hillfamily Posted September 16, 2008 Share Posted September 16, 2008 So sorry to hear about Brian's accident - hope he recovers quickly Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted September 16, 2008 Share Posted September 16, 2008 He is very stiff & sore, & it looks like he will have some pretty spectacular bruises in a couple of days. Get him on the aconite. Quote Link to comment Share on other sites More sharing options...
chelsea Posted September 16, 2008 Share Posted September 16, 2008 Best wishes Brian for a speedy recovery. Quote Link to comment Share on other sites More sharing options...
Goosey Lucy Posted September 16, 2008 Share Posted September 16, 2008 Hi, I can't help with the legal side of things, I just wanted to send my best wishes for a speedy recovery to you both as I'm sure you're very unsettled by the shock of what might have been. Quote Link to comment Share on other sites More sharing options...
chickencam Posted September 16, 2008 Share Posted September 16, 2008 I too know nothing of the legallities, but wish your OH a speedy recovery. thank goodness it was all low speed Quote Link to comment Share on other sites More sharing options...
Paola Posted September 16, 2008 Share Posted September 16, 2008 I would have thought that the car was at fault - I would never move out from a junction on the say so of another driver - it is your responsibility to make sure that your exit is clear - even if she did proceed you would do it slowly and carefully until you could clearly see around the van. As far as the bike is concerned I don't think he was at fault but I'm sure someone on here with a police background maybe able to advise. Hope he's feeling better soon Susiepoos is right. I had the same accident on my motorbike a few years ago and it was the car that was at fault. I ended up on the other side of the road, thankfully nothing was coming the other way I do hope that you OH feels better soon Sarah, best wishes x Quote Link to comment Share on other sites More sharing options...
bronze Posted September 16, 2008 Share Posted September 16, 2008 Its a toughy One one hand you have the drivers fault according to what OMB pasted and on the other the bikers who shouldn't be overtaking alongside a junction DO NOT overtake where you might come into conflict with other road users. For example approaching or at a road junction on either side of the road I'm assuming I understand the situation though Meant to say glad hes ok Quote Link to comment Share on other sites More sharing options...
Aunty e Posted September 16, 2008 Share Posted September 16, 2008 Hmm. This happened to me on my bicycle once. I wasn't hurt, but my head left a dent in the other person's car, and their insurers chased me for months (not terribly hard admittedly) for the cost of repairing it. I wrote repeatedly telling them it wasn't my fault (which it wasn't) and pointing out that the dent was the size of my hand, and did NOT cost £1000 to repair and they should be ashamed of themselves for ripping off their customer that way. Hope hubby feeling better, it's not nice getting back up on the bike afterwards. Quote Link to comment Share on other sites More sharing options...
jlo Posted September 16, 2008 Share Posted September 16, 2008 He will be very sore for a few days so I also hope he recovers quickly. Sorry - I did mean to say that in an earlier post! Quote Link to comment Share on other sites More sharing options...
Willow Posted September 16, 2008 Share Posted September 16, 2008 Hi Sarah Hope he's feeling better soon - what a rotten thing to happen. Afraid 'who is the blame' when the insurance companies get involved may depend on the insurance companies. My husband had a woman back into the passenger door of our previous car and she admited liability at the time. That evening her husband rang with insurance details and claimed it wasn't her fault. Her insurers insisted on doing it knock for knock even though given wheels point forwards and even at max turn do not take a car at right angles ! so it would have been physically impossible for my husband to have hit her given the position of dents in both cars. We argued and wrote letters complete with diagrams proving it wasn't possible for the accident to have happened the way she(her husband) was claiming and asking them to explain how it could have been physically possible but they didn't budge and our insurers couldn't be bothered. Quote Link to comment Share on other sites More sharing options...
Seagazer Posted September 16, 2008 Share Posted September 16, 2008 I hope he recovers quickly, it must have been quite upsetting for you all - my hubby is a new bike rider and it scares me when he goes out. My dad was a motorbike instructor and even he had an accident with a car pulling out on him and he went flying over the bonnet. Luckily he wask ok. Quote Link to comment Share on other sites More sharing options...
Redwing Posted September 16, 2008 Share Posted September 16, 2008 I would have been much happier if the Police had come,just to look at the situation If anyone gets caught in a situation like this and thinks that the police should genuinely attend then say your car/bike is blocking the road and you can't move it - they will always attend then to sort the traffic out I'm sure the insurance company will sort it, I personally think its the cars fault but my only reason for thinking that is that he car didnt have the right of way! Look after your hubby I hope he gets better soon! Quote Link to comment Share on other sites More sharing options...
abwsco Posted September 16, 2008 Share Posted September 16, 2008 OMG Sarah, what a shock! Hope your hubby recovers quickly. Quote Link to comment Share on other sites More sharing options...
ChrisP Posted September 16, 2008 Share Posted September 16, 2008 Something similar happened to my mum last year, only the stationary car decided to turn up the side-street with no warning. In this case, the car driver was at fault, no questions asked really. I would say it was the driver who came out of the side street, because they did not check up the street before pulling out But i'm no expert! Even at 10mph it's surprising how much the rider can be hurt isn't it?! Hope your husband's OK soon Quote Link to comment Share on other sites More sharing options...
Janty Posted September 16, 2008 Share Posted September 16, 2008 It surely has to be the car driver's fault. The car was turning out of a side junction on the say-so of another driver without paying due care to the road. If you turn out of a junction and hit something then it has to be your fault I would have thought. Quote Link to comment Share on other sites More sharing options...
missuscluck Posted September 16, 2008 Share Posted September 16, 2008 Hope he gets better soonxx Quote Link to comment Share on other sites More sharing options...
Rona Posted September 16, 2008 Share Posted September 16, 2008 Hope your OH is feeling better and not too sore and stiff. Don't know about the legal side of it but I would say the car driver is to blame. Hope it all gets sorted out soon without too much more stress and aggravation. Quote Link to comment Share on other sites More sharing options...
Karen & co. Posted September 16, 2008 Share Posted September 16, 2008 I hope he is on the mend What a horrible thing to happen Karen x Quote Link to comment Share on other sites More sharing options...
The Brown Clan Posted September 16, 2008 Share Posted September 16, 2008 I'm sure it's the car drivers fault , if turning from a side road into traffic even stationary traffic, they should be looking before manouvering their vehicle regardless of other drivers telling them its ok to go. I'm sure the insurance company will sort it out though, Sarah and I hope hubby not too sore today . Mel x Quote Link to comment Share on other sites More sharing options...
KimmyCustard Posted September 16, 2008 Share Posted September 16, 2008 (edited) Susiepoos and Kate in NZ are exactly right (have checked with OH who is a policeman) and it would be the car driver who is at fault for pulling out from a side road onto a main road, without using due care and attention. NEVER take another driver's signals that the way is clear, it may well be but as in this case, the van driver didnt see Cinnamon's OH! If anyone has an accident - and is injured,even if its a bump - then dial 999 and the police will attend. Lots of people assume that a bump is just that (and luckily it usually is) but we have dealt with incidents where the person injured didnt ring police as they didnt consider themselves injured enough ( ) and went home. They have later developed clots, haemorraged and a few have died. If it is a 'damage only' which is for eg: a person backs into your car or "Ooops, word censored!"ody involved has any injuries whatsoever, then details should be exchanged and your insurance companies will argue amongst themselves as to who is to blame. Thats what we pay those astronomical prices for, every year! Hope your poorly man is better soon, ask him to chook watch for you, that'll make him feel better! Kimmy x PS I should clarify that the above applies to those that live within the Met Police's jurisdiction and not the county forces, we all do things differently! Edited September 17, 2008 by Guest Quote Link to comment Share on other sites More sharing options...
cammy73 Posted September 16, 2008 Share Posted September 16, 2008 All injury RTC's are attended by West Midlands Police whether an ambulance is required or not... But I agree with whats been said, its the car driver who pulled out's fault... Hope Brian is feelinga little better... Sharon x Quote Link to comment Share on other sites More sharing options...
