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My first crash today, who was at fault?

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Waaarrrggghhh
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PostPosted: 17:44 - 21 Nov 2016    Post subject: My first crash today, who was at fault? Reply with quote

I was driving behind this car and it started signalling left and slowing down.

So, naturally, I thought it was going to turn left. The opposite lane was empty, so I overtook it on the right.

However, the driver actually turned right instead of left, straight into me. Luckily it wasn't really a head on crash for me, it was more like we bumped our sides into each other and I managed to stay on, but my left indicator and headlight is wrecked.

I absolutely lost my shit at her, what a crap day for me, failed my mod 1 test this morning, bad day at work then this. I got her number plate at least.

Who was at fault though?
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conker
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PostPosted: 18:18 - 21 Nov 2016    Post subject: Reply with quote

Overtaking a car at a junction is risky business, someone emerging from the side road might fail to see you doing so.

I'm no expert, but I'd expect in this case it'll go 50/50 or against you, driver will 'recall' indicating to the right, driving perfectly and even checking their blind spot before committing to the turn and it'll be your word against theirs.
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Pete.
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PostPosted: 18:30 - 21 Nov 2016    Post subject: Reply with quote

Chalk it up. Never assume that people are going to turn the way they are indicating, make sure they actually start the maneuver before committing yourself. Also, pulling off that maneuver is a good way of getting flattened by another vehicle emerging from the left turn.
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Rogerborg
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PostPosted: 18:55 - 21 Nov 2016    Post subject: Re: My first crash today, who was at fault? Reply with quote

Waaarrrggghhh wrote:
Who was at fault though?

What do your witnesses and camera footage say?

If you have neither, it's 50/50 because obviously she indicated right.

Don't sweat it too much, I'd probably have trusted the indication too unless there were prior signs of spackiness (including it being a Micra, Jazz or Juke).
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stinkwheel
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PostPosted: 19:58 - 21 Nov 2016    Post subject: Reply with quote

If only you'd been able to do a hazard avoidance swerve. Wink

As has been said, overtaking at a junction is risky. Overtaking well wide would have made it a lot less risky. No good reason not to be well out in the lane you're overtaking in.

But yes, she was in the wrong because indicating left then turning right would, in my book, fulfill the legal test for driving without due care. ie. "Driving that falls below the standard expected of a competent driver.".
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ackack
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PostPosted: 21:50 - 21 Nov 2016    Post subject: Reply with quote

Glad you're ok though that's the main thing. I'm also going to plump for 50/50 because you've put yourself in a dangerous position. She was an absolute arse for doing what she did but you didn't die which is a bonus. I'm guessing you're quite young and it sounds like inexperience to me, the good news is you can learn from this and I bet you won't make the same mistake again.

Never take an indicator for granted and this sort of accident justifies my OCD of spamming the cancel indicator button.
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duhawkz
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PostPosted: 21:53 - 21 Nov 2016    Post subject: Reply with quote

wheres the paint diagram?
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SophR so good
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PostPosted: 21:59 - 21 Nov 2016    Post subject: Reply with quote

Equal. No need to overtake a car turning left. A lot of bigger cars swing out right first for tight lefts anyway.
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Pjay
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PostPosted: 22:00 - 21 Nov 2016    Post subject: Reply with quote

It amazes me where we have a system that will fail you due to not being able to show a competent level of safety when riding around some cones and then wave you off on your merry way to ride on the roads for as long as you choose.

"No, you're not fit to ride on the roads, so go and ride on the roads some more".
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NJD
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PostPosted: 22:06 - 21 Nov 2016    Post subject: Reply with quote

Waaarrrggghhh wrote:
Who was at fault though?


Why care unless you're making a claim and even then it's not us but the insurance companies whom will decide your fate.

In truth there's two contributions I believe to this accident, well three, (1) your limited riding skill (b) defective brakes (3) poor weather conditions. A combination of all three meant something like this was inevitable to be honest and I'd say that despite the fact you could pass Module 1 / 2 on your own bike without training I'd advise you go and get some because clearly it's not working out without it, everyone ad be better of if you did train. Thing is you can pass Module 2 solo but you don't learn anything, the cost of training is invaluable in the long run. Your next ride should be to the shop to get your brakes serviced, cleaned, lubed and ensure they work properly and get your levers adjusted and fluid looked at while your there. You need to realise that at this time of year all the dust, road salt, crap etc can gunk up pads and they need taking out and servicing, if you can't do it at the very least you need to know how to spot the warning signs so there's not another thread like this. Warning signs: touch disc after ride if warm pads are rubbing, push bike forward and listen for resistance, spin wheel and ensure spins freely.

Plus do be aware that an emergency stop the clutch should only be pulled in at the last moment when you're stopped to prevent stalling and in the real world is the last thing you think about and even on the test isn't a fail if you do stall because stopping is the most important thing. Are you sure you didn't just pull your clutch in and that's why you didn't stop? I can't believe you've rode to the point the bike levers hitting the bar and you've not noticed or done anything about it.

Ride with caution in bad weather conditions. 2 seconds in the dry, 4 seconds in the wet, 8 seconds on ice.. that's following distances or something like it, I forget.

Cager is spanner like most of em but there are things you can do to prevent a similar situation. Please act on advice so there's no finding out the hard way from this point on. Thumbs Up
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M.C
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PostPosted: 22:21 - 21 Nov 2016    Post subject: Reply with quote

SophR so good wrote:
Equal. No need to overtake a car turning left. A lot of bigger cars swing out right first for tight lefts anyway.

A lot of Nissan Micra's will swing out right as well Confused

Unless the OP has video evidence it's going to be a tough one to prove. People have won such cases but it would probably go split liability. Was the car damaged? Work out what a new headlight/indicator will cost you vs. a claim you'll have to declare for 5 years.
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Stalk
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PostPosted: 07:06 - 22 Nov 2016    Post subject: Reply with quote

Any indication is only proof that the bulb works and no more.
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linuxyeti
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PostPosted: 07:30 - 22 Nov 2016    Post subject: Re: My first crash today, who was at fault? Reply with quote

Waaarrrggghhh wrote:
I was driving behind this car and it started signalling left and slowing down.

So, naturally, I thought it was going to turn left. The opposite lane was empty, so I overtook it on the right.

However, the driver actually turned right instead of left, straight into me. Luckily it wasn't really a head on crash for me, it was more like we bumped our sides into each other and I managed to stay on, but my left indicator and headlight is wrecked.

I absolutely lost my shit at her, what a crap day for me, failed my mod 1 test this morning, bad day at work then this. I got her number plate at least.

Who was at fault though?


I'm afraid you were at fault, indicators don't actually mean anything. Chalk it down to experience, you'll experience far worse over time Smile
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andyscooter
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PostPosted: 07:41 - 22 Nov 2016    Post subject: Reply with quote

will be 50/50 I'm guessing as it went when I had mine

I over took a car turning left and another pulled out from behind it
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155mph
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PostPosted: 12:54 - 22 Nov 2016    Post subject: Re: My first crash today, who was at fault? Reply with quote

Waaarrrggghhh wrote:
Who was at fault though?


Brakes still not working, huh?
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M.C
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PostPosted: 13:19 - 22 Nov 2016    Post subject: Reply with quote

M.C wrote:
Work out what a new headlight/indicator will cost you vs. a claim you'll have to declare for 5 years.

£30 or so (headlight/indicator). Yes I'd be fixing the damage myself and asking Santa for a helmet cam'.
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NJD
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PostPosted: 13:45 - 22 Nov 2016    Post subject: Reply with quote

M.C wrote:
M.C wrote:
Work out what a new headlight/indicator will cost you vs. a claim you'll have to declare for 5 years.

£30 or so (headlight/indicator). Yes I'd be fixing the damage myself and asking Santa for a helmet cam'.


Well the collision involved two parties and one doesn't get to decide what happens next if the others on the phone to the insurance company..

.. So OP what's the situation regarding insurance?
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M.C
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PostPosted: 13:52 - 22 Nov 2016    Post subject: Reply with quote

NJD wrote:

Well the collision involved two parties and one doesn't get to decide what happens next if the others on the phone to the insurance company..

.. So OP what's the situation regarding insurance?

"I got her number plate at least" doesn't sound like a friendly exchange of details. IF it's the OP's call I wouldn't make that call Wink
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TheArchitect
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PostPosted: 16:43 - 22 Nov 2016    Post subject: Reply with quote

Invest in a helmet cam buddy. It's a small price to pay and would have resolved this situation in one phone call.
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recman
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PostPosted: 18:22 - 22 Nov 2016    Post subject: Reply with quote

You were at fault for driving a motorcycle. Tut Tut
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Commuter_Tim
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PostPosted: 20:22 - 22 Nov 2016    Post subject: Reply with quote

TheArchitect wrote:
Invest in a helmet cam buddy. It's a small price to pay and would have resolved this situation in one phone call.

Here's the thing, how sure are you that even video footage of such a collision would result in a decision of complete non-fault for OP?
I'm no arry or Rog, but I'm willing to assume insurers go for the easiest decision to reach each time, blame on both sides.
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Ste
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PostPosted: 20:46 - 22 Nov 2016    Post subject: Reply with quote

A helmet cam might be the answer you're looking for that would allow you to resolve the situation with one phone call or it might just raise more questions than it answers. Wink

If the bump was enough to wreck your headlight and indicator then there'll be damage to at least one panel on the car which will cost more than your headlight and indicator will to fix.

The driver shouldn't have turned right after indicating left and without checking their mirrors and blindspot whilst arguably you should have been more careful when overtaking next to a junction. 50:50 at best which means you get half of what it costs to fix your headlight and indicator whilst she'll get half of what it costs to replace and respray the bodywork and half of her personal injury claim.

With the clampdown on whiplash claims approaching, what better time for the driver to make a whiplash claim against a nasty motorcyclist who apparently failed his test earlier that day?
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linuxyeti
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PostPosted: 20:50 - 22 Nov 2016    Post subject: Reply with quote

Yes, a helmet cam it helps ...

https://www.youtube.com/watch?v=3zC_kbiRKTI&t=0s
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Pjay
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PostPosted: 22:08 - 22 Nov 2016    Post subject: Reply with quote

linuxyeti wrote:

Shocked
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M.C
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PostPosted: 22:23 - 22 Nov 2016    Post subject: Reply with quote

Commuter_Tim wrote:
Here's the thing, how sure are you that even video footage of such a collision would result in a decision of complete non-fault for OP?
I'm no arry or Rog, but I'm willing to assume insurers go for the easiest decision to reach each time, blame on both sides.

It would (hopefully) prove his version of events. Indicating left so overtook sounds better than overtook innocent motorist, who remembers indicating right and checking their mirrors.
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