Jump to content

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


Recommended Posts

I would say not quite 50/50. The biker was going a bit too fast for the conditions and considering what he was doing, being a bit reckless. I can accept he has the right to pass if the road is clear enough for him to do so but he was doing it too fast for the situation he encountered. However I'm sure the biker will think he was 100% in the right.

 

Nigel

Link to post
Share on other sites
  • Replies 46
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

Ah, the keys words in this is "... you can't avoid a collision when travelling at a reasonable speed ..."   In other words, the biker could not stop in time because he was travelling at a speed high

I'm with Ian and others who say it is the biker at fault he is traveling far too fast for the traffic conditions at the time. I have shown the video to three others including a biker and all came to t

Again just personal opinion but i would say you were pulling out at nice sensible speed given the situation. The biker was traveling far too fast for the conditions. If the biker had been doing 10-15m

 

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

100% the bikers fault, he was cutting traffic and going fairly quick whilst doing it, friend of a friend did very similar on a bike and got a broken leg in 3 places along with prosecution for dangerous driving. The bike should not have been overtaking he should have also been aware of the junction and slowed as he approached the potential danger,it wasn't a dual carriageway so he shouldn't have been there at that speed.the biker is aplonker who is lucky to still be walking. Edited by DanE
  • Like 2
Link to post
Share on other sites

No way is it 50:50, as previously mentioned the biker ignored 2 points of the highway codes. I have no problem with him overtaking if he chooses to do so but then the onus is on him to do so slowly, safely and at his own risk. Although I bet Richard will still be out of pocket at the conclusion of this and 2 law firms will be better off and our insurance policies next time round will be that little bit more expensive!!!!

Link to post
Share on other sites

As someone who commutes across central London by bike everyday I would say it's probably 50/50. I know it is hard to see a bike coming, so I slow right down so I can stop! I am constantly surprised by the speed bikers pass stationary traffic!

I'm sure he'll hurt in the morning and may think twice about overtaking at speed.

Link to post
Share on other sites

Lets just say he was insured, and it wasn`t his fault...

How the hell were you ever going to get out of that side road?

Maybe wait until midnight when there are no cars about???

 

Andi

  • Like 1
Link to post
Share on other sites

At the risk of being controversial, I would take professional advise before contacting the police.

 

The road markings, in front of the car, in original picture, may cause some “complications”, and, as already mentioned, the rider may have been acting irresponsibly, strictly, he has right of way.

 

I speak with some authority, Had a similar issue years ago when an atric driver left space for me to turn across him into a side turning, also waived me across after checking his mirrors, whilst he waited in a line of traffic at lights, I did, a speeding transit coming up the inside of him took the nose of my car.

 

Who was to blame, well the Police decided it was me, as a short distance behind me there were road markings for two lanes of traffic, so the transit had the right to under take the artic into that lane, even though there were no markings at the point I was turning or in front of me. It was my fault for taking advice of another road user, it is a fail to do so on a driving test. I could not prove the other driver was speeding or driving incorrectly.

 

Agree with above, rider should not have been there, and deserves our wroth and whatever the law can throw at him. Just proceed with caution, what is right and just, is not always what is put in the law.

Link to post
Share on other sites

If the biker was not insured, there is no option BUT to go via the police. It is not acceptable to drive without insurance.

 

Also, the video demonstrates that you came out slowly taking careful observation of traffic. It's definitely the bikers fault for dangerous overtaking at a speed where he could not stop in time.

 

This should definitely go to court as uninsured drivers are doing so knowing it is illegal. You may not get full compensation immediately as the courts may impose "pay what you can weekly" type fine.

 

Sorry to hear about that, but if I were in your place, I'd be furious that he WASN'T insured.

 

With that video evidence in your favour, I would definitely argue that it was not your fault.

 

Simon.

  • Like 1
Link to post
Share on other sites

The comments on this topic have been really interesting.

 

The Lexus is a company car, on company insurance etc.....so the decisions being made are outside my control.

A quote to repair the damage comes in at £1500.

 

The bike belonged to the rider's Dad....and both father and son believed that the dad's insurance policy covered the son to ride it (there is a long and drawn-out explanation as to why they thought this and it seems believable)....then they were told that he wasn't insured....and then they were told he was insured.....but anyway, the dad is visiting work this afternoon with a cheque for the repair and our MD is drafting some paperwork to signed to confirm no come-back from either party at a later date.

 

Once the cheque is cleared, we'll send the car for repair without involving insurance. If the cheque doesn't clear, then we'll be sending off the insurance claim forms (we have 21-days to do this) and dealing with it that way.

 

I realise this resolution may raise a few eyebrows given the previous responses but it doesn't involve insurance, insurance excess (which is about £500), claims etc....and anyway it's out of my hands

Edited by steamer
Link to post
Share on other sites
I realise this resolution may raise a few eyebrows given the previous responses but it doesn't involve insurance, insurance excess (which is about £500), claims etc..
Slightly raised eyebrows here for different reasons. I would be worried that your insurer will not see it as not happening. They generally require a driver involved in a collision to report it to them, even if it's no fault and no claim, and to declare it whenever you apply for insurance for x number of years after the event. To not declare an accident when applying for insurance allows them to invalidate the insurance, etc. You could end up being viewed as having behaved improperly in their eyes in the future if you don't report it.

 

Nigel

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    No registered users viewing this page.


×
×
  • Create New...