Car accident with motorbike - they say I'm 100% liable

societys_child

I think arcon5's post

they can take solice in the fact they have right of way

might have been a bit tongue in cheek.

Mumof490

Ok sorry I'm only just replying I have been busy with my children and my head is everywhere as I've had a death in my family 10 days ago and my head is everywhere with the accident as I'm so gutted

I obviously did not see the bike over taking the car else I wouldn't be asking for advise I'm not a dangerous driver and I'm glad he is not badly injured ( in hospital) and it has shook me up. I am just glad my children were not in the car as they would of been petrified

I will type my statement out I sent my insurance and apologise for any mistakes. I am so upset

So this is my statement made shorter

At approximately 18:00 I left my home address

I travelled a short distance down the road and came to a complete stop in the carriage way indicating a right turn. I applied my hand break and was waiting for a safe opportunity to make a right turn

An oncoming vehicle on the other side of the carriage way approached my location and the driver began to indicate to turn left ( as I was turning right) this vehicle had begun to reduce their speed. The male driver signalled to me that I could make my turn in front of his vehicle. ( he flashed I wasn't 100% sure) so he then made a hand gesture. This vehicle then continued to slow down to a virtual complete stop and again the driver signalled go me indicating that I could turn right

I took my hand break off the vehicle to make the right turn whilst still on my side of the carriage way a motor cycle appeared on my side of the carriage way from behind the vehicle and collided with the front passenger side of my vehicle

I attached a photo of the damage which is the front passenger side

My view of the carriage way was unobstructed and the weather was wet. I had my headlights on and indicator on also

The male of the oncoming car who had stopped to allow me and the right turn stated he had witnessed the bike over take on the wrong side of the carriageway and hit my car

Insurance details were exchanged the motorcyclist appeared to have no visible injuries so police or ambulance were not called but he was taken to the hospital by his parents

The witness provided us both with his details which I passed on to my insurance company when I reported the accident

I have so much going on my original post was not clear sorry

I understand my insurance wouldn't pay out if they thought I wasn't liable but my disagreement is he come on to my side to over take the Highway Code states not to over take near a junction and I was hoping for knock for knock and I'm fully aware he is classed as a vulnerable driver

And also I'm just clutching at straws I suppose that they would change there mind to knock for knock I'm so gutted this accident happened but there's nothing
could of done differently on that night.

Many thanks and sorry for not making it clear.

Mumof490

The accident was also outside a shop I asked if they had cctv but it's broken

Just before the junction I was turning right into there is traffic lights so I rang to see if any chance there was cameras ( i was told there is) again this is not the case they are sensors I've been told

Sorry again my op was not explained correctly things have just gone from bad to worse this year.

Quentin

Insurers don't do knock for knock anymore.

You now look to be agreeing that at least you are part liable.

If it was changed to a shared liability this would make no difference to the impact to your future premium and loss of NCD

Mumof490

Sorry never claimed before this is all new to me

Well if they did do knock for knock it would be better then being 100% liable but there's nothing I could of changed that night I only hoped for 50/50 as he's a vulnerable driver they told me

Had the motorcyclist of not over took I would not be in this mess.

Money_maker

So the OP was pulling out in front of a car which had stopped and indicated she was to go before it. Not in front of a motorcycle who should have checked it was safe to overtake the (practically) stationary vehicle indicating to turn left. No wonder the OP is so upset, I'm not sure how she could have avoided this collision.

neilmcl

OK, so that clears things up a bit. When pulling out on to a main road it's your responsibility to make sure that it is safe and clear to do so, and in any case take caution.

There's no such thing as a "wrong side of the carriageway" and the motorcyclist would have been entitled to be where he was if the road ahead was clear. If anything, the other car driver, whilst not to blame, has added to the confusion of the situation, had he just gone ahead and turned left into your road, I doubt this incident had occurred, I don't know why he though it was a good idea to flash you to come out given that he wasn't going to impede your progress anyway.

I can fully understand why the insurer is saying this is your fault.

Cash-Strapped.T32

Ok, that makes more sense (I too read it, and wasn't 100% sure what was going on in the first post).

So, to me it sounds like;

* You're intending to take a right turn onto a side road.

* Car on opposite side who is intending to turn left, onto the same side-road, flashes & waves you to make your manoeuvre before him. You proceed to take the turn.

* Motorcycle behind him is presumably unaware of this.

* Half way through your manoeuvre, the bike overtakes the stationary car, and hits your passenger side (so obviously you are by now part way through the turn, and no longer stationary, otherwise he would have hit your front).

I'm not going to try & give my personal judgement (although I often get into debates of these sort with my girlfriend who works in insurance), but as a biker myself, I wouldn't have made that overtaking move under those circumstances.

*EDIT* wow, about 4 replies since I started typing this - you guys really are fast

neilmcl

Cash-Strapped.T32 wrote: »

Ok, that makes more sense (I too read it, and wasn't 100% sure what was going on in the first post).

So, to me it sounds like;

* You're intending to take a right turn onto a side road.

* Car on opposite side who is intending to turn left, onto the same side-road, flashes & waves you to make your manoeuvre before him. You proceed to take the turn.

* Motorcycle behind him is presumably unaware of this.

* Half way through your manoeuvre, the bike overtakes the stationary car, and hits your passenger side (so obviously you are by now part way through the turn, and no longer stationary, otherwise he would have hit your front).

I'm not going to try & give my personal judgement (although I often get into debates of these sort with my girlfriend who works in insurance), but as a biker myself, I wouldn't have made that overtaking move under those circumstances.

I think you're probably correct, I may have read it wrong.

George_Michael

I read it different to you neil.
I thought that both the OP and the other car were both on the same road coming from opposite directions.
The OP wanted to turn right into a different road and the other driver coming from the opposite direction wanted to turn left into the same road.

If it was as you described, the motorcycle would have hit the OP's car on the drivers side and not on the passenger side.