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VIC Prang query

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by burbleson, Oct 10, 2013.

  1. Hey all,

    Just wondering if someone could give me some indication about liability for a minor prang I had today.

    I was coming down High St in Westgarth toward the city at 11:30ish. The single lane of traffic had come to a stop and so I pulled left to go down between the traffic that had stopped and the cars parked on the side of the road. As I was heading down someone heading north up High turned across my path into Union St and we collided. We both saw each other last minute so the damage was minimal (I managed to stay upright). I cracked a fairing and left some paint on her front bumper.

    They think it was my fault because I was lane splitting but I don't think that's what I was doing at all because technically at the point of the intersection where they hit me, there were no cars on my left?

  2. They failed to giveaway it is their fault.
  3. if you were in the far left of the lane, you would have made it incredibly difficult be seen by a driver coming out of a street to the left.
    Technically, if the driver failed to give way to the right, they are in the wrong. If you say you were splitting/filtering and she knows that you were splitting/filtering then hope to god she admits fault because an illegal traffic manoeuvre trumps a "failed to give way to the right" any time.
  4. The driver turned across traffic without giving way to the traffic it was turning across.
  5. Are you daft? What part of anything I said even came close to me saying the driver is absolved from liability?
  6. What if you were a cyclist?

    AFAIK - Any vehicle entering traffic must give way to all traffic which is currently on the road to be entered.

    • Agree Agree x 1
  7. I think there's a bit of confusion here.
    From a Police perspective, then yes the driver is at fault for failing to give way to a vehicle travelling straight ahead, whilst they are turning right.
    From an insurance perspective, you would both be deemed at fault and blame and what % is up to them.
    Clear as mud?
    Anyway I'm out of here for a while I'm heading up to Justice's territory.
  8. Why is the rider at fault or even partially at fault?
  9. Chester I don't think I was technically splitting or filtering because the 10m or so before the corner is actually an empty lane because you can't park that close to a corner.

    BitSar, I agree, if I was on a pushie I think it definitely wouldn't be my fault.

    I agree Justus, we are both probably at fault, does this mean we just pay our own repairs? I don't have insurance so I hope they don't come after me! (yes yes, spare me the lecture anyone...)

  10. Best you can hope for is for the driver to admit fault, or for you to pay for only your damage.
    I won't give you a lecture about insurance, but paint on a single panel won't set you back too much if they do. I'm just glad you walked away from the prang with all your bits intact.
  11. There's no law against using a lane with cars parked in it. Nobody, including you, should even be mentioning the words splitting or filtering. You were just using a lane that some vehicles can't fit in.

    On a side note, if you do choose to use that lane, *be careful* around intersections and gaps in traffic. Regardless of who's at fault, this scenario was totally avoidable.
  12. They could honestly just buffer it out. If I was insured, it wouldn't be worth the excess to repair anyway. It's more about making me vulnerable to strongarm tactics from their insurer - it was a business car too.

    I was a bit gentle on the brake because the road was greasy so would have stopped no probs in the dry. Regardless, you are 100% right Jack :)

  13. Sounds like this will go to the insurers if it is a business vehicle, and as 665 and Justus have said they will determine the percentage of fault.

    What sort of bike do you ride? Have you ever practised hard braking in slippery conditions? Not having a go at you here, I'm still nervous about heavy braking in the wet and I've been doing some practice lately, so my buffers are my best friends.
  14. #14 burbleson, Oct 10, 2013
    Last edited by a moderator: May 17, 2015
    I'm just on a 250 for commuting. I haven't but this will get me out there for sure now! I will probably go and do an advanced training course when I upgrade.

    This is all the damage I did:

    The more I think about, the more I think I should send them a bill and chance my arm!

    Ta Justus.
  15. This post goes a tiny bit off topic at the start, but brings it home at the end.

    If you're thinking about doing an advanced course (I highly recommend HART) do one now, and do one again after you upgrade. If you can't stop quickly on a little bike you won't be able to stop quickly on a big bike and no one wants to see you dead before you can upgrade.

    I upgraded from a CB125E to a CB400 a month ago, and while the differences are many, I practised quick stops on my 125 all the time, rain, hail (once, it was very loud on my helmet) and gale winds. I once had a rotty snap the lead it was on and dash across the road in front of me, not a car, but not a feather either. I managed to stop nice a quick, and managed to avoid hitting the dog AND the idiot owner running after the dog.

    Pick a bit of road you know, with plenty of vision either side of the bit you plan to ride on, start at about 30km/h and just hit the brakes as hard as you can. I mean it. Hard as you can. This is the only way to know how hard is too hard on your bike, and if you go down you've only gone down at 30, but you probably won't. Do this again in the wet. Before you know if you braking confidence will be up and you chances of being pushed into oncoming traffic by a car coming from the left will be down. If you can, find a mentor in your area or join a group and get some technique tips in person.

    If I had been driving the car, I'd be pretty pissed about you taking the left hand line past the intersection, especially if there was anything already obstructing my vision of the left hand side of the on coming lane (fence, tree, other vehicle, bushes, sun-glare, pedestrian, moth on the window, etc etc etc its an endless list) and I would definitely let my insurer decide who was at fault. If you have their contact details, it might be a good idea to ask the driver what their plans are. As it's a business vehicle it is probably out of their hands but it's always worth asking.

    I've had a few instances where a car has "crept forward" at an intersection to get a better view of traffic, and I've had to do the same myself on a really bad corner. Stick to the centre/right of the lane and you're much easier to see.

    EDIT: That damage looks pretty tame, but a business car is a business car and I'd be getting every tiny scratch taken care of straight away if I wasn't responsible for the premiums
    • Like Like x 1
  16. How is that splitting or filtering?

    • Agree Agree x 2
  17. Even regardless of that Jack, the distance between that little black car at the front and the corner where they hit me is at least 10-15m meaning I was in my own lane for at least that distance when they cut into my path. Careless on my part? No question. Should I have to pay for their repairs? I wouldn't think so.

    Here it is: http://imgur.com/B75u7iU