get through the 4 to 5' gap at speed.
Yes I know they should check before turning.
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Just because my bike was A DIVVY, does not mean i am......

[Welshd1k]

You say 'cross road' but it isnt . its a straight road with 2 turning off it to the left a dead end and to the right the cop shop / school. Just Meh kinda pished off taking so long .
____________________
Current >Cb600fx hornet, ns125rk90 21.7bhp@wheel<
Sold >,zxr400 h2 (33bhp kit) rd350 n1 rd350 lc2<

[iooi]

[Welshd1k]

I am unsure as my father handled the police as i was off my face with meds for first 2-3 days i will be ringing the police officer who handled it in the morning.
____________________
Current >Cb600fx hornet, ns125rk90 21.7bhp@wheel<
Sold >,zxr400 h2 (33bhp kit) rd350 n1 rd350 lc2<

[Rogerborg]

Car drivers gonna hate, they'll all swear blind that you were speeding while popping a wheelie and screaming "DIE, KITTENS!". You'll have to keep calm, realise that they're delusional idiots, and keep providing compelling factual statements.

Or you can skip the jibba-jabba and just PM T.C. - this is his bag.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Redoko]

Surely regardless of the driver being flashed he shouldn't of pulled out?

I might of understood incorrectly though.
____________________
"Let's face it, this is not the worst thing you've caught me doing."
Sudika Sportsman SK50QT > Gilera DNA50 > Honda CBR125 RW7 > Kawasaki Zephyr750 > Suzuki GSXR600 > Honda Hornet CB600F '51

[Welshd1k]

tc?


who's that ?
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Current >Cb600fx hornet, ns125rk90 21.7bhp@wheel<
Sold >,zxr400 h2 (33bhp kit) rd350 n1 rd350 lc2<

[J.M.]

T.C <- clicky linky

From what I've learnt from being here he's pretty much the Guru when it comes to motorcycle accidents and insurance.

Was under the impression his firm only dealt with high-claim cases, unless roger just meant for advice.
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2004 R1 & 2018 XSR900

[mossi123uk]

is this correct?
https://img804.imageshack.us/img804/6391/bikecrash.png

Uploaded with ImageShack.us

[AndyJ]

[Pete.]

A lot depends on what the witnesses say I think. It's all the insurance companies have to go on after all, accounts of the people involved or witnessing.
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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

[Rogerborg]

But pretty much anything that the cagers say will be to the OP's benefit.

I didn't see the bike, so I flashed the turning car through. [2 errors]
I didn't see the bike so proceeded to turn because the road looked clear. [1 error]
I didn't see the bike so proceeded to turn because I was flashed through. [2 errors]
I didn't see the bike, but he must have been going too fast. [1 error, one lie]
I did see the bike, and he was going too fast. But I flashed the turning car through anyway. [major error]
I did see the bike but I mis-judged his speed and proceeded to turn across him. [1 error]
I did see the bike, saw that he was going too fast, but I proceeded to turn across him anyway. [major error]

Most of those are an admission to careless or inconsiderate driving. And if they're inventing imaginary yellow hatching then they're not reliable witnesses. Your solicitors should be destroying them, and if they're not, then what are they doing to earn their money?
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Shaft]

^^^^ I can't see it any other way than this.

Even if you were doing a thousand miles an hour, the onus is on the turning driver to make absolutely sure that the way is clear, and being flashed is not a guarantee that there is nothing coming.

Tell your insurance company's legal team to take their middle finger out of their arse and stick it up to the other lot.

If they want to argue speeding, you couldn't have been going that fast, if you only travelled less than the width of a minor road.
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20 RE Interceptor, 83 Z1100A3, 83 GS650 Katana
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