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2Nd Lexus, 2Nd New Front End.....


richardm6994

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Glad you're ok though. It looks like you did the wise move of taking photographic evidence.

 

I hope the biker was ok too though. As I know from experience, the biker usually comes off worse with injuries.

 

As Nick says, it's only a piece of metal and you are still with us. :)

 

Simon.

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Richard, at least you and the family are safe (that's more important than the car).

You must be gutted at the moment, but over time you will thank your lucky stars and the insurance company ;)

 

As for the stupid biker, let's hope they have learn't a valuable lesson in road safety for themselves and others (crap, I sound like a copper).

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Thanks for the support :)

 

The biker was alright and walked away from it.

 

It was caught on camera and watching it back I'm not sure how the blame splits...I'd be interested in what other people think;

https://www.dropbox.com/s/tscque1u7bihixl/30th%20Sept%202014.avi?dl=0

Edited by steamer
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Guest Ian & Carole

Bike at fault overtaking on a junction, car driver given a space to "proceed with caution" clearly was and bike over taking a row of stationary cars at a junction.

 

"due care and attention" on the bikers shoulders fair and square.

 

Just my take on it as an "ex biker"

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We have just watched the footage in the office and it's very split opinion on the insurance claim. But most of say drivers fault for pulling out without checking for oncoming traffic. But others argue that the biker should have been more cautious when overtaking stationary traffic at a junction.

 

We think this maybe a neutral insurance claim, but the footage may work to the drivers advantage due to the biker's lack of attention to the road. His height would have given him the advantage to see the junction and the car attempting to pull out, but has no intention of slowing down. where-as Richard would have checked for traffic both ways (all clear) then pulled out without any chance of seeing the biker until last minute (bang).

 

A very grey area and we all agree that the driver is hard done by, but the fact that the biker is overtaking stationary traffic, on a junction, on wrong side of road, against on-coming traffic needs to be addressed by the police. :nea:

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Guest Ian & Carole

Highway code rule 167 states..............

 

 

167

DO NOT overtake where you might come into conflict with other road users. For example

 

  • approaching or at a road junction on either side of the road
  • where the road narrows
  • when approaching a school crossing patrol
  • between the kerb and a bus or tram when it is at a stop
  • where traffic is queuing at junctions or road works
  • when you would force another road user to swerve or slow down
  • at a level crossing
  • when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
  • stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
  • when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic.

Edited by Ian & Carole
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The guy running across in the hi-vis vest just after the accident is a cark-park attendant (our cark-park is used for foot-ball parking being right opposite Derby's stadium).......he saw the whole thing and he said it's a difficult one to call....so I'm not suprised opinions are divided....

 

The way events unfolded for me was that the a car in the slow moving traffic stopped to create a gap for me to pull out.

 

I was primarily checking traffic coming from the left and when a gap appeared, I looked right to the direction I was traveling...took my foot off the brake (car started moving instantly as automatic) and the first moment that I could phyiscally see the biker was when he'd drew level with the driver's door of the car who'd let me out.....but by that point it was too late to avoid collision.

 

I was looking in the direction that the bike was coming from when it happened....so I know I saw the biker at the earliest opertunity but he was travelling to fast to allow any kind of reaction to have effect.....If he'd of been going slower then he would of definatley missed me.

Edited by steamer
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What-ever the decision of the insurance companies it's likely your no claims discount will be gone, Richard. That and the loss of a smart motor will cost you dear. A great shame, because as said by others; looks like a 50/50.

 

How often do we drive at a speed that allows for every cat/dog/m'bike/car to be avoided; you couldn't see the bike & he couldn't stop/swerve in time to avoid you --- doesn't look like he was travelling faster than limit.

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Biker 100% at fault from my perspective. He passes a line of slow moving traffic by riding on (or to the right of) the white line so he's effectively in the opposite lane and there's still cars coming in the opposite direction!!

 

He should have anticipated that a car or pedestrian might have crossed into his path from the left but obviously didn't. If he'd been in a car, he'd clearly have been in the wrong so why should being on a bike be any different? As usual it's an impatient biker who thinks the highway code doesn't apply to them.

 

CMA's link is intersting - written by layers who will go to court, argue the case against other layers, agree that it's a draw and then both get paid by the insurance companies.

 

I think the only thing you might have done wrong was to reverse immediately after the collision. I'd have stepped on the gas and run the tw@t over to make sure. (obviously I'm joking here - if the biker normally rides like this, it's only a matter of time before he has a more serious crash).

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