advice on crash responsibility

[richfzs]

Finally got chance to ask the guy at work - his claim went 50/50 :-(

Fingers crossed you do better than that!

[AndyL]

Thanks for checking


I'm quite prepared to take it to court if my insurance company are. I've spoken to a few people who have all agreed what she's claiming doesn't add up plus her partner told me they had a witness which they've never offered.

[AndyL]

Just a quick updated (or rather lack there of) regarding this.


Both sides are still pushing 100% on the other side with no movement. I have been told that her car has been repaired with the their insurance company coughing up £349.40 towards the cost which they want back from me.


I've said I'm willing to go to court as I (possibly naively) believe that I can argue that had I been moving I would have fallen off.


Given the fairly low cost involved I'm expecting to pay any costs to avoid loosing no claims


Any advice on what I should do?

[Lawrence]

Can't really offer any help, but have just read all this and from the sounds of things it's 100% their fault for driving over a give way line into moving traffic.  Hope you get it all sorted 

[AndyL]

I don't know if there's anything to be gained by calling the driver. Given the lies they made up at the start I'm inclined not to.


They guy I spoke to today didn't sound hopeful of a 100% but did give me the impression the split shouldn't be 50/50 as I was on the main road.

[midden]

Iknow I've already mentioned this But worth adding to your argument the driver coming from the side road should be treating the offside of the car stopping for him as the new give way line and before committing to pull out from this new line should check way is clear both left and right.  Would it be your fault had you been coming from the left.

[AndyL]

I think I made that argument.


my side did sound a bit more keen when I mentioned there's a level crossing at the bottom of the road and I can turn off before that. This seemed to add weight to my point that I didn't go around a car that stopped to let someone out at a junction (as they were suggesting) but going past a line of already stationary traffic.

[snapper]

I think there hoping youll b ack down as if you lose you most likely have to pay for there costs as well ( check this)  at least £175.00 an hour
is you insurance going to cover this ? I am amazed at this ! to me its clear cut 100% their fault

[AndyL]

I've been told the sticky bit is that they are claiming I was overtaking at a junction.


As I haven't repaired by SR yet I'm not even sure I have a claim against them, this just seems to be for their damage.

[cfoley]

Given the fairly low cost involved I'm expecting to pay any costs to avoid loosing no claims

No claims isn't all that. Go on one of the comparison sites and fill it in with the claim. Try with and without NCB and see what difference it makes.

[Fazafou]

I am amazed at this ! to me its clear cut 100% their fault

Just playing devil's advocaat, but there's probably a car forum somewhere saying its 100% the bikes fault for riding into them.

The problem is its your word against there's, and taking this to court would require some evidence to sway in your favour. Without any it comes down to who can afford the better legal team unfortunately.

Don't wish to sound negative, just be realistic in how the incident is viewed by those who weren't there.

This is a good example of why I now always ride with a helmet camera on. Might look a tad daft but any incidents like this and you have your proof.

Hope it goes ok for you though.

[snapper]

it comes down to who can afford the better legal team unfortunately

as much as it pains me I do feel your right

[AndyL]

it comes down to who can afford the better legal team unfortunately

as much as it pains me I do feel your right

I think you will be right, or if not which legal team would back down first. I don't think my side would take it to court though.


with the 125 I'm planning to keep for bad knee days/heavy traffic it doesn't seem to matter. It added £100 for the fazer and silly amounts for car policies that are bothered by bike claims.


when I contacted the police to see if I needed to report it the lady mentioned there'd been cases where people had thought they'd been let out then have someone crash into them as a scam which has put recent emphasis on it being the responsibility of the car emerging to ensure it's safe.


If it did go to court I think it would be easy to get an anti biker person who sees it as a bike overtaking at a junction or someone who believes I would have come off had I been moving and the damage is inconsistent with their story. Clearly someone at the insurance company reviewed the detailed and changed from saying 50/50 to 100% in my favor (and said the trend is getting better for bikers in such cases )

[Fazerider]

I had a similar incident about ten years back... passing a stationary queue of traffic, a car stopped to let a car out from a side turning on the right, I slowed right down and when I was alongside the car at the front decided the driver of the car in the side turning wasn't about to emerge since she'd had ample time to a) see me and b) start her manoeuvre. At which point she accelerated out across the road.
We came to a halt simultaneously, with my radiator wrecked by her front wing. >:
Despite having priority and being on my side of the road I gave up on claiming it was entirely her fault since I had been overtaking at a junction and had no witnesses. So in the end it went 50:50.
Oddly, she claimed I'd been overtaking up the inside (in the cycle lane)... I never figured out whether she concocted that story as an excuse as to why she couldn't see me, or if she genuinely thought that was what had happened. :rolleyes

[AndyL]

Had I not come to a complete stop with my foot down I'd have taken 50/50
Even had they not lied to me when I called them I'd have just suggested we live with cosmetic damage and bought a second hand disc.


If they had offered 70/30 on the basis that I may not have stopped in line with the car that had left the gap I'd have accepted this but that's not on the table and I'm unwilling to suggest that as it may be seen as me cracking first.


On the bright side it encouraged me to post here and I've learnt a lot, not just in this thread but about biking in general and the lovely FZS600

[Fazerider]

It sounds as though you have a more solid case than I did (and perhaps I should have stuck to my guns and taken mine further)... so good luck, I hope it is resolved in your favour.

[Punkstig]

Don't forget that solicitors are instructed by you!
They can advise what they believe will be the outcome based on previous cases going to court, they may advise you that you might lose by taking it to court-
However, it is still your choice on how to proceed, they are instructed by you and you alone!

[AndyL]

Got an update today.


I came home and found a letter 70:30 in my favor. I'm a bit annoyed about not been given a choice.


Given the bike is worth so little repairing this with new parts would in all likelihood write it off (got a quote for £140 for the disc plus VAT plus pads and an hours labor). The plan is to use it as a cheap run around. Second hand disc plus new pads will be about £60


It's a rusty SR125 with about 28,000 on the clock.

[midden]

That's good news, isn't it? how do you mean you didn't get a choice?

[AndyL]

sorry I meant choice of accepting this as I rejected the 50:50 suggestion.