So as I turned right out my works car park today, someone stopped to let me out because the traffic was bad and as I pulled out some wan…… guy on a bike who was overtaking the traffic (on the wrong side of the road) smashed into my side. Luckily everyone is ok, he even managed to stay on the bike and rode off later after details were exchanged. The only things that were really damaged were my car and a small piece of my heart
I’ve never been involved in a traffic accident so I’m unsure of the process. My question is: as the car had been deemed unable to drive it will be picked up next week so it can be inspected by the insurance company, if I get a worse case scenario and it’s written off will I get it back before the insurance company takes it or does it come back to me first? Because if I’ll never see it again I want to put the original stereo back in and take the aftermarket one and speakers that I bought.
Also has anyone had a similar situation? What was the outcome? From my vague description of the incident does it sound like his fault or I’m the liable wan…. guy?
Sorry just to clarify, you where exiting a car park, turning right, using the gap provided by a car in traffic?
“Filtering” on a motorcycle (im guessing its not a push bike) is legal in slow moving traffic as long as the motorcycle/traffic are not moving at high speeds (~15MPH or so IIRC). Typically if an accident is caused while filtering the biker can be 50/50 responsible, depending on the situation.
Biker should have been expecting a car from the gap/car park, its tricky but you also shouldn’t have relied on another car stopping to mean its all clear (its why we’re taught not to wave/give up priority in normal circumstances) .
Is there any dash cam/witnesses? I’d hazard a guess at 50/50 liability or worse in your direction.
Can’t be sure as I don’t have all the info on the accident, but it sounds like 100% your fault if you were coming from a give way position onto a main road and hit someone on the road.
The guy who stopped to let you out has no liability, unless he waved you out. The biker had priority and you pulled out on him.
There may be an argument that the biker had some of the blame if he was travelling too fast, or without due care and attention. Depends entirely on the road, the conditions etc etc.
I had the same accident in Cobham Surrey many years ago when I was the biker. I was deemed to be entirely non fault, but it did inspire me to have advanced training and as a result I would now be positioned well out on the wrong side of the road to maximise my see and be seen potential.
I’ve had one similar (as a biker) when I lived in London, and iirc the person travelling along the carriageway (as I was and irrespective that I was filtering) has right of way, and the onus is on the person joining the carriageway (ie you) to make sure the way is clear, so sorry, it’s your fault.
Glad no one was hurt.
If your car has been taken away the chances are you won’t see it again unless you push.
Just remember it’s your property at the moment, and remains so until you agree something with the insurance company and you do have rights over it and any subsequent repair.
Insurance companies would have you believe otherwise, and in my experience you may have to get forceful with them to get what you want, be that access, a repair at somewhere you choose, buying it back or whatever. Best of luck, and please watch out for us bikers.
Yes that’s right, the only thing I’d say is that I wasn’t so much relying on the other driver for the all clear it was more he provided the space and I took it, didn’t see the motorcyclist on the other side of the queued cars, the annoying thing is the only way to actually turn right when that road is busy is to take a gap someone provides when the lights to the left are on red, I’ve done it hundreds of times! It’s the main road into Ambleside and if you don’t know it, the traffic can easily be backed up for a good mile.
There were no witnesses that stopped, a couple of people slowed down to tell the biker he was the one at fault but there is no actual evidence. Also given the build up of traffic he must have crossed some double white lines to get to where he was when I pulled out but they’re a little further back up the road not too far but far enough for him to claim he didn’t cross them and there is no proof anyway
It’s a frustrating and difficult situation, as a biker these are the kinds of things (and people opening doors etc) you need to be paranoid about. I can imagine it would have been near impossible to see the biker, although perhaps you may have been able to hear them? Luckily no one was hurt and the damage doesn’t look very severe, although im not clued up with regards to potential costs.
As others have expanded on its unlikely you will be seen as not at fault (at least to a certain degree). Its a shame you couldn’t get the details of the person letting you out. If this is a common occurrence/busy car park it may be worth asking the council to add hatchings or other measures to make it safer during busy times.
I hope you’re able to get the car sorted without too much of a hit to the wallet, or at very l least get the parts you want. might be worth pricing up the quarter panels + door both new and from a breakers to get an idea of how much a repair could cost, assuming airbags/nothing else is damaged.
Damn it’s not looking good for my case, there’s little hope but no proof! From my point of view justified or not it’s 50/50 blame worst case, he may have been going too quick but there’s no way to say as I didn’t see him until he hit me and my view was obstructed by the traffic which I assume is a fact that wouldn’t do me any favours.
Another annoying factor is that I’m always considerate of motorcyclists I just couldn’t see him over the traffic. I rode a push bike for years so I’ve had my fair share of motorists not looking so I make a point of looking out
I’m thankful he reacted as quickly as he did because the angle of impacted only meant he swerved and he ended better off. The situation could easily have been worse
I would consider taking it to a local bodyshop for a written quote to repair. That way you would have something to compare against your insurance company’s quotation. Good luck
It’s what we pay insurance for. It happens and pointless beating yourself up over it. No one injured. None of us are perfect and we are just mortal human beings at the end of the day. Sometimes we get it wrong and just a fact of life. Sort it all out ASAP and move on with life.
Sorry to hear about the damage to your baby. It doesn’t look undriveable to me and I can’t assess who is at fault but you can for sure see your car again. You do not have to let it be taken away until you have had a chance to get it looked at by a mechanic of your choice first. And you can decide to get it fixed without involving the insurance, but they will still raise your premium next year.
You do not have to let them take it away for inspection. You can insist that they send the inspector to you (basically thats all they do when they collect, it just goes to a local garage/compound and they send an inspector there) IT IS STILL YOURS at this time and they do not own until they agree to pay. when they have assessed and they come back to you, you can then either settle for a figure and ask them to come get it, or settle for a buyback figure where you retain the car and pay for its repair. Take out the stereo anyway as it could be classed as a modification
To be honest, it sounds like you’re mostly liable.
Should the insurer say that they intend to write it off, it’s a straightforward matter, in my experience, to agree a figure with them whereby they give you a good amount of money, and you keep the car to organise/do the repairs yourself. Should you wish.
because once it goes to them, you might never see it again even if you try!
ok,
my dad wrote off the family car some years back, it had a private plate.
long story short we were very lucky to have retained it.
basically, once the car is with whoever the insurance sends it to it is up to them as to whether you can come to get your stuff!
and if it is a write off they will want to send it to the breakers as soon as possible and they will not be happy about holding your car for days or weeks to allow you to get your stuff!
also as previously stated any aftermarket kit could be classed as modification!
so take it off and put the old stuff back on!
as to the car. it looks like you need a new wing and door!
easy fix.
it shouldn’t be a write off, unless its warped the chassie! but i doubt he hit hard enough for that.
My concern with it being written off is that’s it’s a cat N anyway so it could be not worth much in the eyes of insurance but I’m not sure if the N even makes a difference anyway. Also the advert where I initially saw the car had a picture of the previous damage and it looked less severe but that was the reason it was written off first time round.
Would it make a difference if he had passed a long line of stationary traffic before the incident because I’m sure he must of and I saw today that there is a cctv camera that would have shown this.
I would also like to say thanks for all the replies, I’m one of life’s worryers and I appreciate the response even if it might not be what I want to hear! In some way it is helping by reducing the “what ifs”
Dont let the insurance take the car as others have already stated you may not see it again and if you did it may be further damaged or missing odd bits… I had that happen to me some years ago. It’s a very easy repair all you need to source is a used wing and door in same colour preferable to avoid paint shop costs I recently had to replace my drivers door and wing due to a dozy c** who ran into it whilst I was stood at the side of the car waiting for her to pass before entering the car…she hit the door taking it out of my hand and it bent round denting the front wing. Took me half a day to remove the bumper wing and door and replace with used items. Difficult part was removing the wiring loom from my old door as the replacement was just a bare door everything else was a dongle.
No…filtering isn’t against the law and unless it shows he is riding recklessly it still doesn’t mitigate your carelessness, just diminishes it slightly hence my 80/20 best case scenario. I know you’re annoyed and clutching at straws, but without any real evidence, you’ll end up having to suck this one up.
The feeling that “white lining”/filtering/splitting lanes by motorcyclists is illegal comes from the tendency for people to think that everyone should join the back of the queue and “wait their turn”; which is what people in U.K. are usually brought up to think.
However, it’s not illegal. Also, it might help for some to realise that if the motorcyclist was in a car, he might well have set off earlier, still be in front and would be adding to the congestion.
I do ride motorcycles and passed my test in early 1975. However, I’ve seen how accidents of this nature can happen and on the few occasions I do go past stationary traffic I’m extremely cautious. Two years ago myself and another biker helped the emergency services for two hours after an accident very like this one was caused by a car driver pulling out of a car park after someone stopped and waved him out. The rider was very badly injured; I don’t know if he survived.
