Mrs Accident. Questions.
Discussion
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?
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 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.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.
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? 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 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.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.
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.
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.
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? 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.
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. 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?
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 b
ks and contradictions on here it's laughable.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 There is so much b
ks and contradictions on here it's laughable.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff