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First drop.. was run into :(

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by 265chemic, Apr 22, 2008.

  1. Ive had my bike a bit over a year now, and havent dropped it.. UNTIL NOW!

    Wasnt my fault however - I was outside work turning left up onto the footpath to park when a car decides to cut around the INSIDE of me.. result, i see just as its too late (just started turning) and make contact with the rear door, bike goes over very slowly as i was nearly stopped, kind of scrapes down the side of the car and comes to a rest.

    girl gets out of car, I say 'didnt you see my indicator'.. she goes is it small? It wasnt on!... I point to indicator after picking up bike and go 'its STILL ON!'.. then she points to my lunch bag tied to rear of bike and says that was covering the indicator... now, this was secure when i started but was hanging to the side.. I said bullshit, but I guess theres a chance that could have happened. Regardless, even if there was no indicator, she would have seen brake lights and was well in the wrong for cutting around the INSIDE of me on a SINGLE LANE road. Do people agree with me here??

    Theres some damage to the engine case, front fairing, screen, mirror, centrestand edge (oh and helmet). Amazingly none of the side fairings are marked.

    She has done the right thing and make a claim, as have I (a not at fault) - so the insurance will talk to each other and sort it out I guess?

    Ive got some pain in my knee/hip and an abrasion on my inner right ankle but i think ill be fine with no long term injury.

    Any advice from anyone else would be appreciated.
  2. I can only assume that you must have made your left turn from near the centre of your (left) lane in order for her to be able to think that she could go up your left side. But either way, passing on the left in a single lane is illegal anyway (unless you're splitting :wink:).

    Get a medical check on those bumps and bruises, mate :).
  3. Yep. Passing to the left is only legal if the vehicle in front has their right indicator on. So even if she claims you didn't have an indicator on, or that the left one was obscured, she's still completely in the wrong.
  4. Many years ago I was highly embarrassed when I ran into the back of another motorcycle while riding mine down Sydney road. The road was damp, and I was on the wooden surface they used to use between tram tracks.

    I was thinking, "How the hell did I misjudge that!?" Sure the bike slid on the road, but I should have seen that coming, and I had reasonable separation. I should have seen him slowing down!

    Then the guy said he was partly at fault, because he braked hard at a cross road even though nothing was coming, because he had been cut off there before.

    So I had a look at the back of his bike. He was a student like me, and had a bag strapped to the back of the bike. The wooden base in the bag was broken, and so the bag hung down completely over his brake light. Noone could see it from behind. I certainly didn't, once I thought about it.

    So, you want some advice: Get rid of that stupid bag and use something that can't slip and cover your indicators or brake light.

    BTW, I assume you were on the road, and turning into a driveway to get up onto the footpath? If so, and the road didn't have lane markings, and she came up the inside expecting to overtake you on the inside, then she is entirely at fault. It is illegal to pass someone on the inside if there are no marked lanes, unless you have your right indicator on to turn right off the road you are travelling on.
  5. agree with others on the "illegal to pass on left" but what i don't get was how you left enough room for her to get up the left of you? To me you should of been hard over on the left therefore not allowing her up the inside of you.

    Lastly if you knew you were turning there, you should of pre-checked and taken that piece of road, to me that is what i call defensive riding, so although you are in the right, from how i read it you could of avoid it....

    Best of luck getting it all sorted and hopefully you heal up quickly

    Cheers stewy
  6. These things are learned with experience, even though we're taught them. Guess 256chemic will be more aware of that possibility from now on. No criticism here, just saying that until you experience certain risks, you may not be aware of them.
  7. Thanks guys.

    The reason she could get up the inside was that the lanes are very wide (wide enough for cars to park on the side and have ample room to drive another down easially).. I wasnt far to the left as I was doing a u-turn in effect up onto the footpath (keep in mind she passed half where cars would park and half in the lane).
  8. Yup, she was in the wrong.
  9. ah right, yeah tricky situation, but i am still a firm believe i will always position myself in a place which will funnel other traffic where i want it to go.

    Ie in that situation i would of moved over a little earlier indicator on, and slowed (just roll of the throttle doesn't take much) to encourage car behind to pass me on the right, once said car is on the right, (if i see now other cars behind i) will slightly move across towards them. (as you still want max. room for your turn), as you now have reduced the width of the road all by a little for thought and planning (defensive riding.) and just a matter of up and onto the footpath.

    Mind you if i see that car behind is still directly behind me/on left as i am slowing for the turn i will slow further to allow (so if i do get rear end etc it's at a much lower speed).

    Tight U turns are another skill :LOL:

    Only offering another riders view of how i go about my road craft.

    Cheers stewy :)
  10. talk to your insurance company. its why we pay them all that money.
    if they are like AAMI, if you are not at fault and have the drivers details it costs you nothing and they deal with it.
    recently had a woman back into my car then claim it was my fault because she thought I was trying to steal her parking spot!
    reported to the insurance, they fixed the car and dealt with her. didn't affect my no claim bonus etc at all.
  11. Let us know what the outcome is.
  12. Do yourself a favour now and write it all down, draw diagrams, even go back and take pictures of the scene. And above all never admit fault.

    Don't trust the insurer to settle the claim in your favour, wherever possible the lazy will take the easy option if one is available.... so don't give them one!
  13. bad luck, it defiantly sounds she is in fault, hate it how people always try and come up with stupid excuses to take there own guilt away. good luck
  14. Well, did you show her how huge and manly *it* was? :twisted:
  15. hahaha good one.
  16. Well, Ive just faxed off the accident diagram and quote from teammoto to cgu.

    I called her insurance (racq) and asked to hear her claim details - but the person on the phone asked me to foward an accident diagram before they would say anything.. this makes me feel that she hasnt admitted fault.

    Heres the diagram..
  17. I wouldn't be talking to her insurance directly. That is what your insurance company is for. You claim from your insurance company, and they get what they can from her insurance company.

    If you have sent your insurance company all the details, then they will follow up. Yes, some of them may be lazy, but they will do their job and as long as you have told the truth, and stick to it (don't ever admit anything may have been different to your statement), and don't start embellishing to try to move things along.

    As long as there is no reason for your insurance company not to pay, like you were drunk or unlicensed, then they should pay out pretty quickly.

    So only ring your company.
  18. Oh, additional to the above (re-reading i can see i didnt make it too clear) I faxed off that stuff to MY insurance company. I just enquired to hers to make sure she had admitted fault.. When they asked for things I just said oh, talk to my guys ive already given them it, and pleasanty handed over my claim number.
  19. Fair enough. But they were never going to admit fault, especially over the phone and to the other party!

    Yes, I understood that you had provided details to your insurance company.

    I hope it is all fixed soon, including your injuries, which by now a doctor has looked over, right?
  20. From that diagram, you could also be done for making an incorrect left turn. If you've left enough room for a car to get through then you've not made the turn from as far as practicable to the left.

    Not telling you to suck eggs, but it is definately a contributing factor. If I attended this collision, i would probably be told to book both of you.