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[Vic] Another crash

Discussion in 'Politics, Laws, Government & Insurance' started by Nakkas, Sep 18, 2007.

  1. On the way home from Uni I got into a crash. I was filtering along slow traffic/stopped. Once it got moving I took a car spot and started travelling in a normal car spot.

    I'm in the blue and I was going along until I saw this Mazda pull in front of me and just slam on their anchors.

    I emergency swerved and managed to swipe their front bar and scratch the side of my bike. They said they saw me and stopped.

    He was stopped over two lines of traffic (no keep clear sign) just a give way that he's facing.

    I'm not at fault am I?

    By shounak
  2. No of course not.
  3. Maybe your insurance company can tell you ?

    I think that, considering that they are supposed to give way to oncoming traffic ( including bikes ) when they pull out that they are at fault.

    But its a guess
  4. Interesting situation this as the car was "given" a gap by the other vehicles occupying the available lanes but the rider created an extra lane??

    Just another example of the dangers of Filtering and lack of official direction to it's legality or lack of.
  5. I think this car made his own gap. He pulled out in front of slow traffic and failed to give way to oncoming traffic.

    My interpretation is that I can keep going forward in my lane no matter what. A perpendicular car can't just wait there indefinitely.

    I also didn't create my own lane. I wasn't alongside any car when the crash happened, nor was I on lines. I was riding in the right wheel track of the middle lane.

    It's sounding like it'll be in my favour.. Different opinions would be good though.

    Try shoot me down..
  6. definitely not your fault, silly buggers just don't look :evil:
  7. I might get flamed for saying this, but I will.

    I reckon it's your fault. Not legally in a way that affects insurance, but that it's YOUR responsibility to understand that when you approach scenarios like that to be extra careful. You weren't able to avoid it, when means it's your fault. There's no point in being in the right if your bike is smashed and you're lying on the road injured.
  8. Well, Stew is right that you should have been more vigilant in slow moving traffic, watching for traffic entering from every side road. It's a classic way to get cleaned up, however. . .

    You are completely in the right legally, and they should be fixing your bike. Whether others made space for them or not, they had a give way sign, and failed to obey it. As long as you didn't hit the rear of their car, (in which case you failed to stop), then they have no claim on you. Sounds like you hit the front, so all is good.
  9. A friend of mine had a similar accident and was paid in full.
    the other driver also copped a fine.
    You are safe as houses.
  10. Very good point, i meant legally. As u say if ur injured or worse then the real concern is not who's legal fault it is but how u are. In my car i've very nearly been cleaned up in a similar manner, had to mount the driveway that the person was turning into to avoid them, however i should have been going slower and if anything had have happened i would have felt in the wrong even though legally in the right.
  11. I wasn't injured at all, just a bit shocked after. I went to the police station tonight to give a report, just so I wouldn't be furiously fighting his story once he told his insurance company. I can imagine it would be an uphill battle, contesting his chain of events, months after.

    So the police took all the details of the crash, including both of our details and told me they'd follow it up. Basically, they're going to right him a ticket for "Failing to Give Way" and the only way this will hit the fan is if he takes it to court.

    The cop who took my information said everything should be alright, it seemed pretty clear cut to him.

    Hopefully the splitting thing won't come up, because I was in a single lane by myself at the time of the crash..
  12. And yes I do agree with you also. When I started riding, I would scan each perpendicular road like there was a hummer waiting to ram me.

    I guess it was just being more comfortable with the road (in a bad way) which led to the lack of prevention of this accident on my behalf. If he didn't stop when he did, I might have hit the side of his car and gone flying. This situation is much better.

    So for anyone reading this, who is going to be tackling traffic. Scan side roads for idiots..
  13. Why even bother telling them you were splitting? At the time of the accident you were in the lane travelling normally. Just because the cars nearest to the red car allowed room to pull out into the traffic out of their generous courtesy, doesn't mean that you nor the cars in your lane need to do so. The red car is supposed to give way.

    I also agree with Stewy :shock:
  14. Apparently no-one is at fault. Cops rang him and he said I was splitting and that's the reason he didn't see me.

    I say that he was failing to give way and he said that every car was stopped and that he took due care and every car let him in.

    Cops refuse to apportion any blame due to no evidence and said we'll probably just have to pay each of our own damages. WTF..
  15. IMO this means the guy in the car was smart. as there were no witnesses to back up either story at the police station, he just said you were doing something that you shouldn't to absolve himself. he probably saw you do it earlier??? and since you admitted to splitting earlier there's no way for sure to say that you weren't at time of accident.

    just my 2c
  16. I Say BullSh!t
    He failed to give way.
    I would request further justification from the cops.
    You were not splitting at teh time of teh incident.
    He was forcing himself out across multiple lanes where he was meant to give way, so he was already failing to give way before you even came into the equation.
  17. Get yourself a legal opinion asap. Do not rely in the internet to provide the answers. A small fee upfront now to get an opinion may save you lots later.
  18. Take it through insurance. The police will not apportion blame if there are opposing stories. When this is the case the very basics of road law come into play and he has no power to argue them unless he has a witness. The basics in this case are that he pulled out of a T intersection and you collided. He legally had to give way.

    You have nothing to worry about. From an insurance perspective he should've given way, and that's the way it will stand regardless of stories (even with his insurer given those circumstances). Just tell them you were in a lane and the idiot pulled out, obviously not seeing you due to the other cars.
  19. Probably a case of SMIDSY. But the driver says your were splitting to get him off the hook.
  20. Exactly. It's what we pay premiums for. Lodge your claim stating what happened, etc. Don't mention "lane splitting" as it's not relevant and can only hurt your case. Let the insurers slug it out.

    This means that you get your bike fixed earlier. If, later on they rule against you you can either cop the increased premium, or appeal it via the insurance industry ombudsman.

    Good luck.