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[NSW] Had a minor accident, was I at fault?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by smileedude, Nov 3, 2008.

  1. I was stopped at lights behind a ute, a truck was beside me in the next lane with a large gap in front of him. There was a gap i could fit through quite easily between the front of the truck and back of the ute. The traffic lights were red and were not gonna change for atleast 30 secs. I decided to go through the gap to get to the front of the queue. The truck had been stopped for a little while. As i went the truck accelerated quite quickly and his wheel arch hit my bike and did some reasonable damage to me (hopefully not too pricey) and bent his wheel arch. The driver made it clear that he thought it was entirely my fault. There was clearly some old damage on his arch already as there was paint missing with rust underneath and I'm guessing hell probably get alot more fixed then what was caused in the collision. Am I compleatly liable for this situation?

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  2. Well mate you might be surprised.

    This is one of those accidents where both parties are technically at fault as he knew you were there but accellerated in a bid to (what appears to be to) cut you off from passing.

    And on the flip side, you were in the wrong for being there to start with.

    I have a friend who was recently involved in an accident whereby both parties were at fault. He was changing lanes giving plenty of indicated notice, but the car in that lane a bit further back decided not to stop.

    So, he changed lanes and the car behind didn't let him in. Bang. Driver of the car that failed to give way basically made it clear that he thought my mate was at fault. Turns out it's a "Both parties at fault" claim and they both have to pay the excess.

    So, speak to your insurer and you might find that this guy will get his own back in the form of no free repairs on his box of shit truck.
  3. was the truck on your left or right and did you use your blinker ??

    if the truck was on your right he will argue he couldnt see you and would not of been expecting a vehicle to drive through the gap
  4. The way he drove into me and the way he behaved afterwards indicated that that he saw me and wanted to stop me cutting him off, he was to the right of me and I hesitated for half a second while i was in the gap with my front clearly visable to him. However i dont think there is anyway I can prove that. I was doing something silly anyway. I think i'll just cop this one on the chin, hope he doesn't try and get more then his damages. I have third party property anyway if he wants to rip me off too badly. There was already a lot of rust and scratches on the wheel arch. Damage to the bike will be far less then the coset to replace my back tire which the guy at the shop noted needed changing when i brought it in to get the damage assessed.
  5. Report it to the cops and asked to have him charged. It will be your word against his most likely and regardless of "fault" if you cause him enough trouble, he may decide to just drop it. He certainly should not be using his size to purposely try and cause you to come to grief, I think that would be willful endangerment or something yeah, driving with intent to smash into someone to teach them a lesson?
  6. It would depend on what size truck it is , as it could be said you where in a blind spot when you tried to get past. Many times in the syd cbd a bike has sneaked past at the last minute , hidden from view. Also take some photos of the damage to your bike , before you get it fixed , if you intend to cop it on the chin , that way if it comes to it , you have a record of what damage was done to the bike and an insurance assessor can tell if the damage to the truck was caused by you or not.
  7. I'd be keeping my mouth shut...and certainly wouldn't be reporting it to the cops.
    The way I read it, smileedude was lanesplitting up the left hand side of the truck? If this was the case, smileedude might cop a fine for passing illegally and/or changing lanes when unsafe to do so.....
  8. If he deliberately run into you that is a pretty serious offense. It's not just a ticket, but it's him being dragged into the police station and charged and facing gaol time.

    Having noted that, there is no way you could proved he did it deliberately, so the cops wouldn't pursue it. So by going to the cops you is only going to open the possibility of you getting a ticket yourself.

    One thing you did gain out of it is a lesson. Never dodge in front of trucks. There is a good chance they can't see you, and a reasonable proportion of truck drivers are not only not very bright, but they have limited regard for other road users well being.

    If you were completely within the lane when he hit you and he was stationary when you started the maneuver, then send him a letter of demand for the damages. Just because you could fit into a gap that a car couldn't doesn't mean that you had no right to be there. Use the argument that he run into the back of you.

    I don't like your chances however.