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Cinnamon

Who is to blame?

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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 :roll: I do hope that you OH feels better soon Sarah, best wishes x

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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

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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.

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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.

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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 :wink:

 

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!

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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

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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 ( :shock: ) 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! :whistle:

 

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! :D

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