What do you do when a crash is nobody's (or several people's) fault?

Hello fellow orgers,

Tonight I had my first off on the SV.
A lady pulled out in front of me, I grabbed the brake, but I locked the front and lowsided.
Damage report:
- minor road rash on upper thigh
- the horizontal part of the shifter, broken
- left mirror snapped of at the bolt, no other damage
- left side handlebar balance weight was sanded pretty well and the bolt is bent
- left crash bung snapped off (died a honourable death protecting me and the bike )
- two dents in the tank, one from left handlebar, the other from the car's bumper

The contributing factor in my opinion was the fact that it had been raining slightly which caused a thin film of mud (you know how it gets right when it starts raining). That caused the front to lock-up and the lowside.

As the title says, what do you do when it was nobody's or multiple people's fault? Do you just dust off and chalk it up to experience?

Sorry if I'm rambling, I just needed to get the off off my chest

Mihai

Without knowing the exact details, and trying to be neutral.

An insurance company (for example) might see that the car pulled out in front of you not leaving you enough time to react, you were travelling too fast for the road conditions, you didn't leave enough room/braked too late, or you braked far too hard hence locking up.

I'm not saying it WAS anyone's fault, just trying to give some ways a third party could potentially see it.

Like I say, it's hard to say without more details. If it is nobody's fault then I would think each party claims off their own insurance, assuming they are fully comp.

The main thing is that you are ok.

I'd say if its going to be dealt with by insurers then always state the other party pulled out on you, leaving you no choice but to take evasive action. Don't ever say it might be your fault, its was always their fault, and play it like that.
If you think it probably was your fault and the other party is happy to not to go any further, ie there's no damage to their vehicle, then perhaps its better to just end it there, buy the bits and repair your bike yourself. Just be careful that if you do this, the other person doesn't suddenly change their mind and decide to claim against you and drop you in it, cos then your insurance people won't be happy you didn't tell them about it.

I can't see how it's nobody's fault if the woman pulled out on you, she caused you to emergency brake and therefore you hit into her. Unless you were doing a significant amount over the speed limit, I cannot see how this can't be her fault?

Look at it from another aspect-----would you have come off if nobody had pulled out on you?
I think not,therefor she is responsible for the accident,even if you did not make contact with her vehicle---------only thing being did she stop and give you her details?
If she has then she has accepted a portion of responsibility.

Thanks for the replies.

Unfortunately, it's not that simple. If the roadway had been dry (it was covered in the sort of slick mud you get at the start of the rain, when the dirt mixes with the water, but hasn't been washed off the roadway yet), I probably wouldn't have locked the front and lowsided. To me, this means that my braking skills are not up to par and makes me also a minor cause of the accident.

The car was not damaged in the slightest, I didn't ram it, so she has no claim over me.

The biggest damage, in terms of cost, is the broken crash bung. I'm try to see if R&G can send me just the bung and the bolt. If not, I'll need to buy the whole kit again, which is about ₤85-90. In that case, I'll use their insurance (liability insurance I guess you would call it), otherwise it's more running around than its worth.

Don't talk soft.
You are sounding like a right muppet.
If she hadn't have pulled out on you, there would have been no reason to brake as you did.
That is her fault.
Road conditions as they were are nobody's fault but she did pull out on you.
The road isnt to blame, the other driver is.
Do not accept liability of any sort.
A solicitor would pull this apart if your insurance company don't back you 100%.

That is, unless you have left something out that makes you feel more at blame, speed, position etc.

Don't get me wrong, she did pull out in front of me, without looking. She tried to claim that she had been waiting for 10 minutes and she was tired after a day at work and that the guy in front of her braked unexpectedly so she couldn't get out of the way. All that is bull****, she should have looked and seen that there was someone else to whom she had to yield.

That is what I'm going to tell her insurance company, I'm not going to accept any liability, I'm not that stupid.

But I keep thinking that, had I braked better, I could have saved my skin, literaly

Again, stop talking rubbish.
As a biker, we do all we can to stay alive and look out for other people who do not see us.
You cannot get it right every time.
From my own experience, you would be very surprised at who doesn't see bikers even in perfect conditions....
It was her fault.
Simple.
Get over it.

Thanks for the pep-talk.

Trust me, I've had experiences with people who didn't see me.
On Tuesday, I had a lady (surprise) try to merge into me (while the back half of the bike was still behind her bumper).