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Fazerpod

Joined:

Mar 06

Posts: 262

Fazerpod says:

Overtake wipeout

There are two cars in front of you, and a clear straight road.

As the first car is a bit slow, you decide to overtake both.

But just as you have pulled out and got level with the car in front, he decides also to overtake and pulls out without checking his mirrors, wipes you out and then claims it's your fault.

The insurance company reckon it's 50:50 because there are no witnesses.

Is this usual practice or should I fight it?  I don't think I should end up being penalised because some dick in a BMW did not check his mirrors....:mad::mad::mad:

Any advice appreciated.

P.s. No-one was hurt so just the damage to sort out but reckon it's about 2 grands worth.

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  • Posted 4 years ago (01 September 2011 18:56)

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teamwindsor

Joined:

Mar 11

Posts: 574

teamwindsor says:

cars

The witness would have been the guy at the front and probably would have only noticed an incident in his rear view mirror and from things, sounds like he didn't stop.

I think you are being hard done by, as the other guy was driving without due care. Get a head cam...sorts out all these little issues.

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jaffa90

Joined:

Mar 09

Posts: 9012

jaffa90 says:

damage

Fazerpod,your alive and kicking,what/where was the impact damage on the car and your bike?

I had a similar situation where the third party insurance inspected my car and paid out.

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R100R

Joined:

Jun 07

Posts: 5241

R100R says:

Sorry

It's a grey area with arguments both ways.  Not sure you'll get better than a 50:50.

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fuzzrr

Joined:

Sep 06

Posts: 8579

fuzzrr says:

..

Thats why people seem to roll over and accept the offers put to them. It really is not a grey area.

The car driver has got to show due care and concern before he makes his manouvere. As does the bike rider. The bike rider has spotted a safe overtake, due to the fact the car in front is not indicating or is not in the process of making any signals showing an intention to over take.

The car driver before making an over take, has to go through the process of mirrors, signal then manouvere. He should also check that there is nothing to his right hand side.

Only then, when he is sure, should he pull out and overtake.  Clearly, none of that has been done. Making the car driver 100% liable for causing the accident.

Providing the bike was not speeding, there were no overtaking restrictions or junctions etc, it is not a grey area at all.

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bazablue

Joined:

Mar 10

Posts: 653

bazablue says:

skill

its no use it being someone elses fault when its you in the hospital bed   and there is no such thing as 100% fault...dont be fobbed off though,they 50/50 as its the cheaper option! if ins wont play!Depending on the damage/injury look at the small claims court!

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James600zx

Joined:

Sep 07

Posts: 2860

James600zx says:

Overtake wipeout.

Definitely contact this websites legal guy.

It sounds like it was a side swipe rather than a rear impact and as I see it that's key because that obviously couldn't happen on a straight road unless the driver moved into your path. Even if he claims to have indicated that doesn't mean he can just pull out.

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nickmas

Joined:

Aug 06

Posts: 22

nickmas says:

My opinion.

A friend of regales me with the tale of his secretary, who did exactly as your BMW driver did, she got a nine month ban!!!!

My friend says 100% bikers fault (not bike friendly), so it depends on courts.
I'd go for non fault with insurance, use your legal cover.
Bazablue's way is correct, I assume everyone is out to kill me.

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dccaledonia

Joined:

Oct 05

Posts: 34

dccaledonia says:

Get legal help

Same thing happened to me except it was the front car of 3 that hit me side on.Nothing wrong with overtaking more than one car at a time as long as it is safe to do so.I think the phrase used is you have to be there to be seen,if you were there to be seen and he didn't see you then it's not your fault.Did you get the police involved as their report can work in your favour i.e. damage to third party's vehicle etc?My bike was written off,had surgery on my hand and 9 weeks off work but I recovered all costs and losses eventually.Oh and I didn't have any witnesses either.GET LEGAL HELP ASAP.

[This Reply has been modified by the Author]

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slidersdown

Joined:

Mar 07

Posts: 380

slidersdown says:

fast lane ?

fazerpod are you sure you are an advanced motorcyclist.i never realised there was a fast lane on a dual carriage way i was always under the impression that all lanes were subject to the same speed limit.:tongue:

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Fazerpod

Joined:

Mar 06

Posts: 262

Fazerpod says:

Slidersdown

:wacko: Yes I know there is no fast lane but you all know wot I meant, perhaps I should have said "overtaking" lane.....

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