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Thread: Over Taking Motorbike Hit The Front Of My Car.. Whose Fault Was it??

  1. #1
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    Question Over Taking Motorbike Hit The Front Of My Car.. Whose Fault Was it??

    Hey, Iím really wanting some in the know opinions on whose fault this crash Iíve just had was. I was in my car down the beach yesterday looking for a parking space on the right hand side of the road, I was probably doing about 10- 15mph at the time I turned to the right to go into an available space at the front of a row of parked cars. Anyway, suddenly a bike comes out of nowhere over taking me and hits the front of my car, ripping the bumper and plastic body kit almost completely off and also putting a dent in the front wing. The biker was very lucky as he managed to stay on his bike and wasnít injured Ė Neither was his bike damaged, only my Toyota Celica!

    Now Iím obviously wanting to know for sure whoís fault it was, I put my hands up - I donít think I was indicating, Generally because I would have looked in my mirror and saw what I thought to be nobody behind me. I had my music on loud so couldnít hear the bike.
    I kinda felt afterwards that it was maybe both of our faults, I should have been indicating but I donít believe that he should have been over taking, He certainly didn't like it when I suggested sharing the costs of getting my car fixed though and kind of hurried off! .. So what do people think? Who was the one most at fault?

  2. #2
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    Quote Originally Posted by GStarLaw View Post
    Hey, Iím really wanting some in the know opinions on whose fault this crash Iíve just had was. I was in my car down the beach yesterday looking for a parking space on the right hand side of the road, I was probably doing about 10- 15mph at the time I turned to the right to go into an available space at the front of a row of parked cars. Anyway, suddenly a bike comes out of nowhere over taking me and hits the front of my car, ripping the bumper and plastic body kit almost completely off and also putting a dent in the front wing. The biker was very lucky as he managed to stay on his bike and wasnít injured Ė Neither was his bike damaged, only my Toyota Celica!

    Now Iím obviously wanting to know for sure whoís fault it was, I put my hands up - I donít think I was indicating, Generally because I would have looked in my mirror and saw what I thought to be nobody behind me. I had my music on loud so couldnít hear the bike.
    I kinda felt afterwards that it was maybe both of our faults, I should have been indicating but I donít believe that he should have been over taking, He certainly didn't like it when I suggested sharing the costs of getting my car fixed though and kind of hurried off! .. So what do people think? Who was the one most at fault?
    You were pootling along at 10-15 mph without signalling - why would the biker not overtake? Would you expect him to stay behind you for ever?

    Then by your own account you didn't check your mirrors or blind spot, didn't signal, and coudn't hear anything?

    I think it wasn't only the biker who was lucky ....

  3. #3
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    Quote Originally Posted by GStarLaw View Post
    suddenly a bike comes out of nowhere
    Quote Originally Posted by GStarLaw View Post
    I had my music on loud so couldnít hear the bike.
    I would advise not quoting either of the above sentences to the insurer, as it makes it very clear you weren't paying attention.

    Quote Originally Posted by GStarLaw View Post
    He certainly didn't like it when I suggested sharing the costs of getting my car fixed though
    I can't stress enough how much of a bad idea it is to do this rather than go through insurance, when another person is involved!

    The other person will come back later, having "discovered" that their bike actually was damaged and they just didn't realise before. They will provide a grossly inflated quote for repair. Then in a while, after you think it's all settled, some "whiplash" will magically occur and they will go after you for that. It will often cost you more than any insurance increase.

    It's one thing fixing it yourself and not declaring where only your car is involved. Totally different matter when it involves another party. You will likely also find, whether you claim or not, that you are required by your insurance policy to inform them of all incidents. If they find out later, they could hugely increase or void your policy.

    Quote Originally Posted by GStarLaw View Post
    Who was the one most at fault?
    I'm in two minds about this. You've admitted to not paying much attention, with the loud music and the biker "coming from nowhere", which cannot happen. Plus you didn't indicate. On the other hand, it is the responsibility of the overtaker to make sure it is safe to do so - following a car going slowly along a parking area, it should have been obvious that you were looking for a space and might pull over suddenly. Personally I wouldn't have overtaken, but then you did move out with no warning, so they couldn't know, except for anticipating it. Even if the biker was not at fault for your pulling out, their poor anticipation surprises me, especially as they are so more exposed on a bike.

    Let us know how it goes.

  4. #4
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    I think Beelzebub has hit the nail on the head, the car driver is at fault.

    The bike rider may have fallen for the sucker punch but he may have followed the car for a while before thinking an overtake would be OK because the car just appeared to be dawdling along, no signal nothing to let other road users know what it was doing.
    Last edited by wagolynn; 21-05-19 at 19:33.

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    I think the 10-15 mph has been taken out of context, I meant thats the speed I would have slowed down to when I saw the space and thus pulled across the road.

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    But without indicating, and being aware of what was behind you.

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    But if the Celica was travelling at around 25-30mph the biker should not have tried an overtake? Had he stayed behind the car, despite not being aware of what was happening behind him, he could have moved over to the parking space and the biker would have passed on the nearside without a problem.
    It may be different to where others live, but around Dewsbury and Bradford, indicators are not necessary as we all simply guess where the car in front is going. We all hang back a bit and avoid collisions as a result. Its called defensive driving I believe?

  8. #8
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    I think part of the problem may have been there was a slight corner just before the accident happened. Personally I think the guy may have been going at an overly excessive speed and so when he came round the corner I had practically started slowing down to pull across to fit quite easily into the free space at a the front of the parked cars. He's come around at a speed and maybe at an angle in my mirror that I couldn't see (And YES I did check my mirror, I saw what I thought was nothing behind so I didn't indicate (Obviously a habit I have to change!) and BOOM... No matter whos at fault I highly doubt I'll be going through insurance company's, My Celica has been vandalised quite badly over the last year and so its just another load of damage: raising the question: Is it worth a major makeover?? I'll see if I can pull a few dents out 1st!!
    Last edited by GStarLaw; 24-05-19 at 04:55.

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