Who would be in the wrong in this situation?

[ColdInsomnia]

This hasn't happened to me, or anyone I know, but it's something I was thinking about and it got me wondering what would happen.

Say you're driving down the street. On your left, a van pulls out directly in front of you. A few things can happen:

1. You slam on the brakes, stop, give the van driver the finger and carry on. Nothing complicated there.

2. You slam on the brakes, lock the wheel and lose the bike from underneath you and hit the van, causing damage. Who would the insurer's favour?

3. You slam on the brakes, lock the wheel and lose the bike from underneath you, causing damage to yourself and the bike but making no contact with the van. Is the van driver liable at all?

4. You swerve to avoid them, head into oncoming traffic (Hey let's say you panicked) and hit a car. Is the van driver liable at all or is it just a matter between the oncoming car and the biker - and who would be at fault?



Just some hypotheticals I was wondering about
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Yamaha YB100 | Yamaha TZR125 | Yamaha XJ600S | Suzuki GSF600
"Our society is run by insane people for insane objectives. I think we're being run by maniacs for maniacal ends and I think I'm liable to be put away as insane for expressing that. That's what's insane about it."
John Lennon

[TheDonUK]

As per 4 i have experience of, A minicab driver pulled out from the left sideroad, so fast i had to swerve right and hit the front of an oncoming mpv, Lucklily i slid the bike and walked away...

This was in november last year still not a sniff of any money, however the mpv i hit's insurance is claiming of the minicab's "insurance" as am i, because aparently the police checked for insurance, but he refuses to name his insurers now, so im living poor because i have 1.4k worth of bike collecting dust...

The law firm appointed to do my case dont seem to be doing much, they filed a investigation with the MIB, and said it could take a while....

[ColdInsomnia]

Damn, that really sucks Don, really hope that you get it sorted out
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Yamaha YB100 | Yamaha TZR125 | Yamaha XJ600S | Suzuki GSF600
"Our society is run by insane people for insane objectives. I think we're being run by maniacs for maniacal ends and I think I'm liable to be put away as insane for expressing that. That's what's insane about it."
John Lennon

[DEN MONKEY]

Good questions these ones. Ive been very curious myself if someone causes you to come of but yo make no contact with said vehicle.

Anyone with a success story in this scenario ?
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meh

[Itchy]

Having done 1 and 3

#1 no liability

#2 poss 100% his fault but his scum bag lawyer will change it to a 75-25 citing speeding (even if you were not) lights , etc


#3 no liability , you didn't hit them they didn't hit you , insurance can prove nothing, police won't be interested , you can claim on YOUR insurance if you want

#4 your fault since you should have chosen option 1 or 3,

I asked a cop this he said these.
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[paulus]

Having read your message I would like to point out that in all instances apart from the first one it would appear that the van driver would be at fault and therefore you would be entitled to make a claim against the van driver. In the 3rd instant witnesses would be of great help along with police report and full details of the Van itself. In this type of case Police must be contacted immediately from the scene, and if you have suffered any injuries however mild they must make a record of the incident and give you an incident number. I say this from experience.

I work for www.sorrymate.com and we handle many bike claims from diesel spills to straight forward hit from behind. We have even dealt with incidents similar to the ones you mention above.

[TheDonUK]

Actually all the insuraers agree it was the minicabs fault in my case, its just tracking this fucker down...

[TheDonUK]

I posted a "claim" on your page paulus.