Mrs Accident. Questions.
Mrs Accident. Questions.
Author
Discussion

Blanchimont

Original Poster:

4,089 posts

152 months

Thursday 22nd March 2018
quotequote all
I'm only getting 2nd hand info here, as I wasn't there, but here we go. Mrs was in an incident between her and a motorcycle.

Mrs was waiting to emerge from a side road, in heavy traffic the other day. She got flashed out by a car (blue square). Before pulling out fully she noticed a bike (roughly where the White Zafira is filtering past traffic). Being half out in the junction, she stopped where she was and ended up roughly where the red square is. She said she was stationary "for a good few seconds" before he hit her door.

Both alright, no injuries etc.
Further investigation found the bike is untaxed since March.

Question I have is that the Mrs insurance company immediately said that it was her fault 100%, and I'm thinking that as she was stationary she should pursue for a 50/50?


The Beaver King

6,095 posts

225 months

Thursday 22nd March 2018
quotequote all
In very simple terms, she pulled out in front of moving traffic and was T-boned?

Her fault.

Anything else is anecdotal, unless she can get a witness statement or dash cam footage proving she was 'stationary for a good few seconds' etc.


anonymous-user

84 months

Thursday 22nd March 2018
quotequote all
A few seconds?

Why would a biker ride into a car that had been there a few seconds?

Unless you have any evidence to the contrary then the simple fact is she pulled out of a side road so is at fault.

Bikers don't ride into people for fun.

Pica-Pica

16,615 posts

114 months

Thursday 22nd March 2018
quotequote all
The Beaver King said:
In very simple terms, she pulled out in front of moving traffic and was T-boned?

Her fault.

Anything else is anecdotal, unless she can get a witness statement or dash cam footage proving she was 'stationary for a good few seconds' etc.

So if she had pulled out, stopped behind a line of traffic and motorcycle hit her, would you say it was her fault. There are many issues here that depend on timing.

poo at Paul's

14,611 posts

205 months

Thursday 22nd March 2018
quotequote all
keirik said:
A few seconds?

Why would a biker ride into a car that had been there a few seconds?

Unless you have any evidence to the contrary then the simple fact is she pulled out of a side road so is at fault.

Bikers don't ride into people for fun.
Presumably the motorcyclist was wearing a white jump suit with stars and stripes on it, and a cape?


anonymous-user

84 months

Thursday 22nd March 2018
quotequote all
Pica-Pica said:
The Beaver King said:
In very simple terms, she pulled out in front of moving traffic and was T-boned?

Her fault.

Anything else is anecdotal, unless she can get a witness statement or dash cam footage proving she was 'stationary for a good few seconds' etc.

So if she had pulled out, stopped behind a line of traffic and motorcycle hit her, would you say it was her fault. There are many issues here that depend on timing.
In that case she would have been hit from behind and it would be the bikes fault

esxste

4,292 posts

136 months

Thursday 22nd March 2018
quotequote all
It sounds like she got flashed to pullout, she started going, caught sight of the motorcyclist, panicked and stopped, and motorcyclist braked but still crashed into her.

You want to know if she should pursue for 50/50.... so the question then is: "how is the motorcyclist at fault?"

Your wife performed a maneuver that caused another road user to take actions to avoid her.

It's 100% her fault.



Wobbegong

15,078 posts

199 months

Thursday 22nd March 2018
quotequote all
poo at Paul's said:
keirik said:
A few seconds?

Why would a biker ride into a car that had been there a few seconds?

Unless you have any evidence to the contrary then the simple fact is she pulled out of a side road so is at fault.

Bikers don't ride into people for fun.
Presumably the motorcyclist was wearing a white jump suit with stars and stripes on it, and a cape?
Or wearing a dash cam. They seem equally eager to have an accident.

poo at Paul's

14,611 posts

205 months

Thursday 22nd March 2018
quotequote all
Brave biker who drives into a solid object just to get a few YouTube views!!!

Gavia

7,627 posts

121 months

Thursday 22nd March 2018
quotequote all
Blanchimont said:
I'm only getting 2nd hand info here, as I wasn't there, but here we go. Mrs was in an incident between her and a motorcycle.

Mrs was waiting to emerge from a side road, in heavy traffic the other day. She got flashed out by a car (blue square). Before pulling out fully she noticed a bike (roughly where the White Zafira is filtering past traffic). Being half out in the junction, she stopped where she was and ended up roughly where the red square is. She said she was stationary "for a good few seconds" before he hit her door.

Both alright, no injuries etc.
Further investigation found the bike is untaxed since March.

Question I have is that the Mrs insurance company immediately said that it was her fault 100%, and I'm thinking that as she was stationary she should pursue for a 50/50?

What do you gain with a 50/50 over a 100% fault accident? You’ll get half your excess back, unless you’re chasing an injury claim.

LarsG

991 posts

105 months

Thursday 22nd March 2018
quotequote all
She pulled out into oncoming traffic, he hit her, case closed. If a car flashes you to come out of a junction it is still all on you.
You must be able to emerge safely. I sympathise, but the seconds delay will cut no ice.


LarsG

991 posts

105 months

Thursday 22nd March 2018
quotequote all
Bike untaxed, rider might not have insurance, bike might not be mot'd. Rider can be prosecuted for no tax, a small fine and back payment.

Gavia

7,627 posts

121 months

Thursday 22nd March 2018
quotequote all
LarsG said:
Bike untaxed, rider might not have insurance, bike might not be mot'd. Rider can be prosecuted for no tax, a small fine and back payment.
Doesn’t alter the outcome of the accident or claim though.

LarsG

991 posts

105 months

Thursday 22nd March 2018
quotequote all


Drawing the vehicles positions like this can determine the direction of travel and make it easier to determine what had happened

LarsG

991 posts

105 months

Thursday 22nd March 2018
quotequote all
Gavia said:
Doesn’t alter the outcome of the accident or claim though.
Nope not in the slightest, but gives a little comfort knowing there is a little karma about.

cmaguire

3,589 posts

139 months

Thursday 22nd March 2018
quotequote all
Gavia said:
Doesn’t alter the outcome of the accident or claim though.
No, and somewhat amusing how everyone is saying it's her fault here yet in a thread not so long back where a woman pulled out from a side road in front of a slowing lorry to turn right and crashed into a car overtaking the lorry there were no end blaming the overtaker on the main road.

There is so much bks and contradictions on here it's laughable.

kingswood

160 posts

106 months

Thursday 22nd March 2018
quotequote all
prob guna get a touch as if its not taxed he shld have just got up and left

Gavia

7,627 posts

121 months

Thursday 22nd March 2018
quotequote all
kingswood said:
prob guna get a touch as if its not taxed he shld have just got up and left
What does that mean? It can’t be that difficult to write something in English can it?

pinchmeimdreamin

10,892 posts

248 months

Thursday 22nd March 2018
quotequote all
cmaguire said:
No, and somewhat amusing how everyone is saying it's her fault here yet in a thread not so long back where a woman pulled out from a side road in front of a slowing lorry to turn right and crashed into a car overtaking the lorry there were no end blaming the overtaker on the main road.

There is so much bks and contradictions on here it's laughable.
That's probably because they are 2 totally different situations wink

gweaver

946 posts

188 months

Thursday 22nd March 2018
quotequote all
So the motorcyclist was headed for the bus lane?