My youngest son was traveling to college the last week on his 125 Yamaha (we all have to start somewhere). Due to heavy traffic, he was overtaking stationary cars by using the chevroned area (as I often do) that has a broken line. Here is the road: He was travelling at what he says was 20mph (Ok maybe 30mph?) had his hi viz jacket on but that didn't stop a car he was approaching, from making a sudden U turn without checking it was clear, or indicating. My son hit the car when it was across his path and it knocked him off. Police and Ambulance attended, he was bruised between the legs but didn't go to A&E. Couldn't do his weekend job as he was too uncomfortable. So following discussion with the other driver's insurer DirectLine today, they have advised he disputes liability due to the chevrons in the road..... I only took out 3rd party fire & theft due to the crazy cost of fully comp. so it's now down to me and I'll get the bike repaired. I have purchased new lever, tank side panel, etc all at great prices (£35 so far) but the high cost will be the bent forks (frame and wheel look OK). Anyone been in a similar situation with an unhelpful insurance company declining to accept liability? Is this one to just shrug and put down to experience? Get a no win no fee lawyer to at least harass DirectLine? Any advice gratefully received.
Best case I reckon will be 50/50 - he was travelling too fast for the conditions (stationary traffic) and the car driver didnt check before moving Hope he's ok and bike easily fixable
Agree with Bradders. Nobody should be on the chevrons, same goes for the car driver turning. They also have the extra liability of neglecting their duty of care to other road users by checking their mirror. Is your sons headlight the always on kind? If so they would have seen them had they even bothered checking. I have also seen successful arguments that your sons speed was not a contributing factor as the car pulled out so late he wouldn't have been able to stop at 5mph. This is the reason I have a camera on the bike now. They certainly can't come away with no liability so you should be fine. His 3rd party will pay for their car, their insurance will pay for his bike.
Highway code states that you should not enter that area unless necessary and it is safe to do so. If the boundary line had been solid the should not becomes must not. If the line of vehicles was stationary it is necessary to enter the chevrons to overtake and it was safe until the car driver decided to do a u turn. Sadly from a recent experience, the car driver's insurer will be bullish and a solicitor will say it's not worth contesting because it's 50/50 like bradders said. I pursued my case right up until the day before the court appearance when their insurer settled. Andy
Agreed. I'm not sufficiently confident without actioncam (he didn't wear it that day...Doh!) or witness details. The driver could say that he looked, indicated and the bike came from nowhere - must have been speeding!
But that's where the 50/50 comes from, because likewise, had he looked and indicated it wouldn't have happened. 2 sides of the story so 50/50. Young apprentice of mine passed his car test and shortly after came round a blind corner to see a car reversing round the same blind corner. He stopped but the reversing car hit him. Claimed he wasn't reversing and my colleague just ran into the back of him. Very annoying situation that shows why these cameras are everywhere now.
That could throw their speeding, came out of nowhere, argument out. Even if it states 30 and they claim he was braking down from 60, unless there are skid marks he wasn't braking and 30 was his speed
hope your boy heals up ok! Think you gotta put this one down to experience and walk away? If you proceed with action against driver or directline it's just going to cause you more agg,time and most probably expense!As others have already stated its a 50/50 knock for knock at best but the third party has the ace in the hole - your lad was in the chevron no go zone.We all do it cos what's the point in riding a motorcycle and sitting in a queue of traffic like all the other numpties? Good luck chap
Your son was there to be seen. Contact Motorcycle Accident Claims Solicitors - White Dalton who are specialist motorcycle accident lawyers who do no win no fee.
Police didn't have any issue with my son's riding or where he was overtaking. His speed would certainly be in the 20-30mph range in a 50mph limit arae, headlight on, hi viz. Off the record the Police constable said it was the driver's fault but alas I think I will have to put it down to experience. I don't really want to have any claim through my son's insurance de to future premiums. I may contact White Dalton just to see what they think though as there was no substantial injury I have my doubts.
That is an interesting comment by the attending Officer. He clearly saw nothing to contravene the Road Traffic act which blows the drive's Insurers ascertion out of the water. Andy
If the car driver's insurer thinks your son is at fault they will want to reclaim the costs from your son's insurer. Also my understanding is that in the event of an accident even when there is no claim there is still an onus upon you to notify your own insurer. Failure to do so could invalidate future insurance. Talk to the people at White Dalton for expert advice, you have nothing to lose and much to gain.
A work mate was run into a couple of weeks ago, no fault of his own, the other drivers insurance contacted my mate within an hour accepting responsibility, arranged a hire vehicle and repairs to his vehicle and told him there was no need to contact his insurance company saving his no claims bonus. Presumably this saves money not getting the other insurance solicitors involved. Steve
Thanks John. My son's insurer just pointed us towards the other insurer (3rd party F&T, no legal cover) and they have just advised that their driver disputes liability with no suggestion that they'll be looking to my son's insurer to claim against. That would be ironic! They sent a vehicle inspector over on Friday and he said that if they were liable then the bike would most likely be a write-off as most motorcycles involved in an accident usually are. The insurance companies don't like the risk of having a bike repaired. I cleaned the bike up today and it's going to be collected and inspected by my GP Performance locally before they replace the bent forks. Hopefully new fork stanchions and seals will sort it out. I have sent an email with details to White Dalton just to see what they make of it.
I don't know, and have no expertise in the matter, which is why I would take expert advice. I would always contact my own insurance company and not rely upon the insurance company from the other side, they don't work for me and presumably have their own interests at heart. I would also never accept an arranged hire vehicle in those circumstances, there have been too many horror stories of people being landed with the costs of a hire vehicle running into thousands of pounds. If it is the case that there is no fault then no claims bonus is unaffected so there is no reason not to get your own insurance involved. Some years ago I had a salesman reverse out of a parking space and into my stationary vehicle. He admitted liability, asked me not to get insurance companies involved and said his company would take care of the minor damage. I reported the accident to my (wife's) insurance company and let them deal with it, which they did, without affecting no claims. I play it straight and it has never come back to bite me. The one exception was decades ago when I was insured TPFT, was involved in an accident that was not my fault and ended up out of pocket. I have always insured fully comp since then.
