Insurance Liability Question

Hey guys,

Something I have been pondering recently (especially being a novice rider) if someone were to 'cause' you to drop your bike for any reason, say pulls out from a junction and you have to brake too hard to avoid collision or something of that nature. Who is liable when it comes to insurance.
They caused you to drop it but at the same time there was no collision and you just dropped the bike.
I feel you would end up getting told you should of seen it coming and handled it better. Which may be true in some cases but most definitely not all.

[tom_e]

You unfortunately.

[ophic]

No, they are responsible, if it can be proven that they caused you to drop your bike.

I've been fighting a case exactly like this for over a year and it seems like I'm going to have to settle 50/50 as it's basically my word against his. I'd imagine if I had hard evidence eg video it would be different.

Basically even though there is no contact, there isn't really much excuse for poor or non-existent observations, non-observance of the highway code and violating someone else's right of way. But you need evidence.

[phi-dan]

My last crash was exactly that scenario, and it was decided to be the other parties responsibility entirely. All repair costs meet in full, and all kit replaced.

[Bibio]

difficult one. at all times its the drivers responsibility to ensure that they are vigilant of hazards. in fact i seem to remember that a vehicle pulling out a junction is one of the scenarios that is on the hazard perception test. unless your at fault and cause a collision then its your responsibility to ensure that you avoid any other collision, it's the same as crashing into the back of someone due to them slamming the brakes on. now having said that if you do collide with the vehicle pulling out a junction then its their fault for not paying due care and attention and causing the crash.

if you drop your bike on the emergency braking on your test you fail.. simple as. you should be in full control of your bike at all times and yes even in emergency situations of someone pulling out on you, if you drop the bike then its your fault for not being in control. if you collide its a crash and someone is to blame, if you dont then its your own fault for not being in control.

yes its a tough life.

p.s. think of the headache it causes insurance companies when there are 'pile ups'. the poor sod at at the end gets no 3rd party pay out.

[Heorot]

Bibio, in my experience as a handler, in a multiple pile up, the only vehicle to get off scot free will be the one at the front. All the others shoul have been far enough away from the one in front to avoid the collision. However. if someone causes a multiple by driving into the rear of a stationary car (i.e. in a queue) then that driver is solely responsible for the damage to all the vehicles.

In my early days of driving, I misjudged my stopping distance and hit the stopping car in front and shunted it across the road where it hit an oncoming car. The car I hit was a write off and I was held responsible for the damage to both cars.

[Biker Biggles]

Originally Posted by ophic

No, they are responsible, if it can be proven that they caused you to drop your bike.

I've been fighting a case exactly like this for over a year and it seems like I'm going to have to settle 50/50 as it's basically my word against his. I'd imagine if I had hard evidence eg video it would be different.

Basically even though there is no contact, there isn't really much excuse for poor or non-existent observations, non-observance of the highway code and violating someone else's right of way. But you need evidence.

This is correct.You can be involved in a "proximity incident"where there is a crash that does not involve you colliding with anything but your presence and actions were relevant to the incident.So if you pull out and cause another vehicle to crash you are involved and can be held liable.Proving it is another matter though.

Cool, thanks guys was just on my mind. On the couple of times I've been pulled out on I haven't been too aggressive with the front brakes at least. Had a little slide on the back once.
Glad I had a GoPro to stick on my helmet incase this ever happens!

[tj2]

Currently fighting just such a case. Taxi ran a red light while I was turning right. didn't drop the bike (Yam FJR1300) but ended up with torn tendons in my shoulder holding it up. (I had only had it for a week)
White Dalton are the case managers for me, and it goes to court in March. There has been NO response from the taxi driver at all. While the police did take a statement from him, and said not enough evidence for a prosecution, there was more than enough in what he said for a court to judge him liable.

As a result of my injury I can no longer ride large heavy bikes, hence back on a 2nd hand SV which is just about manageable and 250cc classics

Roll on March

[Fen Tiger]

Originally Posted by Lithium

Cool, thanks guys was just on my mind. On the couple of times I've been pulled out on I haven't been too aggressive with the front brakes at least. Had a little slide on the back once.
Glad I had a GoPro to stick on my helmet incase this ever happens!

Recording the scene has its place and provides good evidence but be wary of riding more aggressively because you think you will be a able to prove you are in the right later. Not suggesting you do this but it does happen.

As a novice, learn to treat vehicles at side junctions as a serious threat to your well being. Consider use of the horn and move away from the hazard on the approach. If you don't see the driver looking your way blow the horn for half a second far enough in advance that the driver reacts and the vehicle will not pull into your path. Moving away towards the crown of the road and adjusting speed will give you more time to react should the vehicle pull out. Another useful technique is to look at the front wheel of the vehicle which is side on as you will see instantly if it starts to move. If you are riding in a busy built up environment with multiple side roads ride 3/4 or more out from the nearside in your lane if you can to give yourself more space and time to react.

Ride safe, have fun.