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[NSW] Collision while filtering

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Azamakumar, May 7, 2010.

  1. Headed home on the GWH I filtered the set of lights at the cumberland highway, between the middle and leftmost lane. Got to the front and copped an elbowful of mirror from my right (on the back of my upper arm).

    1) I was not stationary at the time of impact
    2) I was overtaking a vehicle which was stationary.
    3) I was in the middle lane (ie overtaking to the left of the middle lane)
    4) My bike was not damaged, her mirror broke off and there are a few scuffs from my jacket on the door panel below the window.

    After I'd pulled over and exchanged details I said I would like to be contacted first regarding the damages to the vehicle before any decision was made to claim off insurance (I am fully covered, didn't think to ask the other lady), as I was almost certain that I would come off worse in this one, and should cop the lesson sweet. She said it was fine, we exchanged details and she tried to drive off with my license.

    She claimed that I could not be trusted and needed some sort of security if I didn't want her to go straight to insurance. Eventually dragged another bloke off the road to get that sorted.

    My question now, if you couldn't guess it, is would it be worth pursuing 141(c) to get out of paying for the damages. There are no witnesses to support what I'm saying (which is what happened, not some poor biker spin).
    What costs are associated with taking it to court if that's what it came down to? Would I need to file a police report for this? Anything else that I've missed?

  2. So she hit you from behind, on the right, with her mirror? Is that right?

    Sounds like a sticky one...
  3. "She claimed that she could not be trusted and needed some sort of security if I didn't want her to go straight to insurance."
    Lost me there.

    I'd just pay. You hit her. I don't understand where 141(c) will help you?
  4. She hit me. I was in front, her mirror hit the back of my elbow.
  5. I understand that. The problem is 141(c) is vague at best and at worst if she pushes the point the plod would probably say that it was "unsafe" to pass.
    Try by all means denying fault, but you WILL end up in a fight with her insurer.
    Depends how far you want to push.
  6. Depending on the damge and therefore cost, it may be cheaper and easier just to pay for the repair and not involve the police or insurance companies.
  7. Were you filtering while the traffic was still moving ?

    I dont understand how you can be hit from behind if you were filtering, the cars on your right must have been moving faster than you to have hit you from behind.
  8. Well it wasn't illegal for me to get there the way I did, assuming that would be her defence. I got to the front, then I got hit. Theres no way she can get around that, I was in front - bruise on the back of my elbow, scuffs on her door behind the mirror (ie it was pushed back onto the panel).

    I understand what you're saying tramp, and to be perfectly honest regardless of the contents of this thread I'll most likely be writing a cheque when I get that quote from her. 1k excess plus the possibility of neg riding. It was a shitty 90s ford laser and I'm only excepting a bill for a couple of hundred, which works out much cheaper for me than the other options.

    Was just weighing up my options if she came to the party with 800 or so written on the quote.

    Was about to put my leg down and the lights changed, I hadn't passed the white line before I'd gotten hit.
  9. Right.. got ya now
  10. Darn.

    Mate if you'd been sitting there and could rightfully expect her to have seen you, I'd be on your side and encourage you to ream her, but claiming pole position means you've got a duty to get off the lights quick as soon as they change.

    I bet it scared the shit of you when you got whacked eh?

    You got off lucky I think if you've just copped one on the elbow. If there's a ding in her door as well as a busted mirror, get ready for 800bux.

    Trying to take off with your license cos you can't be trusted is a new one to me, never heard of that before. Maybe have her charged with identity theft ;)
  11. if I remember the wording of 141(c) it says something about 'if safe to do so'.

    If I'm right about that, then I reckon you'd lose in court. I'm being a cynic not a law expert mind you, but it's not hard to imagine a lawyer arguing that "since my client couldn't see you due to the passenger side pillar, and since you were hit by her car, it clearly can't have been safe now, can it?"
  12. I think I'm missing something here, if she hit you, from behind, is she not at fault?
  13. Nobody has asked yet - was she by any chance on her mobile phone when she hit you ? Seems very wierd that she ran into you while you were ahead of her.

  14. correct me if im wrong, but arnt you supposed to overtake to the right, also need to use your indicators to say you are overtaking?
  15. So to clarify, you WEREN'T hit WHILST filtering.

    You were hit WHILST you were stopped at the front of the lights. The filtering does NOT come into play here, only that SHE hit you from behind, thus she is at fault.

    Were you fully in your lane, or inbetween to?

    Either or, infront means you have right of way.

    Being hit from behind immediately puts the other driver at fault as they should have seen you and stopped safely (some crazy circumstances can change that, but not in this case as far as I'm aware).

    Tell the insurance she hit you from behind, because that's what happened.
  16. She wasn't, as far as I know. I wasn't directly ahead of her but my foot would've been in front of her car when I went to put it down.

    EDIT: Reread the OP - I know I was moving when I was hit. I never really stopped, slowed down and foot out but the lights changed.

    Another question - what are the ramifications of her handing it over to insurance but me dealing with it directly? Surely if I detail that I was hit behind they'd back off? I do have a photo showing that the mirror scuffed the door in a backwards direction, indicative of her moving forwards relative to me.
  17. http://www.legislation.nsw.gov.au/viewtop/inforce/subordleg+179+2008+fn+0+N
    I well aware of the problems "safe to do so" will cause, but it'd be irrelevant once I can show that I was in fact in front of her, right?
  18. Actually it does into play that he was filtering

    cant remember the exact term from my law class last year but it was something to do with with a latin term that means "had it not been for"

    It is used a lot in legal issues

    had it not been for the illegal movement of the said motorcyclist through traffic this incident would not have happened

    contributory negligence
  19. What you're saying is that she was stationary when you passed her. If that's the case then get some photos of the bruise first up and medical advice that it could only have happened if you were hit from behind.

    Then go and get some legal advice - lay out the facts and ask them what they think. But find someone who understands traffic law properly. One visit to a lawyer could save you a lot of money. You may even get the first visit free.

    Asking for advice here is all well and good - occasionally you'll even get good advice :)

    But when it comes to something like this there's no replacement for a real lawyer... Just make sure you choose him/her carefully.
  20. IMO it sounds like any other option than trying to resolve this in am amicable fashion could potentially open up a can of worms for you.

    It doesn't sound like an argument you can win. I would suggest taking it on the chin rather than the risk of further costs and/or legal ramifications.