Help please

[Clarkey231]

So where the hell does 50/50 come from? The witness?

Do not admit any liability even any degree of contrib! The car driver (based on what you have said) is totally at fault.

It might be argued that you should have been capable of stopping in the distance you can see to be clear, but.... At slow speed when negotiating junctions and hazards, the car driver has a statutory duty of care to ensure that he tracks an even path and does not wonder across the carriageway and he also has a duty of care to ensure that it is safe to actually change any position in the road.

Not Guilty M'Lud....

Yes that’s my fear that basically I should have hung back, ridden defensively and not maintained my speed or position?
plus with the photo card being expired it gives them wriggle room.

 

[Clarkey231]

Yes witness said 50/50

 

[Malone]

Yes witness said 50/50

The witness counts for nowt if they aren’t a trained observer.

 

[Cougar377]

Please accept my apologies, M'Lud, my client is negligent in so far as he rather carelessly did not have his crystal ball with him. Had he done so then he would have surely been able to foresee the eejit across the courtroom's stupid and dangerous manoeuvre and avoided it.

 

[Clarkey231]

The witness counts for nowt if they aren’t a trained observer.

Thanks. Good to get other opinions although I’m still unsure about claiming. I’ve gotta replace my lid which was new and cost 560. Jacket was old but still needs replacing.

 

[Clarkey231]

Please accept my apologies, M'Lud, my client is negligent in so far as he rather carelessly did not have his crystal ball with him. Had he done so then he would have surely been able to foresee the eejit across the courtroom's stupid and dangerous manoeuvre and avoid it.

 

[Clarkey231]

Please accept my apologies, M'Lud, my client is negligent in so far as he rather carelessly did not have his crystal ball with him. Had he done so then he would have surely been able to foresee the eejit across the courtroom's stupid and dangerous manoeuvre and avoid it.

Hahaha brilliant yes I see that point also. Just paranoid they’ll wriggle out and it’ll end up being my fault!

 

[Oldandbald]

The sad reality with this is that the insurance companies involved won't want a long and expensive claim so will likely agree to settle it on a knock for knock basis. In which case you will lose your no claims and pay your excess. Unless you can get a clear statement from your witness clearly attaching blame to the other party in which case you might have a chance.

 

[Clarkey231]

The sad reality with this is that the insurance companies involved won't want a long and expensive claim so will likely agree to settle it on a knock for knock basis. In which case you will lose your no claims and pay your excess. Unless you can get a clear statement from your witness clearly attaching blame to the other party in which case you might have a chance.

I spoke to him and he is saying that the bmw clearly could not be carrying on because he was pointed left so therefore it was unsafe of me me to carry on as he musta been about to change direction or hit the kerb. I see his point. That’s all the wriggle room required?

 

[Oldandbald]

TC is way better qualified to comment on this but my personal opinion is that I wouldn't want to be standing in front of the judge with my best witness telling him it was probably my fault.

 

[Cougar377]

A while ago our neighbours were rear ended in their car as they drove over a railway crossing. The car driver claimed that they braked suddenly and a pedestrian witness said the same.

Rear dashcam footage proved that they slowed slightly and that dopey in the car behind made no attempt to brake because he was looking down at something in the car.

The general consensus was that the witness said what he did because that's what the offending driver ranted about constantly the moment he got out of his car.

 

[Clarkey231]

A while ago our neighbours were rear ended in their car as they drove over a railway crossing. The car driver claimed that they braked suddenly and a pedestrian witness said the same.

Rear dashcam footage proved that they slowed slightly and that dopey in the car behind made no attempt to brake because he was looking down at something in the car.

The general consensus was that the witness said what he did because that's what the offending driver ranted about constantly the moment he got out of his car.

Thanks.

it was all calm after the accident, no ranting etc. An amazing bloke in a van was driving past, he offered to put bike in van and drive me and it home, he had ramp and wheel chock etc.

I’m off to work today, 4 weeks at sea, I’ve delayed the insurance company ref making a claim or not.
Thanks to all who’ve contributed, it really has calmed me ref the photo card etc. I will seek further advice I’m sure.

 

[andyBeaker]

Thanks.

it was all calm after the accident, no ranting etc. An amazing bloke in a van was driving past, he offered to put bike in van and drive me and it home, he had ramp and wheel chock etc.

I’m off to work today, 4 weeks at sea, I’ve delayed the insurance company ref making a claim or not.
Thanks to all who’ve contributed, it really has calmed me ref the photo card etc. I will seek further advice I’m sure.

Good stuff.

Main thing is you are OK.

 

[DEG5Y]

The events of the above is why I now have a front and rear 'dashcam' fitted to both my bikes, as it is probably the most reliable witness.

 

[Squag1]

The events of the above is why I now have a front and rear 'dashcam' fitted to both my bikes, as it is probably the most reliable witness.

If he suddenly did a u turn I don't see how you have any blame. He should have checked that there was nobody behind him.
Did he use indicator????

Him pulling left could be construed as giving you room to overtake but with great care.

 

[Clarkey231]

If he suddenly did a u turn I don't see how you have any blame. He should have checked that there was nobody behind him.
Did he use indicator????

Him pulling left could be construed as giving you room to overtake but with great care.

No he didn’t indicate whatsoever. Also didn’t clock me in his rear view mirror as we waited at light. But a defensive rider would have held back. Think that’s what’s bothering me most as I could have avoided him.

 

[andyBeaker]

No he didn’t indicate whatsoever. Also didn’t clock me in his rear view mirror as we waited at light. But a defensive rider would have held back. Think that’s what’s bothering me most as I could have avoided him.

I think your reaction is natural, and may or may not be valid.

I bet you are also thinking ‘if I had started my journey 30 seconds earlier/later’ it wouldn’t have happened.

Try not to dwell on the ‘ifs’!!

 

[Clarkey231]

I think your reaction is natural, and may or may not be valid.

I bet you are also thinking ‘if I had started my journey 30 seconds earlier/later’ it wouldn’t have happened.

Try not to dwell on the ‘ifs’!!

No I’ll try not to, thanks.

 

[Clarkey231]

Few pics

 

[Lee337]

From what I understand, irrespective of whether you were riding defensively or not, was it reasonable to assume the vehicle in front of you was going to make a U-turn?

As you've said, there was no indication to suggest the driver was intending to turn right and the vehicle moved over to the left. If there was no right turn for the vehicle to turn in to, how in hell were you supposed to reasonably anticipate the vehicle turning?