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WA Accident {Moved to politics LAW and INSURANCE}

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by bikerbbadger, Aug 15, 2012.

  1. Well i initially found out about this site after searching for reviews on insure my ride insurance.
    Unlucky for me i am reviewing this now following an accident. Two things i would like to discuss first being road user courtesy or lack of. I was travelling home from work traveling along a slip road from one freeway to another. The traffic had pretty much stopped maybe travellin at around 20kph. The road at this point is approx 30ft wide plus a wide service road to the left.
    I was progressing along at a steady pace and although there was sufficent room for me to pass on the right cars were moving over to the left anyway showing that some do and use courtesy. I reached a 4x4 in front of me with approx 15ft of space to the right of the vehicle and at this point in the road the place for joining the other freeway was a good 150metres plus away.
    This vehicle was travelling approx 20 to 30k's so with plenty of space to the right of the car and making good progress at around 40k's i began overtaking.
    At approaching half car length the car suddenly turned to the right, i braked hit the car at the side rear with me left bar and as the car continued its direction it pushed the front of the bike away from me causing the bike to fall onto its left side.
    Now the raeson for the car changing direction so suddenly is beyond comprehension, the only thing i can assume is that he had saw me and thought bugger him im not going to let him pass he can stay in the traffic like everyone else.
    As a witness to the accident stated to me it looked like he tried to kill me.
    Sooo, the question now stands, i am being told that because it was a single lane and even though the lane was two plus car widths across and i was making steady safe progress it looks like i am at fault, so forget the highway code stating check your mirrors before making any manouvere(cant spell) or changing direction if its a single lane you can move anywhere without looking and possibley kill someone as long as you stay within the lane. So i now have to wait and see what happens.

    Re: Accident

    Further to the above i have now contacted my insurance insure my ride ony to be told that my cover of theft insurance does not have the basic third party liability with it,(WHAT) you say, so apparently paying a higher premium than third party only will only cover you if your bike is stolen, so evryday usage is not covered, what the hell. I have never had a insurance company tell me this before, all of my previous insurance cover was either third party only, fire and theft inclusive of third party or fully comprehensive,
    who would even want a cover for theft and not have the basic evryday liability insurance with it, i am damn confused to say the least. So on top of the accident i now have the issue on how i am going to see how i can progrees with someone trying to kill me without my insurances help.


     
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  3. Re: Accident

    I signed up for theft thinking as previous to any other insurance i had theft includes third party liabilty. Now im being told although i pay a higher premium for the theft it does not include your every day liability cover, a complete waste of time having it really.
     
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  4. Re: Accident

    They are obligated to provide you with an accurate description of the product before you buy it. If they didn't do that you may have a case for a refund of your premium at least, if they did and you didn't read it, well then my friend you are stuffed.
     
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  5. Re: Accident

    so basically...single lane - you filtered/overtake whatever & got hit

    then...you've purchased theft insurance and are suprised your not covered by something that is a completely seperate type of insurance unless you of course invest in fully comprehensive.

    it's a very odd wall of text you've left us with - you have not stated if the 4wd stopped...if the police were involved, if so then what have they told you...

    lastly and most importantly - regardless of my above statement's i'm sorry about your incident and hope you walked away without much if any injuries ....how much damage was done to the bike ?

    edit - after a quick thought aswell, having the police involved maybe handy to you with your witness stating that it appeared that the 4wd was essentially trying to run you down - although you may be at fault in the law's eye's on your action's it doesn't excuse a driver's intent to run you down. (which other's can correct me but perhaps said driver can be both charged and possibly you could take him to court for damages to your bike? not sure there)
     
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  6. Re: Accident

    Paying for insurance and not being sure of what you're covered for isn't going to earn you any sympathy, I find it quite reasonable for theft to be separate to third party insurance on a motorcycle. You know what they say about assumptions...

    So your'e up for the cost of repairs to the 4x4 and your bike? Accident scenario sounds unfortunate if the 4x4 did swerve to try and hit you, with that much room to spare and the low speeds mentioned it is strange to me you were travelling so close to the 4x4

    BTW welcome, I hope things improve for you and the bike
     
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  7. Unfortunately you reap what you sow, did you not read the policy???
     
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  8. Full comprehensive insurance would have covered you; you saved on premium on a cheaper product, you missed out on cover. You should have had the bike stolen, not crashed it.
     
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  9. alright fellas now we sit and wait for OPs reply... Interested to hear answers to some of the questions you guys asked. Hope you weren't hurt OP.

    Unfortunately a lot of riders filter and do things they shouldn't... forgetting that just because it's almost tradition to do it on a bike - its not legal and will put you at fault. So really it sounds like you shouldn't have been next to the 4x4 in that lane, which will make the whole thing your fault
     
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  10. timtams i believe that assertation about legality is incorrect.
     
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  11. +1. In victoria at least, passing to the right of a vehicle in the same lane is legal.
     
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  12. First - where are you?

    Second - get legal advice. At least organise an appointment with a community legal centre about both the insurance and any future liability.
     
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  13. +2 search read search read search read . As above Legal advice and Witness statement .

    ps if this turns in to another filtering thread I"m gone
     
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  14. Glad your OK

    My buddy would have been their when you came too, i did not get the full story.But my buddy was disturbed by what he seen

    From my understanding the 4x4 stopped or slowing near a intersection . Traffic was at a stand still ,The Car that cut you off was pulling across the highway? on or off?he must have been impatient or late for a turn?, went around behind the 4x4.

    He said he thought you must have been fairly moving because he was looking around @ the time thinking it was a bad situation ,and only heard the crunch.

    Its really not a great section of road.i seen a few accidents their

    i will have a witness post up for you , i know more about the condition of your helmet then the accident
     
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  15. OP

    Can you post a better description, maybe a drawing in paint?

    If we understand what happened, we may be able to suggest an argument that would either put you totally not a fault, or or at least only partially at fault (a lot of collisions are both parties fault). This may reduce your liability.
     
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  16. Before you purchase any insurance you should read what you're actually getting not assuming it is the same as everyone else.

    its the fine print that gets you unstuck..
     
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  17. Well thank you for your comments. A couple of things to clear up. Firstly the 4x4 did stop and details exchanged. The police were called at the time of the accident but were not interested in attending as no one was seriously hurt.
    The main points i was trying to get accross was yes i was filtering and yes i believe i was doing it in a safe manner, at a safe speed with plenty of space to do so. the accident happend on a singe lane as i said which was two car widths in size and the road was sweeping to the left. I was at the side of the 4x4 when it changed direction to the right, my point being unless he was trying to wipe me out he had no other reason to do this, as stated the road was a slow sweep to the left. And as i allways do myself if im driving my car or bike is you use your mirrors before manouvering at any time?
    So i was not doing anything stupid dangerous, reckless, i was making progress at a steady safe speed and someone decided they did not like the fact that i was progressing through traffic and OR they just changed there position on the road without due care and attention.
    Right as for the insurance, yes i did not read the small print and i bought a insurance cover that was not what i thought it was. This goes back to the fact i have lived both in new zealand and the uk. Both places offer either third party only, the cheap option, fire and theft which includes third party, and fully comprehensive which covers you even if you drop your bike it is covered type of scenario. So yes i have been caught out because of taking things for granted, maybe i took for granted that a car would look before changing direction as i would if i was driving too? So to wrap things up, be sure to check your insurance policy and also be safe out there as it seems there are car drivers out there who either dont look or just do not like motorcyclist being on the road in the first place. Oh im in perth wa.Thanks
     
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  18. I understand now, cannot think of any rule that will help you, but that doesnt mean there isnt one.

    You could google the road rules and see if you can use anything.
     
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  19. In Australia:

    Overtaking moving vehicles in the same lane on the left is illegal.
    Overtaking moving or stationary vehicles in the same lane on the right is legal.
    Overtaking stationary traffic in the same lane on either side is legal.
    Overtaking any traffic in a separate lane is legal.
    (See rules 140-141.)

    You might say that you were "filtering," but for all intents and purposes you were overtaking a vehicle on the right in what appears to be a legal manner. However, rule 140 does specify that a driver must not overtake another vehicle unless "the driver can safely overtake the vehicle."

    And regardless of the legislation, Justus will happily show you that a court may attribute some amount of fault to you if it determines that you actions contributed to the accident, even if you weren't braking any laws.

    I'd ask the witness for a written statement, and I'd make sure that my explanation of the accident made clear that the road was very wide and that there was no reason for the 4WD to suddenly pull to the right at that point (where was he turning in to?).

    Edit: And I wouldn't say I was "filtering." It's just unnecessary and casts doubt over your behaviour by linking it with a concept of unclear legality.
     
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  20. Riiiight well my bad, I got booked for filtering so just assumed it was illegal :-s apologies
     
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