Car Accident - Insurance - Who's fault??

elav1978

Hi, hope somebody can help put my mind at ease ...

Recently I was involved in a colision: I was parked at the side of a road, I checked mirrors indicated checked mirrors again - there was nothing there so I pulled out, whilst doing so I looked again in the mirror - a scooter type bike appeared in the drivers wing mirror (I think it had pulled out of the side road behind me) I stopped. The bike slowed down but still hit me. - The bike had superficial scratches to the paintwork my car door fared worse with a big dent and the plastic trim hanging off. The bike driver was ok - he had a bloodied elbow but was fine. Immediately after the accident he appeared in my window shouting at me - he didnt have a helmet on at this time - I do not know if he had a helmet on when he came off the bike.

I have reported the accident to the local police and made the initial telephone call to the insurance company to inform then of the accident. The scooter driver did not take my details as he said he was ok and he would sort his bike out himself.

Was the accident my fault? .....Thank you

lisyloo

Was the accident my fault?

It really is very difficult to say from what you've said.

If he was just riding along the road and you pulled out and didn't see him, then it would be your fault.

If he had turned from a junction at the same time as you or was weaving dangerously between cars then he would also carry some fault.

You mention looking in your mirrors but these don't show everything.
The "blind spot" is called exactly that because it's the bit you can't see from your mirrors.
Did you turn your head to check properly?
If not it's possible that you didn't see him.

Bikers call it SMIDSY - "sorry mate I didn't see you".

elav1978

Hi, thank you for your reply - I did mean to write that - I did check my blind spot he wasnt there and he wasnt there when I started to pull out it was only that I checked the mirror again that I saw him that i stopped...

geri1965_2

Your fault.

Quentin

Your fault - and the helmet issue isn't relevant.

cvillakg

unless you have a independent witness to decide this you will be held at fault , like others said coz if u were stationary at the time of accident a bike wud have only caused that bi a dent if it was moving in full flow .. if you know what i mean

geri1965_2

I don't think he needs a witness. The onus is upon the car pulling out to ensure that it's safe to do so - even if the bike had been moving at "full flow" - so what? They are allowed to do that!

lisyloo

I don't think he needs a witness. The onus is upon the car pulling out to ensure that it's safe to do so - even if the bike had been moving at "full flow" - so what?

I agree.
But people and/or insurance companies lie thru their teeth when it comes to claims, so without independent witnesses it's impossible to get to the truth.

cvillakg

lisyloo wrote: »

I agree.
But people and/or insurance companies lie thru their teeth when it comes to claims, so without independent witnesses it's impossible to get to the truth.

Thanks for backing me up on that one lisy :beer:

@ geri ->
'even if the bike had been moving at "full flow" - so what? They are allowed to do that!' - no hard feelings mate, but thats interesting, I just hope no bikers read this statement