cyclists turned right when i overtook

Aylesbury_Duck

kraken776 wrote: »

As i said i dont have to prove it.
if someone else wants to make a claim against my insurer THEY need evidence not me.

as for proof in this case

My car and the bike finished on the other side of the road.
The damage is on the front CORNER of my car and the front SIDE of the bike

The only way this could happen is if he turned into my path

If the damage had been clearly on the side of the bike (no frontal involvement) it would show that the bike turned into my path as well.

The only way the evidence would be against me is if the damage on the bike was on the back of it with no side involvement

Again, case solved. You're in the clear. Just tell your insurers about this "proof" you have.

Silver-Surfer_2

kraken776 wrote: »

As i said i dont have to prove it.
if someone else wants to make a claim against my insurer THEY need evidence not me.

as for proof in this case

My car and the bike finished on the other side of the road.
The damage is on the front CORNER of my car and the front SIDE of the bike

The only way this could happen is if he turned into my path

If the damage had been clearly on the side of the bike (no frontal involvement) it would show that the bike turned into my path as well.

The only way the evidence would be against me is if the damage on the bike was on the back of it with no side involvement

It shows as he was turning you hit him and therefore overtook him as he was turning.

But don't worry unless they're protected it's only two years no claims you'll lose.

kraken776

Silver-Surfer wrote: »

It shows as he was turning you hit him and therefore overtook him as he was turning.

But don't worry unless they're protected it's only two years no claims you'll lose.

As i explained before
I started to overtake while he was traveling straight.
It was only while i was overtaking that he turned.
He turned into my already established path

Silver-Surfer_2

kraken776 wrote: »

As i explained before
I started to overtake while he was traveling straight.
It was only while i was overtaking that he turned.
He turned into my already established path

If the damage were behind your front wheel the insurance company may fight this, as it is they'll pay out. It's not us you need to convince.

Joe_Horner

Aylesbury_Duck wrote: »

Not really. I travel up and down the A28 in Canterbury a lot. Can you discern my name and address from that information?

Ahh, but if you make a habit of driving the A28 with random cyclists stuck to your front bumper you'll be pretty easy to spot

OP, despite what you claim, the fact that the impact was - by your own admission - on the front corner of your car means that he started to turn while you were still behind him.

Because (a) it takes time for him to turn and (b) you were travelling faster than him, it doesn't matter where the impact on his bike was - if he was hit by the front corner of your car then the front corner of your car was behind him as he started to turn.

That doesn't mean he was ok to turn but it does mean that you probably could have avoided him if you'd been paying the extra attention you should have been paying to a vulnerable road user that you'd decided to pass.

kraken776

Joe_Horner wrote: »

Ahh, but if you make a habit of driving the A28 with random cyclists stuck to your front bumper you'll be pretty easy to spot

OP, despite what you claim, the fact that the impact was - by your own admission - on the front corner of your car means that he started to turn while you were still behind him.

That doesn't mean he was ok to turn but it does mean that you probably could have avoided him if you'd been paying the extra attention you should have been paying to a vulnerable road user that you'd decided to pass.

You are not able to tell me that i should have been paying him more attention because you dont know how much attention i was paying him.

It so happens that he was my primary focus at the moment i started to come alongside which means i was paying enough attention to him

And I did hit the break as he turned. However at this point he was so close that even at this relatively low speed the car did not stop in time.

There was literally no warning at all ~
and it happened at the last moment
and the turn was very sharp

Marvel1

Note to myself - never overtook on the dual carriageway in case other vehicle turns right with no notice.

prowla

Joe_Horner wrote: »

Ahh, but if you make a habit of driving the A28 with random cyclists stuck to your front bumper you'll be pretty easy to spot

OP, despite what you claim, the fact that the impact was - by your own admission - on the front corner of your car means that he started to turn while you were still behind him.

Because (a) it takes time for him to turn and (b) you were travelling faster than him, it doesn't matter where the impact on his bike was - if he was hit by the front corner of your car then the front corner of your car was behind him as he started to turn.

That doesn't mean he was ok to turn but it does mean that you probably could have avoided him if you'd been paying the extra attention you should have been paying to a vulnerable road user that you'd decided to pass.

Presumably the cyclist indicated they were going to turn right, well in advance, because they couldn't possibly have just been keeping left and suddenly went right across in front of the traffic; perhaps the OP saw this and misinterpreted them holding out their right arm as an indication that it was OK to overtake.

And of course the cyclist would have checked over their shoulder before pulling out to the right to turn, to make sure that it was safe to do so.

OTOH, the OP might just be telling it like it is.

rich13348

Your problem is OP it's your word against his and he may elaborate his story to say, well actually I did stick my arm out but driver ignored and overtook anyway. The damage can be interpreted differently by different people.

As insurance companies like a simple life for the most part, they may well pay out on a 50/50 basis.

This is a decision they have to make and they won't take your foot stomping and whining in very high regard.

Retrogamer

What will likely happen is they will contact your insurance company, claim they signalled and checked and it was clear and as they went to move to the cycling lane you overtook and hit them.

They'll tell this to a no win / no fee solicitor or else their own insurance company if they have one. They're contact your insurance company and ask them to settle this.

You'll tell your insurance company what happened here.

Both stories will be contradictive and without being able to determine who is at fault due to the lack of evidence, they will settle 50/50 at best.

This is why i always recommend a dash cam. Regardless of how good a driver you are, it doesn't mean anything if you can't verify your side of the story with evidence.