Another accident...

[LockyUK]

... monday the 5th march, on a car park in oldham centre behind a vw (golf i think it was) on a 1 way road through the car park (clegg st) this god damn woman decided to not indicate or brake (until she started to turn into a bay) we was both doing around 20, as she was to the far left of the road (half on the road half going over the empty spaces on the left) like i said she just turned with no warning, i turned / braked to try to avoid hitting the car, unfortunately blind panic i turned into her (right side, i assume because im right handed first instinct!) smashed into her drivers door at a slight angle, my leg was crushed between the car and my bike (left leg).

At the time i just had a blackout then stood right up as i felt nothing, didnt bother with police or ambulance, but went to the walk in centre (5 min walk away) in which they said there was damage to my left calf (thank god for armour or i would have been truly fucked), the woman at the scene was screaming when i stood up saying "oh my god i thought i killed you" (everything was witnessed by a traffic warden guy) she admitted liability and what not, then chaged her story after a phone call to her dad!, i got her details and gave mine, told the insurance exactly what happened (fucking mce!!!!) and they said it is a fault claim! i told them basicly to get fucked and have already had my bike repaired (somehow only both brake levers, handle bars, 2 new front indicators).

i have now been off work for a few days, cant put weight on my left leg, now my left ankle, when i move my foot around i can hear / feel bone scraping (seriously, but it is not painful).

my question is, it was her fault by her own admission (at the time) no doubt it will be twisted when she tells her insurance, will they try to persue my insurance or will they say its a fault claim to her too? (in wich case i assume i will not get raped for next years premiums) the cctv on the car park is out of action and the traffic warden does not want anything to do with it (i suppose a lot of hassle, fair enough) so the situation is word on word, what will be the outcome ?? any ideas ???


thanks guys n gals.

[DrDonnyBrago]

Hold on, you were behind her and following in a car park, 20mph seems a bit fast but nonetheless, if you were so close that when she did something (could have been braking or tunring) you narrowly avoided rear ending her then plowed into her door instead then it sounds very much like it was your fault. To put it another way, if you were in her position and she was in yours, you turned quickly and she plowed through you would you consider it your fault?

Have I misinterpreted it because it just sounds like an "only a cunt hits the car in front" moment.


Obligatory paint pic required .

[P.]

Car parks are usually private also...

Insurance refused to do anything with a claim when a car tapped my car as it was private land. Unsure if thats the case but thats what happened.

Car parks are also <10mph.. especially as kids are probably present hidden by cars.

Paint diagram

[Shinigami]

if at 20 you hit her when she stopped/turned you were probably way too close? or have the reactions of a dead cat.

Car parks are lethal, try to leave as much space as you can and look out for spaces in front of the car they may turn into. It's common for people not to indicate when they find a space
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[LockyUK]

insurance said about stopping distance, what i tryed to explain she was very far on the left (literaly half the car was driving over parking spaces on the left) and the entrance to the car park is just off a road, hence the speed, what i dont understand is how the insurance say its my fault when she failed to inform other road users of her inteded actions ?

[Dracon]

From what you've said, it was your fault. You were following too close, too quickly and couldn't react in time when she did (what should have been) an expected manoeuvre

[LockyUK]

[james1988]

[LockyUK]

[Imonster]

It does sound like it was your fault sadly, irrespective of late indicators, etc. If you'd have been a decent distance behind her the accident wouldn't have happened. As said, chalk it up to experience and move on
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[chris-red]

Sounds like your fault to me.
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[Sako]

hate to say it but it does sound like you were too close to be able to react to the car infront - which does come down to you.

[Paulington]

You need to draw a paint diagram. Your explanation is about as legible as muddy water.

What I don't understand is if you were following her and she then turnt into a parking bay, why did you have a fit and smash into her when you could have just continued onwards? Half of her car was in the bay you say.

To be honest, I'd say it's at least partially your fault, but most insurance companies will point it out to you that if you slam into the back of someone then it is your fault as you were following far too close.

You seem to hit her in the side, which when combined with your cackhanded explanation baffles me. .
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[bognorgaz]

with regards to your insurance, it will go up anyway, due to the fact that yu have had an accident, their line is that you are now statistically more likely to have an accident therefore a higher risk. If the Traffic Warden was a council employee then he has no choice but to act as a witness. Speak to his office and they should sort it. Unfortunately it does sound like you were at fault though.

[P.]

Its probably your fault due to stopping distances.

They will say knowing full well its a car park where vehicles come to stop... you'd be expected to display a degree of caution.

Hanging back the 2 seconds would have given you enough braking time.

[Vincent]

I had an accident in Sainsburys carpark a few years back, (other drivers fault), and managed to make a claim.
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[Jefr0]

Sounds like an expensive lesson.

In a car park, road rules tend to go out the window and people are all over the place.

If there is a car in front of you, assume they are going to do the worst and try and f you up.

If a car is in front of you, no matter where it is in the road, they are generally looking for a space and will make a quick maneover to get in one.

You were too close, too fast and didn't give enough room otherwise there wouldn't be a accident.

For next time, only overtake if it's 100% safe otherwise just wait behind the car.

It's experience, you'll probably go through a few situations and you've just got to learn from them.
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[J4mes]

You'll spot this when experience grows, be it on a bike, in a car or whatever.

If I was behind someone doing 20mph through a car park driving through a line of bays I'd think to myself "I'm gonna hang back from this gammon slipper, s/he's bound to do something mental"

[Rogerborg]

As always, T.C or arry or dragstaar will be able to advise you on claiming your compo, you don't have to take any insurer's first offer, and they can hassle the witness on your behalf.

The first thing you'll need to do is get your story straight. Are you really going to claim that the car was doing "20mph" when it began the turn into the space?

Bear in mind that you just admitted to blacking out - you're hardly going to be a compelling witness.

But, SRSLY? You're an utter plonker, the reason why bike KSIs are so high, and you're just lucky that your aggressive, cocky riding didn't result in worse harm to yourself and others.

[dragstaar]

This would be a really tough one.

The bottom line in cases like this comes down to, in my humble experience, the fact that you were behind her.

At the end of the day, short of reversing into you, its very difficult to prove another driver's idiocy when they were in front. All comes down to the stopping distance argument as some have already stated.

Who's side did the traffic warden guy seem to be on?

remember, speeds are incredibly difficult to prove/disprove. Stories change incredibly often. Once you've figured out what happened, stick to it. Have you told your insurance you were doing 20mph?

There is a lot here that will go against you, and I personally think you are at fault.

A story slanted here or there will get you 50-50 liability at best. Unfortunately mate, you were going too fast, too close.

The problem is yes, she should have indicated, and executed the manouvre with more care, but its practically impossible to prove she wasn't indicating and she'll point out that you were behind her.

[Grrh27]

I don't quite understand what has happened here.

It sounds like a driver in a car park has turned into a parking bay without indicating. That is what generally happens in car parks.

I don't want to sound patronising, but next time you are in a car park, expect the car in front to park at some point.

[salty21]

[Imonster]

[Rogerborg]