car/motorbike accident

donnie-cov

I was riding on a main road when there was oncoming traffic to the right of me , And a one way road coming out to the main road on the right. When im riding 30 Mph down the road a car as pulled out of the junction and come on to the main road ( without seeing me ) (BLINDSPOT) as the traffic is infront of him. I've gone in to the back of him when hes turned right in the direction im going and ive hit in the back bumper. As i couldnt "STOP" in time. Now hes saying it was my fault as i was speeding, which is not the case as he didnt even see me. I was doing 30mph. Is it my fault or his ? He turned out on to the main road without seeing me due to a stand still of traffic. My motorbike is valued at 2000 and a write off they said but they said they haven't decided yet whos at fault. I've got access of £750. and im third party fire theft. Its been 3 weeks since the crash.

Whats likely going to happen? no ones takes liability. Also do i have to pay access. or will i get 2000 for my bike what they valued it at. I don't know whats happening im panicking.


NOTE EDITED..
I DID NOT FILTER THROUGH TRAFFIC I WAS ON A MAIN ROAD DOING 30MPH. NO CARS IN FRONT OF ME. HE CAME OUT OF A SIDE ROAD TRAFFIC ON MY OPPOSITE LANE AROUND 30 CARS IN A STAND STILL. HE DIDNT SEE ME HES PULLED OUT ON TO MY ROAD I COULDNT "STOP" AND IVE HIT HIM AT 30MPH. HIS REAR BUMPER. ON THE LEFT SIDE. STILL I HIT HIM IN THE BACK I COULDNT BRAKE. HE SHOULDN'T OF PULLED OUT ON TO THE MAIN ROAD WITHOUT LOOKING PROPERLY. I KNOW IM ON A MOTORBIKE BUT HE SHOULD OF PULLED OUT SLOWLY AND LOOKED. ?

"I read it as the stationary queue was in the opposing direction (other side), and the car exited from the right across the stationary traffic and in front of the OP.

But the OP hasn't clarified this as yet."
answer : YES

other party accepted liability

Warwick_Hunt

Your excess is irrelevant, if it's your fault you won't get a penny.

glentoran99

If he had time to pull out and you to hit his back bumper you had time to stop, I dunno how the isnurers will see it, but there is every chance you could be deemed at fault as you went into the back of him,


You wont have to pay your excess whether at fault or not but if your at fault you wont get a penny

glentoran99

It could go 50/50 but I have no idea how that works in practice if you are not fully comp

System

glentoran99 wrote: »

If he had time to pull out and you to hit his back bumper you had time to stop, I dunno how the isnurers will see it, but there is every chance you could be deemed at fault as you went into the back of him,

I drive 44 tonne trucks. There are often situations like the OPs where a car will pull out from a side road to try and beat my truck. The last time I managed to lock up all 6 axles and stall the truck I was braking that hard and that takes some doing on an automatic with ABS. Had I hit him the dashcam would have shown he was clearly at fault for pulling out when I was clearly too close.

Warwick_Hunt

glentoran99 wrote: »

It could go 50/50 but I have no idea how that works in practice if you are not fully comp

He'll get 50% of his repair cost from the third party.

Car_54

glentoran99 wrote: »

If he had time to pull out and you to hit his back bumper you had time to stop,

I'm not sure how you reach that conclusion.

The car pulling out was required by law to give way, i.e. not to cause the OP to change speed or direction to avoid an accident, and clearly failed to do so.

glentoran99

Tarambor wrote: »

I drive 44 tonne trucks. There are often situations like the OPs where a car will pull out from a side road to try and beat my truck. The last time I managed to lock up all 6 axles and stall the truck I was braking that hard and that takes some doing on an automatic with ABS. Had I hit him the dashcam would have shown he was clearly at fault for pulling out when I was clearly too close.

Car_54 wrote: »

I'm not sure how you reach that conclusion.

The car pulling out was required by law to give way, i.e. not to cause the OP to change speed or direction to avoid an accident, and clearly failed to do so.

Playing devils advocate just, Its obviously not clear cut or wouldn't be taking so long to decide

IamNotAllowedToUseMyName

The problem you have is that he claims you were speeding. His problem is that if he didn't see you, he can't say whether you were speeding or not. If he did see you, he is admitting he misjudged your speed and still pulled out.

Without solid evidence that you were speeding, I'd say that the driver is going to be found at fault.

The excess is a problem if you are found to be at fault, but in a 50/50 claim, they would not pay out, but you would not have to pay to the other party, they go knock for knock and look after their own - and as you have only third party, you'll get nothing. Need to check the excess, was it for theft or for the third party. If it is for 3rd party claims as well as theft, if you were deemed entirely to blame, you would have lost your bike and have to pay out £750 to the insurers for their repairs to the other vehicle.

glentoran99

IanMSpencer wrote: »

The problem you have is that he claims you were speeding. His problem is that if he didn't see you, he can't say whether you were speeding or not. If he did see you, he is admitting he misjudged your speed and still pulled out.

Without solid evidence that you were speeding, I'd say that the driver is going to be found at fault.

The excess is a problem if you are found to be at fault, but in a 50/50 claim, they would not pay out, but you would not have to pay to the other party, they go knock for knock and look after their own - and as you have only third party, you'll get nothing. Need to check the excess, was it for theft or for the third party. If it is for 3rd party claims as well as theft, if you were deemed entirely to blame, you would have lost your bike and have to pay out £750 to the insurers for their repairs to the other vehicle.

You don't pay excess to fix the other party, that's only for your own car, and in the OP case only if it was stolen or burnt out

Car_54

IanMSpencer wrote: »

The problem you have is that he claims you were speeding. His problem is that if he didn't see you, he can't say whether you were speeding or not. If he did see you, he is admitting he misjudged your speed and still pulled out.

Without solid evidence that you were speeding, I'd say that the driver is going to be found at fault.

The excess is a problem if you are found to be at fault, but in a 50/50 claim, they would not pay out, but you would not have to pay to the other party, they go knock for knock and look after their own - and as you have only third party, you'll get nothing. Need to check the excess, was it for theft or for the third party. If it is for 3rd party claims as well as theft, if you were deemed entirely to blame, you would have lost your bike and have to pay out £750 to the insurers for their repairs to the other vehicle.

AIUI knock-for-knock is no longer used. In a 50/50 settlement the OP's insurer will pay 50% of the TP's claim, and the TP's insurer will pay 50% of the OP's, leaving him to pay the balance.