Accident - car pulled into the side of me

OliField · Derestricted Danger Joined: 20 Mar 2005 Karma :

I was filtering past some slow moving cars on my left (normal road normal lines)

A girl who was too busy looking the other way pulled into the side of me on the left when she was attempting to join the traffic going the opposite way. she was pulling out of a driveway to between 2 cars i was passing.

I braked virtually to a stop but she didnt see me and just drove into me, hitting my left side with the right front of her bumper.

Can anyone advise what the chances are of me being able to claim on her insurance?

If i cant i'm never passing a car again and going to sit in traffic coz i'm fed up. Crying or Very sad

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ZXR400 OWNER

EDBANGER · World Chat Champion Joined: 05 May 2005 Karma :

If she drove into you then it should be totally her fault and entirely on her insurance! Just make sure your injured aswell though for a bit more compo Wink

lap_time · Renault 5 Driver Joined: 19 May 2005 Karma :

I think that as it was just a driveway and not a proper junction then it's her fault and you can claim (but don't quote me on that). Filtering/overtaking is not illegal, but some law states that overtaking at a junction is a no-no...
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One post Gordons - just here to sell.

paulthewitt · World Chat Champion Joined: 17 May 2004 Karma :

in theory its her fault. you *should* be able to claim off her. however, witnesses normally blame the biker in this scenario (how i do not know) so can become shakey.

Paul

OliField · Derestricted Danger Joined: 20 Mar 2005 Karma :

i have a witness and he heard her say she didnt see me at all, i do hope he is in my favour.
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ZXR400 OWNER

Kram · World Chat Champion Joined: 20 Oct 2004 Karma :

just remember... when you hit the floor, your shoulder hit the ground before your head, whipping your head to bounce on the floor... causing whiplash
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FS1E -> SR125 -> CB400N -> CB650 -> FZR600 Genises -> VFR400 NC21 -> CBR900RR Fireblade -> Renault Clio 1.4

silent · Scooby Slapper Joined: 10 Apr 2004 Karma :

stop encouraging false injury claims...its pratts that claim for no reason that puit insurance up for the rest of us.....

only claim if you have good reason to!

andy

Vespa · Traffic Copper Joined: 12 Feb 2005 Karma :

OliField · Derestricted Danger Joined: 20 Mar 2005 Karma :

Ok, i have done my investigation and at the end of the day if i claim and it goes part-liability then i lose big time, no claims, excess ect.......I reckon its not worth me making the claim.

I spoke to the witness and he was very nice but he was only willing to say no-one was to blame as i dont think he wanted to get involved and say she wasn't looking at all. Who knows maybe he didnt even see her not looking.

A word of advice, NEVER do Third Party Fire and Theft.

If you do it seems no one is interested unless you die or get hurt.
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ZXR400 OWNER