Advice needed after car accident - KittyKat
Hi everyone,

I wondered if this would be a good place to ask some advice. On Tuesday I had a car accident, the motorcyclist is now saying that the accident was my fault! Although I see no way that I could have pulled out in front of him as he hit me in the back.

I would be so grateful if you would just give me your opinions on the following diagram. Does he have a case at all as I dont believe that he does...

Thank you in advance

Kat xx

i12.photobucket.com/albums/a206/katpaps1/carcrash....f


and this is my poor little car :angry:

i12.photobucket.com/albums/a206/katpaps1/carwrecke...f
Help! Advice needed!! - wd 40
here are two pieces of advice -

1) make your post title more informative - nearly all posts hear are requests for advice of one form or another

2) preview your posts - then you would know your links dont work

{Topmost subject header and links amended. DD}

Help! Advice needed!! - cheddar
Had you just pulled out on to the road in question?, if so perhaps you had not seen the motorcycle coming up fast, afterall he would not crash into you on purpose. On the otherhand if you had been traveling in front of him for a while then braked and he did not stop in time then it would suggest that fault may lay with him.
Help! Advice needed!! - Armitage Shanks {p}
Hi, bad luck with the accident. The links to your phots don't work, for me at least. With regard to blame etc, were the police called, what did they say, have you got any witnesses and their names and addresses?
Help! Advice needed!! - cheddar
Take everything after .gif off and the links work.
Help! Advice needed!! - KittyKat
Sorry first post and learning it all :)

here are the links again -

i12.photobucket.com/albums/a206/katpaps1/carcrash....f

i12.photobucket.com/albums/a206/katpaps1/carwrecke...f

When I turned out of the first road the road in both directions was completely clear. The accident happened as I entered Sandfields road. He was on the wrong side of the road as he tried to overtake me - obviously didnt see me indicate.

Police were present at the scene and said that he should not have been overtaking me on that part of the road.

Kat x
Help! Advice needed!! - borasport20
Police were present at the scene and said that he should
not have been overtaking me on that part of the road.
Kat x


In that case, it looks pretty comprehensively like the biker came round the corner too fast in the wrong position when he had a limited view.

any more worries ? ;-)
Help! Advice needed!! - borasport20
Do you have a picture of where the debris was on the road ? that would tell a lot.

Sticking strictly to the photograph, that damage could have been caused in the manor you describe, but it could also have been caused if you hadn't seen him and just pulled out infront of him.

So it's your word against his !



Help! Advice needed!! - KittyKat
He told the police that he tried to overtake and the police did all the measurements etc. The glass from my car and the bike were where the impact happened on my diagram. Police can confirm all this too as they were there.

Mechanics said he must have been doing over 30mph to cause that much damage too.

Kat x
Help! Advice needed!! - Xileno {P}
If the Police have written a report on the incident, then try and get a copy. I don't think you have anything to worry about, provided the Police don't shy away from providing their evidence.
Help! Advice needed!! - Armitage Shanks {p}
If the motorcyclist says it was your fault and the police say it was his fault that is your question answered. Is he being charged with any offence, so far as you know?
Help! Advice needed!! - KittyKat
I dont think so... although the police officer did say he would give a statement to the insurance company of what he believed had happened.

It is just a nightmare as had my children been in my car when this loony tried to overtake me, they may not be here now! There was enough room on my left for a ford galaxy to pass, so I dont even understand why the motorcyclist was there! The road markings (to me) are a clear indication of where the vechile needs to be to turn right. The motorcyclist crossed the hashed lines and was on the other side of the road.

Kat x
Help! Advice needed!! - Armitage Shanks {p}
I am no expert but I do think you have a good case that you were where you should have been, making a sensible manoeuvre, and got hit by the motorcycle. Now you have just got the hassle and time it takes to sort out the insurance side of it. Good luck!
Help! Advice needed!! - R75
At the risk of being the devils advocate, Are we sure the bike was actually overtaking? It could be that you did not se him then pulled out, to avoid a collision he had to swerve onto the otherside of the road then you turned right and knocked him off? There are always two sides to a story and I have seen the above mentioned incident happen before, It can look like an overtaking gone wrong when in fact all the bike is doing is trying to avoid a collision.
Help! Advice needed!! - KittyKat
The police officer told me that the bike driver had said he was trying to overtake. If he was using the correct lane for traffic - which was completely free as I had already moved out of the lane, then he would of had no reason to swerve. Also, if he was going to swerve, I would pose the question why he swerved into my car at all, seen as though he hit the back from the same direction I was traveling in.

Kat x

Help! Advice needed!! - R75
You hadn't mentioned in any earlier posts about the Bike admitting to overtaking, as for where he hit, if what I had described had happend then it is quite possible for him to hit you there.

By the bike rider saying he was overtaking you then he is basically admitting it was his fault, in which case I am more then a little perplexed as to your question!
Help! Advice needed!! - cheddar
By the bike rider saying he was overtaking you then he
is basically admitting it was his fault, >>


Unless the car driver was not indicating.
Help! Advice needed!! - R75
Unless the car driver was not indicating.


According to the diagrams she was!!!
Help! Advice needed!! - KittyKat
I had already said that. The police told me that yesterday when I called them to ask them there opinion on it all. Police officer said that he admitted to trying to overtake me.

As for the indication - I always indicate - even with no one around. It is good habit and this is why there is no doubt over that question :) I indicated left onto Cambridge Street - and then once I was on Cambridge Street I switched the indicator to the right. I know I am careful on the roads... thats why this is all bugging me so much!

Now parking is a different matter .... ;)

Kat x
Help! Advice needed!! - No FM2R
I'm afraid that this is not at all clear. If the police officer is offering a statement, I would take that offer and read the statement carefully.

However, just to show how this could be....

Years ago I was hacking up a 60mph road. A car pulled out in front of me to go in the same direction as me. I was going too fast to stop before I hit her, but there was plenty of room to go around her to her right. I headed off in that direction reaosnably unworried, although quite annoyed, as there was quite a bit of room for me to go past using the other side of the road. Fortunately no oncoming traffic.

Blow me if the car didn't immed. start turning right into another road lining me up pretty well with the front wing. Still insufficient time/space to stop so I turned the other way and tried to get through behind her as she turned.

Unfortunately she was turning slowly and I didn't clear her back wing. It was a Woseley 6 and I nailed it just about where you got hit including stuffing my head & helmet through the back side window.

That accident was her fault and she [her insurer] paid.

If you were moving as slowly as you say, and the bike was speeding, then he would have gone along on the appropriate side of the road and I'm not sure how he would have hit you on the other side of the road. At any significant bike speed you would have to have already been turning right for him to hit you before you had finished turning right. In which case I would have thought any evasive manouvering would have been to the left.

If you pulled out in front of him then the above could have happened.

Alternatively he could be a reckless fool or simply not paying attention to the world around him or truly going very fast on the wrong side of the road.

Take the policeman's offer of a letter. And if its favourable, send it to your insurer. Don't waste your time arguing with the biker or trying to convince anybody other than your insurance company that you were right. And if the police are on your side that's a pretty good start.
Help! Advice needed!! - No FM2R
p.s. if that's your name on the photograph of your car then I would take it off. Far too traceable.
Help! Advice needed!! - Altea Ego
"Police officer said that he admitted to trying to overtake me."

If the copper says this, and puts it in writing then you are safe.


Taking marks case, If there were no witnesses, I would have blamed him and he wouldnt have had a leg to stand on. "I was turning right and he tried to overtake"

Help! Advice needed!! - R75
Taking marks case, If there were no witnesses, I would have
blamed him and he wouldnt have had a leg to stand
on. "I was turning right and he tried to overtake"



Quite apart from the fact that there would no doubt have been skid marks from Marks vehicle well before the point of impact proving that you pulled out on him!!!

Marks accident was the exact same scenerio I was attempting to explain.
Advice needed after car accident - Dalglish
motorcyclist is now saying that the accident was my fault!

>>

he would, wouldn't he.

your best bet is to tell your side of the events, back them up with the policeman's statement, and fight your own corner. none of us were there, so we can pontificate all we like but it won't change the situation.

in my view, the best advice was given by no-fm2r above:

"Take the policeman's offer of a letter. And if its favourable, send it to your insurer. Don't waste your time arguing with the biker or trying to convince anybody other than your insurance company that you were right. And if the police are on your side that's a pretty good start.

Advice needed after car accident - Vin {P}
Having lived in St Neots within the past few years (I used to live just off Church Street), the only comment I have to make is that I didn't recall the bend into the accident as being as severe as your map makes it, so I took a look:

tinyurl.com/dmg65

I suspect the motorcyclist will claim decent sight lines on your behalf and an attempt by him to overtake as an emergency manoeuvre when you pulled out on him unexpectedly (as highlighted in the tale above).

Take up the Police offer of a statement; it's crucial in the absence of other witnesses and could decide the whole thing for you.

V

Advice needed after car accident - L'escargot
I think your action must, as with any road accident, depend on your financial circumstances and on what type of insurance you have. I personally would always put it in the hands of my insurance company and let them sort it ~ it's why I have insurance and it's what I am pay them to do.
I'm not saying that this is definitely what you ought to do, but it is another course of action for you to consider.
--
L\'escargot.
Advice needed after car accident - KittyKat
Thanks for all your advice.

If he was going 60 mph, or even 40 - it would explain the damage to my car. Unfortunately for him the road is a 30mph one. I think it is pretty clear cut - especially now after all your comments, and also those who were at the scene and saw where the debris landed (on the otherside of the road). He crossed the chevrons to try and overtake me, didnt pay attention to my indication and crashed into the rear of me. I have an automatic car, so I cant do any fancy and dangerous turns.

Chavs on bikes are dangerous!! I will sue for everything!

Thanks again : )

Kat x
Advice needed after car accident - R75
You haven't said what sort of bike it is KittyKat? If it was a large high powered bike then it could easily do that amount of damage at 30mph and below. A 200kg bike doing 30mph has allot of ineritia behind it. If it was a scooter or a moped then it would have to be going faster to do the same amount of damage. As for debris etc, I have seen bikes slide for a considrible distance when only going very slowly, The length of any skid marks may be a better indication of speed. I am sorry but this does not sound like an open and shut case and I think you will have a lot to prove you did not pull out on him because you failed to look properley (regardless of if the car is auto or manual any one can do dangerous turns). Good luck.
Advice needed after car accident - L'escargot
Further to what I said earlier, I concur what No FM2R said. "Take the policeman's offer of a letter. And IF IT's FAVOURABLE, send it to your insurer. Don't waste your time arguing with the biker or trying to convince anybody other than your insurance company that you were right. And if the police are on your side that's a pretty good start."
--
L\'escargot.
Advice needed after car accident - KittyKat
I am a mother of two and my kids could have been killed in that accident as glass travelled inside my car for some distance. The bike was a small one - not very big. I dont know a lot about bikes to be honest, I cant stand them!

Also I did look properly. He was trying to overtake me on chevrons and crashed into my rear end. Police and insurance people think it is a open and shut case from all the evidence. What is more worrying is that even in hindsight this guy obviously doesn't know his highway code!

Thanks for the luck message : ) and all the advice

Kat x
Advice needed after car accident - cheddar
I dont know a lot about bikes to be honest, I cant stand them!

That kind of attitude from car driver is just one of the many road hazards that motorcyclists have to contend with.


Although it sounds like this guy was a two wheeled law breaking hooligan there is another possible angle:

From the diagram the Corsa had just turned left so presumably would have been indicating left, perhaps when the biker saw it it was still indicating left and was travelling slowly so he understandably would have indicated and gone to overtake it, perhaps when he was committed to the overtake the Corsa signalled and manouvered at the same time thus crossing the path of the bike. Perhaps the because the Corsa had been indicating left the actions of the driver in moving the indicator stalk simply cancelled the left indication as oppsosed to causing the right indicators to flash.

This is far from an open and shut case. I am starting to feel sorry for the biker, Chav or otherwise.
Advice needed after car accident - cheddar
I should have said, whether the car was indicating or not is a matter of the driver word against the motorcyclist.
Advice needed after car accident - KittyKat
I moved the indicated from left to right in one movement. It ticks - and was still ticking. I know the right indicator was on because I manually had to turn it off as I entered the Sandfields Road (the road has a curve to it which means the indicator stays on and could be an obstruction to drivers who know what they are doing on the road).

Sorry if you think my attitude is bad. But as I said, my kids could have been in that car! Thats where my priorities lie. I had just dropped them off at school. I always look to make sure the road I am traveling in is clear, so I get annoyed when other people dont! No amount of emergency stops would have stopped this bike smashing into the rear of my car...

Kat x
Advice needed after car accident - No FM2R
>>I moved the indicated from left to right in one movement.

My guess is that you unwisely pulled out in front of a bike without seeing it. You then started to turn right in front of that bike, still without seeing it. He was trying to avoid you and eventually hit you.

I would also guess he was speeding, which is what will probably sort it out in your favour.

I would save your energy for convincing the insruacne companies and the police.
Advice needed after car accident - KittyKat
That is not what happened. When I pulled out of Cambridge Gardens the road in both directions was completely clear.
Advice needed after car accident - R75
KittyKat, I have no doubt that in your own mind the road was completly clear and you had all the time in the world to complete a safe and legal turn. However, had that been the case then the motorbike would not have hit you, They do not appear out of thin air, He may well have been speeding, but that does not mean you are not partly to blame - did you use your off side mirror before signalling right? Did you check it again before starting your turn? Did you look over your shoulder to check your blind spot before starting the right hand turn? These are all questions that might well be asked if it goes to court.

We are all human and we can all miss things on the road, I had a car hide in a blind spot on the truck yesterday on a roundabout and it was only luck that we did not hit, Now she was not there when I got on to the roundabout, but appeared from "Nowhere" half way round, if we had off collided (apart from her car coming off far worse) there is very little evidence to say I was correct and that she was not there, all it is is my word against hers. I think your case will be the same, as for the Police, Unless they are going to prosecute the rider for an offence I would not hold out much hope of any assistance.

All this is probably not what you want to hear, but if the rider sticks to his guns and claims you were at fault you could have a hard time proving otherwise.
Advice needed after car accident - cheddar
That sums it up well but to say that there is no evidence that the biker was speeding, assuming the speed limit is 30 if it was a moped he would struggle to do 30 anyway and a bigger bike would have done more damage if it hit at much more than 30.
Advice needed after car accident - Dalglish
I would save your energy for convincing the insruacne
companies and the police.

>>


again, ditto.

however, despite this advice having been given a number of times above, it seems kitty wants ignore your wise comments; and fight her corner with the backroomers to convince them that she was in the right.

her attitude towards bikers will not help her at all, and in my eyes this type of response would merit the judgement that "we have an an attitude problem here".

Advice needed after car accident - henry k
>>I would save your energy for convincing the insurance companies and the police.
again, ditto.
however, despite this advice having been given a number of times above, it seems kitty wants ignore your wise comments; and fight her corner with the backroomers to convince them that she was in the right.
her attitude towards bikers will not help her at all, and in my eyes this type of response would merit the judgement that "we have an an attitude problem here".

Again ditto.
Do not try and judge the outcome.

An example.
A few years ago I was a witness to an accident.
I gently rolled to a halt at the white line in the middle lane of three at traffic lights, at a major cross road, as they turned red.
Then a large bike rolled to a halt on my right in a right turn only lane.
The lights changed and the bike accelerated and moved left into my lane. I had not moved at this point in anticipation of his probable lane change.
The biker rode into the rear quarter of a 15 cwt van that jumped the lights.
I spent hours re witness statements and a morning AT the court. At lunchtime I was informed by some bottom rung legal kid that I was not required as my evidence did not support their case.

I still consider the biker was significantly in the wrong but I will never know the outcome of the case.
I am now very reluctant to be a witness after this experience.
I consider that I was THE prime witness and was expecting to be in the court.

So kitty I suggest you should take care how you follow all this up.
Advice needed after car accident - nortones2
If the rider was going at speed I'd imagine some rather painful injury resulted. However, no comment has been made about this aspect. No doubt the police will be impartial re the cause and the sharing of any blame. Until they pronounce, I'd regard this as undecided, with some doubt in my mind as to the cause being entirely the riders.
Advice needed after car accident - Blue {P}
Well, none of us were there so we can't really comment on what happened with any degree of certainty.

Just wanted to say that I'm pleased no one was seriously injured and please let us know how this turns out Kat, it's always nice to hear how things end up in the end.

And incidentally, if it was one of those little moped things then I'm inclined to believe that a lot of the blame may lie with him, and yes, that is a sweeping generalisation, and yes, many of them are ridden carefully, but I don't care, I'm going to make it anyway.

Blue
Advice needed after car accident - L'escargot
<< I will sue for everything!

Don't do anything purely out of spite. If it's not likely to be financial advantageous to you then don't do it. Being spiteful or seeking revenge might make you feel better in the short term but there's no point if it's going to cost you even more money in the long term. It's all about damage (no pun intended) limitation.
--
L\'escargot.