crash with car.....oh shit.

[steppen22]

thanks.
____________________
no regrets, no retreat, no apology.
I've made mistakes in the past, and I apologise for FUCK ALL.

[instigator]

I, myself, am of the opinion that you were overtaking past a junction therefore it is your fault 100%. Others may interpret it differently but I, myself, would admit fault to the insurance company. It adopts the old "Treat others the way you wish to be treated" approach.

Take it on the chin and learn from it.

An expensive mistake, we all make them.

[steppen22]

[MarJay]

[Feasty]

Whilst it isn't technically a junction, I believe it would still be classed as such by the insurers in that you still treat driving past a garage in the same way, i.e no overtaking.

My personal view of this is that you should never try to overtake when there's a chance of someone turning, indication or no indication - that includes junctions, driveways, garages, car parks, etc...

Sorry to hear about the accident though, never nice to learn that another rider has had a bad experience.
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).

[ms51ves3]

[Kris]

I think there are a few points here that would indicate to me a possible 50/50 outcome. For the record I'm no solicitor and I would strongly get one on the case if I was you; your insurance company will not be working with your best interests at heart.

You overtook in a daft place. He didn't indicate, nor did he look before turning.

To me it's not straightforward. Definately get some legal help before admitting any fault. If found 100% liable your insurance premiums next year might be a tad salty.

I've used www.sorrymate.com before.
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NSR125RR - ZXR750H1 - ZX9R E1 - GSF600S - GSF600SK3 - VFR400-NC30 - SV1000N - ST1100-R - CBR900RR-R - GSF1200SK5 - GSF600SK1 - VFR1200FA - GSXR1000K2 - ZZR1400 D8F
www.prisonplanet.com

[map]

Similar thing happened to me once when I was in the car.
Turning right, done all the checks, had indicator going, started to turn and then some twat on a ZX6R decided he'd been waiting long enough at the level crossing down the road and wanted past everything.

Actually caught the back end of my car.

In the end the insurance was settled 50/50 despite my argument that, as said, overtaking at junction, not following highway code, etc.

Guess at least you've lived to be able to learn from this. Bikes can be repaired/replaced, people can't.


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...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?

[arry]

[dicko]

I can only speak from a similair experience of my own but almost the same thing. Female driver in a car in front of me pulled into towards the left hand side of the road coming up to 2 minor roads on either side. I went for the overtake and she indicate at the last minute and turned right in front of me. Minor contact resuting in me bouncing onto the road and hurting my back.

She tried to claim £1600 from my insurance for the minor scraping to her car. My lawyer said "sod that" and got £800 compensation out of her insurance for the injury to my back. Its always good to speak to a solicitor and fight it if you can.

The fact that the first thing she said was "SMIDSY" and that she didnt indiate put her at fault.
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Honestly officer I didnt do it !!!
Current Bike CBR900RR2 FIREBLADE

[Wozza]

Have you already contacted your insurance? Has the car driver already contacted his? If you both haven't, it might be worth trying to avoid it.

[Mr Hammers]

To be honest, I'd say that his lack of indication is a lesser crime than you overtaking in a potentially dangerous situation. If he had indicated, it probably would not have happened, but if you hadn't tried overtaking in a place (especially where he had the opportunity to turn right) then you definitely wouldn't have hit him.

That said, I've done the same sort of silly thing on plenty of occasions, but luckily have always gotten away with it, so I won't get all holier than thou on yer arse about it.

Hope it all works out for you in the best way it can anyway, if your lucky 50/50, and do feel for you... even if it was mostly your fault

Good luck.
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A Guide To Powerbands

[lnewland]

in my opinion if he was still moving at the time and beit at a slow speed that wuld have been an indication to me that he was about to manouver. sorry to say it mate but i think it will come back to you
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Cg125 stolen and returned trashed
Cb500
Yamaha R6

[Rob]

I've been in a similar situation and the outcome for me was that the even though the driver was turning, it was still his responsibility to check his mirrors before committing to the manouver so it was ruled 100% in my favour and his insurance paid up.

If there are witnesses to say he wasn't indicating you have a lot more in your favour!

Really sorry to hear that though as you always feel crap afterwards thinking 'what if'

The only thing to keep your mind on is that once you do get it all sorted and are back on the bike it will all seem like a distant memory, even though it doesn't feel like it at the moment!

At least you are still around to tell the tale! Thats the important thing... bike can be replace... for better ones!!
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Love is 1050cc

[Fawbish]

I think common sense would dictate for most people not to overtake

a) When theres a possibility of turning right

b)When a car has slowed down before that right turn


Him not indicating barely matters when he has slowed, in the middle of the road, just before a turn. And if you had time to go upto, and over take in that time frame, then you should get ready to bite the pillow.
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"Oh....it looks like Average Joe's is forfeiting the match!" - "Yeah, its a risky strategy but lets see if it pays off for 'em Cotton."

[Catalyst]

Exact same thing happened to me except it was a junction not a garage turning. I was filtering and she didn't indicate or check her mirrors but went 100% AGAINST me because in the eyes of insurers filtering is overtaking . No matter how hard i tried they just wouldn't listen and accept the fact that it's legal to filter, lost my NCB and now have to sell my bike next week as i can't afford the renewal.

Make sure you keep hassling your insurance company and reminding them that he didn't inidcate or check his mirrors.

Could go either way, hopefully you have a better outcome than me
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|--Previous--|:2007 Aprilia SX50...--Current--|: 2007 Kawasaki ER-6N
SlimRick - I can cook really well - but it's a useless skill, as I'm not a woman and it's their fucking job!

[Rob]

[twostroketit]

I know it's a long shot, but are there security cameras at the garage driver was turning into? One of these might have picked up the accident, if you're lucky.I see more and more people driving without indicators now, some times you have just got to guess what they are doing You need a sixth sense really. Never mind as long as they arn't speeding 'cos that would be dangerous.
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sup up your beer and collect your fags

[damz]

sorry for a bit off topic but what happens if you decide to overtake a vehicle that then decideds to overtake another vehicle without indicating or looking?

a few weeks ago there was an oap doing 30mph on nsl and i went to overtake on a long straight, indicated, sat on oposite side of road so big truck infront could see me then accelerated then he started to pull intowards me as i was going past, luckily i managed to slow down and pull back in behind him. he also had to pull back in as he was too slow to overtake and a bend was coming up.


lets say he did knock me off the bike, who would be liable? is overtaking two vehicles at once illegal? he gave no indication whatsoever and did not look in his mirros as he started to overtake.
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Current Bikes RVF400 - 94
Cars: RX7 FD, Eunos Roadster
Former Bikes: FZR 250R 89, ZX7R 98

[Feasty]

That's one really bad habit I sometimes have, forgetting to check behind me when overtaking. I then check as I'm overtaking or after I've pulled back in before kicking myself for forgetting...

Thankfully on a bike it's extremely unlikely anyone will be trying to overtake me whilst I'm overtaking as I tend to put myself in a position that tells others what I'm planning on doing. i.e Near the centre of the road with my head hanging round the slow driver in front! Not good though...
____________________
Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).

[sagalout]

There was a case similar to this on another forum recently. Only difference was the driver hadn't actually stopped in the middle of the road, but just turned into his drive without indication whilst a bike was overtaking. In that case the insurance deemed the car driver 100% to blame.

I can't see you being blamed 100% if he didn't indicate. A driveway does not count as a junction. I'd say its 50/50, or maybe even 75/25 in the bike riders favour.
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Current Bike: Triumph Speed Triple T309
Previous: CBR600F => ZX9R => Triumph Tiger => Honda Blackbird => GSXR 750 => Versys =>ZX12R

[arry]

[arry]

[steppen22]

what are my options with third party fire and theft?

A solictor firm seem to have become involved, and I don't know if I want thuis - looks like more expense.

What is "available" to me in terms of third party fre and theft?
____________________
no regrets, no retreat, no apology.
I've made mistakes in the past, and I apologise for FUCK ALL.

[Wozza]

Why don't you contact one of those independant solicitors, supposed to be better than whoever your insurance company offer. One posted on here a while ago, CompenClaim or something I think.