[staticfx]

Hi guys,

This may have been asked a few times before, but in order t get a quick resolution to my problem I thought I’d try a new thread. I was cycling down the middle of the road next to stationary traffic in Bermondsey yesterday, traveling at about 10-15mph, the lights had just turned green and I was passing a stationary white van when, unknown to me, he let a car out of a hidden side road to join the traffic going in the opposite direction. By the time I realised what was happening, I was at his bonnet and I had a choice of going over it or turning into the path of an oncoming truck. Obviously I chose the former, managing to buckle both wheels, my cranks and offset my front derailleur. I flipped over his bonnet and landed on my head, thankfully (and probably miraculously) I walked away with a sprained wrist!
I obviously need to replace quite a lot of gear, am I right in assuming I can reasonably ask the driver to give me his insurance details to help with the cost, or am I at fault here? I don’t drive myself so the rules of the road are a bit hazy to me. I also appreciate that it really was an unfortunate event, and that I could have been going slower to be safer!

Thanks

Topic

[mike the bike]

I think you have reached the
I think you have reached the right conclusion Ryan. Both parties were at fault to some degree and if his smart-assed lawyer is better than your smart-assed lawyer you could end up with a large bill.
Live and learn.

[staticfx]

Hi, thanks for the replies.
Hi, thanks for the replies. Sorry I didn’t make it clear about my position on the road, it was only a two lane road (one in each direction) and I was overtaking stationary traffic on the right hand side of my lane. Having read quite a few of these posts im not sure if it is worth pursuing through my insurance company as I have a £200 excess and the repairs probably will cost about £220. Unless the company find in total favour of me (which it seems is unlikely) I will lose my no-claims and it will be a long process!
But thank you all very much for your comments, it has helped me understand the situation a lot better.

Ryan

[JeromeB]

I work for an insurance
I work for an insurance company dealing with these type of claims. Not an unusual set of circumstances and one where liability will likely be found on both parties. Relevant case law is Powell -v- Moody which went 80% against the overtaking party although if your lucky you might get 50/50 depending on what witness evidence etc there might be supporting either you or the motorist.
You certainly have a claim for the damage/repairs to your bike and also any injuries – however be prepared as you could be presented with a claim for the cost of any repairs to the car which is fine if you have your own insurance cover but otherwise you would be personally liable to pay.
As you say most important thing is you weren’t more seriously hurt – good luck with getting this sorted out – might be worth phoning the insurance company (the driver has a legal obligation to provide his details) – most are quite receptive to dealing direct especially if they can avoid paying lawyers fees.

[Argos74]

I found a decent summary of
I found a decent summary of the relevant [url=http://www.markthompsonlaw.com/motorcycle-filtering-through-traffic/accident-and-personal-injury-case-examples/]case law[/url], and it looks like you would be held partially at fault. Seek legal advice. IANAL.

The driver should have ensured that the major road he was entering was clear of proceeding traffic (i.e. you) (HC170/172). On the other hand you were overtaking blind into a stretch of road where you couldn’t see potential hazards (HC162: Before overtaking you should make sure: the road is sufficiently clear ahead; there is a suitable gap in front of the road user you plan to overtake. HC166: DO NOT overtake if there is any doubt, or where you cannot see far enough ahead to be sure it is safe and HC167: Do not overtake where you might come into conflict with other road users.).

In urban traffic, it pays to be paranoid, to anticipate and plan for risks that you can’t yet see, and to undertake maneuvres which you can reasonably anticipate being able to complete safely. And I do do lots of filtering at fairly quick speeds (17-25mph) when it’s safe to do so. Not around junctions though, and not where I can’t see what’s behind a slow moving or stationary vehicle.

[staticfx]

Thank you for all your
Thank you for all your comments. Im certainly more aware of this happening now. I did take a safety course that my work put on about the dangers of cycling in London, I have to say it didn’t mention this scenario! But i do try to be as safe as possible, I’ve never run a red or used the pavement, in a bid to try and be a good cyclist 🙂

Im going to contact my insurance company and see what they say. The driver gave me his details so hopefully he’s a friendly and co-operative guy!

[fenix]

I’d say 50/50.
You say
I’d say 50/50.

You say you’re hazy on the rules of the road. It’s worth learning them. It’s also worth reading up on cycling – and you might have been more wary of this happening. Next time it coukd be worse.

[vonhelmet]

Sounds pretty much 50/50 to
Sounds pretty much 50/50 to me. The driver should be wary of pulling out, you should be wary when passing stationary traffic. I once nearly got hit under similar circumstances – passing on the left of stationary traffic a car in front left a gap for an oncoming car to turn right through the queue. It certainly woke me up to the dangers of filtering like that.

[atgni]

Overtaking a queue probably
Overtaking a queue probably does put you at fault. See highway code 167. https://www.gov.uk/using-the-road-159-to-203/overtaking-162-to-169

But you certainly can ask for their details, although you might get blamed for the scratches down their bonnet. I suspect it would go ‘knock for knock’ eventually.

[Anonymous]

I could be wrong but as far
I could be wrong but as far as I understand it you are not primarily at fault.

It is the responsibility of the vehicle entering the major road from the minor road to ensure that he can do so safely. This responsibility remains his even if he is ‘waved out’ by a motorist on the major road; he cannot shift the responsibility to any other party.

Your claim is against him and his insurance. Now remember at the beginning where I said “you are not primarily at fault’? Here is where you are going to probably get into a fight. As you were also moving they may try to argue that you have to share the blame. Stand your ground but you may have to get a solicitor involved at this point.

Hope this helps, good luck.

[kwi]

Driver is meant to check both
Driver is meant to check both ways before pulling out of a junction, and not rely on being waved out as an indication it is safe to do so.

[Author]

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