Come off. Car heading towards me the wrong way on a one way

[leiba1]

I've just come off my bike after turning into a one-way road and seeing a car heading towards me coming the wrong way. Although we didn't collide, I was turning on a wet road, (only doing about 10mph) took evasive action and the back wheel came out from under me. Down I went. I thought I was just bruised and battered but I've got home and found it's a bit worse than that and I'm going to have to head up to the hospital for some stitches. What's the legal position given that we didn't actually touch?

[Gazdaman]

I think it's your fault, and he's not liable for the damage to your bike, or your injuries, even though he was clearly in the wrong.

Could still be a police matter though, due care etc, did you get the reg plate?

Gaz

[Jazz_UK]

If you could expand on what happened I may be able to give some more input. Did police attend, did you take photos, were there witnesses that you have contact details etc

I had a similar non-contact accident, where a car pulled out from a car park, turning right but was not able to due to queued traffic and therefore stopped across my path. I braked and went down with the bike but did not hit her car.

Luckily the police attended the scene and got 4 witnesses that said she done this and they charged her for driving with undue care.

My insurance company are now in the process of getting a statement from the police officer who attended and fully expects the other insurance company to accept liability for my repairs and more importantly damage to my helmet etc, which my insurance does not cover.

Jazz

[minesweeper]

[Trixie]

It should be a Police matter if the stupid driver was driving the wrong way down a 1-way street.
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Dead nobodies in company cars...

[leiba1]

I was turning into the one-way road, a blind corner, and came face to face with this spanish woman, (spanish reg car) heading straight at me. I was still in the process of turning when I saw her, braked, and the back came out from under me. Wet road, manhole cover etc. I've had three stitches in my elbow. (Squashed my baccy tin too!) I've got her details, and as it was close to home I bet I can find witnesses too.
I was only going slow as I knew about the manhole cover but I wasn't expecting to have to brake as I hit it.

[T.C]

You do not have to make contact for someone to be held liable.

The law states "That if owing to the prescence of a motor vehicle on a road, injury or damage is caused to a third party.

Due to the prescence of this vehicle, injury and damage was caused which makes it firstly reportable, and secondly the other driver is required to comply with the requirements of the law after an accident.

In terms of liability, no problem. You should have no difficulty in establishing 100% liability against the other driver.

I have just finished dealing with an identical crash but in good weather rather than bad, 100% against the car driver.

Very simple case to litigate
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[st3v3]

Well,... Unlucky, have you gone to the police? They have also left the scene of an accident. Hope this goes ok for you .
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Roger wrote: Women don't get damp for clingy puppies. Get some better happy pills, hit the gym & buy a medallion the size of a dinner plate. Job done

[Chriss]

Hi, easy, he created the situation of emergency, so he is liable.
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TheShaggyDA: I've got 3 or 4 pairs that predate my wife, so at least 11.5 years old.

[strag]

Legal situation is easy, she was traveling the WRONG way in a one way street, her fault entirely. The hard bit is getting her to admit it, check if there are any CCTV cameras.
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carbon bling

[69.9mph]

[strag]

[leiba1]

I'm hoping the majority of you are right. Her actions caused my accident. I really didn't like their attitude either, they came over, stood looking down at me and asked "Are you all right?" Well, yes. I always like spending my time laying on a wet road with a bike on my foot. It wasn't until I was able to get up that the excuses started. "We're new to the area". (She had an English boyfriend with her) And "We didn't notice it was a No Entry road". I'm sorry, but I think that if you drive in this country, no matter where you are from, you note and take heed of the rules of the road. In this case it was two large red and white signs which I believe are fairly universal as to their meaning in Europe. That could have been anybody in that road. A lot of people (I'm thinking pedestrians here) have the habit of only looking towards the way the trafficJ should be coming from and could get caught out by drivers like her.
I've got her details but could she avoid any penalties, (insurance, prosecution etc) because she's Spanish and her car has Spaninsh number plates?

[T.C]

If you experience difficullties, PM me.

I love cases like this and it is what I do after all
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[leiba1]

Thanks T.C. I'm at the moment filling in the police accident form. Whilst I didn't get any witnesses at the time, the road I live in, (and the road I turned out of) is a busy pedestrian commuter route to the station 5 minutes away and at 8.15am It was quite busy. I bet if I was to walk up there on Monday at that same time I'd find a few witnesses. But it seems I have to get this police form in withing 24 hours so I won't be able to give any witnesses names etc.
Checking out her and his address and they could have walked to the station themselves. I estimate 8 mins away. She did say she was dropping him off at the station and I got the distinct impression this was a regular occurance, probably including this recklass bit of driving each time.

[Ork12]

Sounds naff, glad you're ok!