Who is responsible in this crash?
I have a liability question. After making sure the road was clear in both directions, I pulled out of a farm shop entrance making a right turn heading east on to a B road. While I was turning, 50 meters to the east a motor bike came around the 2nd part of a s bend at high speed in the east bound lane (the lane I was turning into).
This was a shock to me as at this point I was in the middle of the road about to enter the east bound lane and complete my turn right into the motor bike. I had a moment's hesitation, then adjusted my direction slightly and crossed the road as quickly as possible to avoid the motor bike. The motor bike scrapped the back of my car as he was trying to get back into his lane. He carried on down the centre of the road and managed to stop his bike a further 100 meters past the point of impact.
My daughter a passenger in my car, first response was "why was the motor bike in our lane?" While exchanging insurance details, I queried the speed of the motorcyclist and he replied he was doing 60 mph and pointed out that was the legal speed limit. He then admitted that the speed was probably to high for the 45 degree bend. I thought he was claiming responsibility.
Through his insurance company, his version of events has changed. He is stating that he came around the bend and saw my car at the end of the farm shop drive at a stand still. That I then started to pull out, only to hesitate and then carry on pulling out. This would have placed about 2/3 of my car out into his right of way. He then says his only course of action was to try and ride around the back of my car and while attempting to do this he clipped the right hand side of my car with the right side of his bike. Not only did it not happen, but would be an impossible task when considering the damage done to my car and to his bike.
My insurance company does not want to go to court because they don't think I can win without a witness. They have said they would pay any claim from the motor bike insurance company without prejudice and have said I should pursue a civic case.
I would appreciate any advice you could give.
This was a shock to me as at this point I was in the middle of the road about to enter the east bound lane and complete my turn right into the motor bike. I had a moment's hesitation, then adjusted my direction slightly and crossed the road as quickly as possible to avoid the motor bike. The motor bike scrapped the back of my car as he was trying to get back into his lane. He carried on down the centre of the road and managed to stop his bike a further 100 meters past the point of impact.
My daughter a passenger in my car, first response was "why was the motor bike in our lane?" While exchanging insurance details, I queried the speed of the motorcyclist and he replied he was doing 60 mph and pointed out that was the legal speed limit. He then admitted that the speed was probably to high for the 45 degree bend. I thought he was claiming responsibility.
Through his insurance company, his version of events has changed. He is stating that he came around the bend and saw my car at the end of the farm shop drive at a stand still. That I then started to pull out, only to hesitate and then carry on pulling out. This would have placed about 2/3 of my car out into his right of way. He then says his only course of action was to try and ride around the back of my car and while attempting to do this he clipped the right hand side of my car with the right side of his bike. Not only did it not happen, but would be an impossible task when considering the damage done to my car and to his bike.
My insurance company does not want to go to court because they don't think I can win without a witness. They have said they would pay any claim from the motor bike insurance company without prejudice and have said I should pursue a civic case.
I would appreciate any advice you could give.
Asked on 24 September 2012 by patricia
Answered by
Honest John
The motorcyclist is alive, so that's one good thing. From your account, you both probably did the right thing in an emergency situation. But you did pull out into his path (even though he wasn't there when you started to pull out). Unless you feel very strongly indeed about this I'd let it go.
Tags:
accidents
legal issues
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