Who's to blame ???

[IwannaCerbie]

Had a wee prang the other day. I was sitting indicating right as far as was reasonable toward the outside of my side of the road to allow traffic to pass on my inside (which was not moving BTW). As a gap in the traffic appeared, I had a quick look in the mirrors and pulled off. Next thing a biker appeared out of my blind spot and bounced off my offside door and wing causing panel trashing damage with his pillion pegs and other protrusions. Thing is, who's to blame ??? I would imagine that maybe I should have seen him, but WTF was he doing passing on my outside??? Madcop? anyone?..

[CleG]

Sounds a lot like that "watch out bike" tv advert
not sure on the blame factor though .. i think it may be 6 of one and half a dozen of the other in the Law's view. Madcap will confirm I am sure

IMHO .. i dont know why "some" bike's, cycles do this manouver .. it seems like an accident waiting to happen.

[yum]

Happens a surprising number of times. Logic would say the motorcyclist, but logic is not necessarily the determinant.

Saw exactly the same thing not so long ago. Bikers think that they own that three feet wide lane down the middle of the road. He won't do that again.

Just hope there were no injuries.

[Niggle]

He was overtaking at a junction and you pulled out with out looking properly, so the insewerants will probably split it 50:50.

That said the biker was a knob for overtaking at a junction, even worse than pulling a wheelie.

[mondeoman]

So you were turning right across oncoming traffic, sitting towards the middle of the road (as dictated by the Highway code), signalling your intentions clearly ..... - he was behind you , travelling down the outside of the q....

His fault AFAIC.

[Gargamel]

If you are in the middle of the road - indicating to turn right and you collect a biker trying to overtake you on your right hand side - It is quite clearly the bikers fault

i assume this is a right turn at traf lights or similar.

I have a bike licence, this is poor observation by the biker - and his fault. But I agree unless pressed the insurance is likely to be 50 50.

[M@H]

Bike's fault if its as you describe... afterall .."never overtake at a junction"

[moreymach]

I was always under the asumption that the overtaking vehicle had to look out for its self.. that 'Bkie' advert had always wound me up for that reason.. bit like the one with the child running out accross the road and being hit by a car.. accident caused by stupid behaviour by a third party but lets blame the car driver anyway...grrrr

[MikeyT]

Don't think it was at a junction by the sound of it – you were just turning right.

It was the bike's fault 100% – that's what logic dictates.

[Whoozit]

I'm a biker, I commute 25 miles through London every day. Going on what you posted, you took reasonable care. The biker on the other hand appears to have ignored the obvious warning signs.

The only bike accident I've had involved a car crossing a one way road against the flow of traffic to go through a NO ENTRY sign. I was in a clear lane with no other traffic. Very few warning signs there, I think

[IwannaCerbie]

Thanks guys, I was fairly sure that it was his dozy fault, but unfortunately, at my age (27) insurance companies in Ireland would f**k me sideways for being within 20 feet of an accident, especially as there is a question hanging over the blame. I drive a 1.4 Civic and my insurance is over 1500 quid with 3 years no-claims. I'd love to see what they'd hit me with if they got wind of a claim coming their way. They are notorious for removing NCBs immediately and then hiking the premium beyond all recoginition at renewal time. BTW, the biker was fine.

[wpresland]

Any witness'??

No, thought not...

What a shame. I volunteered to be a witness once, to an accident at a junction in Portsmouth. Boy racer (with green tinted fog lights) jumps red light and hits a Taxi. Fairly obvious who's to blame.

It took over two years to sort out, and it went to court.

The sad fact is, I really wish I haden't bothered....

[shnozz]

Unfortunately you will probably find a Court would award split liability on a case such as this. I am experienced in legal cases such as this.

I cant figure out if the accident occured at a junction. If it did, the biker can be criticised in accordance with the Highway Code for overtaking at a junction.

Secondly the biker can be criticised for failing to notice your right indicator (which I assume was flashing?). Without witnesses, it will probably be alleged that you were not indicating by the biker anyway.

Speed in which the biker was overtaking may also be a factor. But again, without witnesses this will be difficult to prove - unless skid marks or area where damaged bike ended up, assist in proving he was going quick.

BUT - it will always be argued that you should have been aware of his presence in your mirrors. If you were aware of his presence, you shouldnt have turned. If you werent aware of his presence, you should have been.

the Courts can come to some ludicrous decisions :angry: - I have heard many. If I were a betting man, I would say the likelihood is between a 50/50 or 2/3/1/3 in your favour.

Please no angry come backs to my comments (as has happened before). I am trying to be objective drawing from experience. Its not my personal views. The law is a funny thing and some decisions can only be described as strange - its not always logical.

Best of luck anways. If you do have any queries, e-mail me through PH