100% Faultless?

[headlamp]

I was just thinking about my accident yesterday morning. To recap for those that missed my original thread, I was waiting for a gap in the traffic to join the North Circular Road in North London, when a woman in a Toyota hit me from behind, causing me to stall the bike, lose my balance and fall off.

Her excuse was she 'thought I was going'. I have done a search on apportioning blame for road traffic accidents without any success and have always thought that if someone hits you from behind it's their fault.....however, knowing how people try and weedle out of blame, the sly practices of insurance companies and the general disdain most people have towards motorcyclists just wondering if she or her insurance company can apportion any blame onto me.
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Using a mobile phone while driving a car should be made a capital offence!

[mchaggis]

Shouldn't think so. It was entirely her fault, you were stationary and she hit you. From what I can tell, you didn't do anything other than be attacked by a vehicle from behind.

She thought wrong.
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I must not be a troll...
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Discovering the delights of Hammerite and a 3/4" brush.

[EuropeanNC30R...]

Same thing happened to my Dad while I was in the car too. It's a classic mistake, 100% the person who rear-ended you's fault.

[0ni]

Same thing happened to my dad, sitting at traffic lights which just turned green. Problems with the fiats gearbox and he got arse ended by a white van.

100% blame on van driver, no contest, got a sore back payment as well.
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Its a lovely day, just wait until some bastard spoils it.

[map]

Yes, 100% the driver who hits from behind fault - that's what the insurance companies say.

Found out myself a good few years ago when behind a woman in a small Toyota. She made to move out, I saw her go and made to accelerate into a gap I could see coming up. However, she got scared or something and put on the brakes and I had nowhere else to go than into her. Apparently I should have anticipated what her actions may have been Learned from that and thankfully not paying for it anymore with the insurance NCB back up to max and protected

I expect the same to be said to the woman who hit you. She should have anticipated you wouldn't move/stop (delete as appropriate).
Only possible excuse I can think of straight away is if your brake light wasn't lit. Don't know if it matters (it shouldn't, wouldn't be lit if you were about to move obviously) but as you say insurance companies can be funny slippery buggers to deal with.

HTH
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[wantser]

yup, stationary, moving, what ever if you get hit from behind it is 99.9% going to turn out as their fault.

End of the day she should not move if the vehicles in front are not moving. "I thought you were going" is a feeeeble attempt to induce thoughts that it might be you at fault.

In other words she saw you crawl, pulled hoof off clutch and proceeded to check her hair or something without keeping her eyes fixed where they should be, IN FRONT.
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An expert is a person who has made all the mistakes that can be made in a very narrow field

[Kickstart]

Hi

Think that generally the only time it is your fault when you are rear ended is if you have pulled out of a junction in front of someone and they go into you.

All the best

Keith
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