Crashed, Whose fault?

dicko · Renault 5 Driver Joined: 05 Jan 2006 Karma :

Ill keep this short and sweet. Yesterday Im coming down the road 2 cars in front. Front car slows down and is positioned in the left of the lane. I manoeuver around the second car and into the middle of the road to go past both as i think the front car is turning left.

As i get level with her rear bumper she flicks the right indicator on and pulls out straight away. We scuffed off each other with me and my bike ending up on the road in a heap. very minor damage to my bike however her car will need a respray on the door and a dent in her wing sorted.

She states the classic line "I didnt see you !!"
Never heard of MIRROR, SIGNAL, manoeuver Question

So, how is the insurance companies going to sort this one ??
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Honestly officer I didnt do it !!!
Current Bike CBR900RR2 FIREBLADE

murphyD · Scooby Slapper Joined: 19 May 2006 Karma :

She should go to Spec Savers & you should get louder pipes Laughing

No seriously ,I think it's her fault for not checking her mirrors. Hope you're ok...
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..... · Quote Me Happy Joined: 15 Jan 2005 Karma :

Was she signalling left originally when you went to overtake? Were there any witnesses?

dicko · Renault 5 Driver Joined: 05 Jan 2006 Karma :

Im fine, apart from putting my back out lifting the bastarding bike back up. d'oh !!!

No witnesses, the other car stopped. made sure i was ok then buggered off. She wasnt indicating to go left but her positioning in the road was enough to tell me she was going to go left.
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Honestly officer I didnt do it !!!
Current Bike CBR900RR2 FIREBLADE

minesweeper · Whoah there! Joined: 03 Feb 2002 Karma :

Overtaking stationary vehicles stopped in the centre of the road it could be argued its your fault for not proceeding slowly. (im not on her side but stating what it could turn out as)

Matt
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dicko · Renault 5 Driver Joined: 05 Jan 2006 Karma :

Yep, i know where your coming from. It was so quick when she turned i barely had time to get the brakes on. To be honest i was going slow enough that when we did hit it was more a dunt than a smash. Embarassed

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Honestly officer I didnt do it !!!
Current Bike CBR900RR2 FIREBLADE

..... · Quote Me Happy Joined: 15 Jan 2005 Karma :

Mr.Everready · World Chat Champion Joined: 28 Mar 2003 Karma :

Was there not a thread nearly the same as this a week or two ago ? Confused

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ginguar · Traffic Copper Joined: 19 Feb 2005 Karma :

Could you do one of those c**p paint pictures to make it clear what happened?

Born2bVile · Spanner Monkey Joined: 12 Jul 2004 Karma :

Was it safe to overtake in the first place (irrespective of the actual outcome)?

Was your speed excessive (ie over the speed limit) as you overtook?

Providing it was safe to overtake her, and you were not speeding, then the accident is 100% her fault.

You were in the middle of a legal and safe manoeuvre when she started hers. The onus was on her to check that it was safe to do so.

And yes, this happened to me (except the traffic was stationery, until a car driver decided to go down the outside without checking that nobody else was already doing this).

Cheers,

Byrnie.
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Walloper · Super Spammer Joined: 24 Feb 2005 Karma :

If it's at a junction you're good as dead.
Police and courts take a dim view of overtakes at junctions. Sad

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dicko · Renault 5 Driver Joined: 05 Jan 2006 Karma :

The car was turning onto a minor road from a main road.
I have tried to attach a pic for you to look at.
I wasnt speeding as another car had just slowed earlier to turn into a parking space up the road and its near a school as well.

I think eventually it may just be her word against mine. and it will be a 50/50 split.
Does that affect my no claims bonus if i dont need to repair my bike ??
____________________
Honestly officer I didnt do it !!!
Current Bike CBR900RR2 FIREBLADE

Mr.Everready · World Chat Champion Joined: 28 Mar 2003 Karma :

I don't think you'll get 50/50.
You have no witnesses to state that the car wasn't indicating, just your word.

As I said on the other thread the same as this a few weeks ago, never ever overtake at a junction, bad things can happen.
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ncrn · World Chat Champion Joined: 24 May 2006 Karma :

if you dont make a claim you wont loose your no claims donus.

so if the bike isnt that bad, its probably cheaper just to pay for it yourself.

Mr.Everready · World Chat Champion Joined: 28 Mar 2003 Karma :

But the car is damaged, who's going to pay for that ?
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Finglonga · World Chat Champion Joined: 27 Jul 2004 Karma :

Sorry, but if it goes to court you WILL lose! As stated before you were overtaking on a junction, major or minor its still a junction and you will be found to be in the wrong. Crying or Very sad

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ncrn · World Chat Champion Joined: 24 May 2006 Karma :

ah yeh the car, if you claim to pay for the car then yeh that will drop your insurance, but as she said "i didnt see you" that is basically admitting she was driving carelessly, so i think you'll be ok.

Mr.Everready · World Chat Champion Joined: 28 Mar 2003 Karma :

Finglonga · World Chat Champion Joined: 27 Jul 2004 Karma :

yambabe · World Chat Champion Joined: 12 Jul 2004 Karma :

Even if you thought she was turning left you should've stayed back.

Cars turning left (especially at narrow junctions or sharp corners) will often swing out to the right to help them make the turn. Sounds like she did this the other way around.

Not a hope of better than 50/50 if you're lucky, and more likely to be judged as your fault.
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Stu_666 · Brolly Dolly Joined: 27 Jun 2004 Karma :

Dicko, you've been a dick Thumbs Up

Nah, just kidding mate Laughing

, can only agree with the fine advice given above that this would probably be your fault. I can't seem to see the normal child's sketch which usually accompanies these threads, but it would be seen that you overtook at a junction.

Even if a car driver did use an indicator, I'd still tread carefully in any situation as you never know what the dosy f*ckers might do instead.

Was there much damage to your bike?

squid36 · Spanner Monkey Joined: 19 Sep 2005 Karma :

as for her saying "i didnt see you !" her insurance company will tell her to say she said nothing of the sorts , unless you`ve got written confession to back this up its all just hot air and as its been said before you were overtaking on a junction !!! BIG no no ,
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Huambo81a · Brolly Dolly Joined: 16 Apr 2005 Karma :

did overtake both cars at a Junction?
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curryfishball · Nova Slayer Joined: 11 Dec 2005 Karma :

this type of accident is very common apparently. the exact same thing happened to me in nov, still in the process of claiming, but it was ruled 50/50.

this is how the court ruled it
50 the drivers fault for not driving with due caution

50 my fault for over taking and not considering there was a junction

but i still do not think its my fault at all. the law in this country is just screwed up
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Walker · Renault 5 Driver Joined: 15 Jan 2005 Karma :

Come on, everyone knows that you're not supposed to overtake at a junction, even though most people do. You've just gotta bend over and take whatevers coming if you get caught (or something catches you).

I had exactly the same thing happen to me, confused a car pulling into the left as letting me overtake rather than just taking a very wide entry into the corner, the thing clipped the ankle of my boot as i went past, god knows how it didnt knock me off.