Opinions - who's at fault?

[AS_BO]

Just had a phone call from an employee saying they've been hit at a mini roundabout on their bike. He looked twice at the roundabout before committing pulled out and had a side on collision with a car in the front quarter. Car driver wants to settle out of insurance but has sent a quote through for £640 body repairs - his bike is a write off. She's claiming no liability but my mate thinks she was on top of him far too quickly for a 20 MPH zone. What's your opinions guys?

 

[maggi200]

Were there any witnesses to agree she was speeding?
If not, I can't see it going the way of your employee.

 

[LC]

Sounds like he didn't look , it's give way to the right after all if he gets hit in the side it's his fault really

 

[AS_BO]

That's what I told him. Likely that it'll come out his fault if she wasn't speeding.

 

[LC]

That's what I told him. Likely that it'll come out his fault if she wasn't speeding.

Should be able to judge speed and make a decision based on that, if someone's speeding and you pull out on them in a driving test situation you'd fail if you contest it chances are it would be split between the insurance company's probably wouldn't go to court

 

[waitey]

They pulled out and got hit is how I see it.

So they are unless there's witness or any evidence the driver was excessively speeding.

 

[funky_d]

Pretty much echo what everyone else has said - absolutely no proof that the car was speeding and all it looks like is that a bike has pulled out from a junction and hit a car, which makes it more look like the (motor?)cyclist's fault

 

[AS_BO]

Update - he's spoken to a solicitor and his insurance who've both stated to pursue a claim as although the rules of the road dictate it's give way to the right he was on the roundabout in clear sight and she still hit him. Surprised really......

 

[singlespeed]

Update - he's spoken to a solicitor and his insurance who've both stated to pursue a claim as although the rules of the road dictate it's give way to the right he was on the roundabout in clear sight and she still hit him. Surprised really......

So, he was on a bike and pulled out onto a roundabout infront of another vehicle which was on/entering the roundabout from the right, mis-judging the speed or gap avaliable.

Clear sight and bikes don't make you instantly visible, especially if your doing something unexpected and appearing infront of a vehicle that didn't expect you to pull out.

 

[LC]

Guessing you're supposed to slam ur brakes on when someone looks asif they are going to pull out tbh it's not worth it he should just claim on his insurance

 

[waitey]

Guessing you're supposed to slam ur brakes on when someone looks asif they are going to pull out tbh it's not worth it he should just claim on his insurance

No, slow down at junctions slightly and expect the people trying to pull onto the road you're already on to have a brain, or they pull out you claim on their insurance and get a repaired or new car and a nice holiday because of their inability to judge distance and speed of other vehicles and you're injured.

 

[LC]

Guessing you're supposed to slam ur brakes on when someone looks asif they are going to pull out tbh it's not worth it he should just claim on his insurance

No, slow down at junctions slightly and expect the people trying to pull onto the road you're already on to have a brain, or they pull out you claim on their insurance and get a repaired or new car and a nice holiday because of their inability to judge distance and speed of other vehicles and you're injured.

Insurance companies are so slimy I bet they have to split the money between insurers, I've seen all these crash for cash scams etc, a bit of investigating and they'd save themselves a fortune most cars need an inbuilt camera now tbf

 

[oscar]

AS_BO, were the police called at any point? i believe if you do not get an accident report number then you cannot claim from the insurance. it would be wise to find out if the other party got an accident report number, if so obtain it and cross reference it at a police station. if one doesn't exist, then it's up to you to decide what to do but i'll give you an example. i recently reversed out of a car park on a 1 way street, very dark and not light. anyways, a taxi driver came up the one way system the wrong way for a shortcut with his sidelights on only. BANG! it sounded so much more worse than it was. the guy said sorry, and we had a look at the damage ... a deep sceatch no cracks etc bish bash bosh small spray job and some filler. £100-150 damage we agreed, i was thorough and told him i'm a mechanic. checked over his car for security of the grill and bumper etc. tip top shape! i even had some pictures. gave him all my required details, insurance policy number phone number u name it plus mines. then a few days later he phones us and says that he got it checked over and the grills done for, bumpers done for and will need a new number plate and bumper. gave me a quote for 700. i knew the **** was having me on, but i also knew he was trying to con me out of money. i also know he didn't get an accident report number, and i've heard nothing back since and in that time it went from 700 to 200. the general rule of thumb is that if you're stupid enough to 'settle out of insurance', then you deserve everything that comes to you ... and it appears only conmen and crooks will try you outside of insurance. way i see it is that i never done anything wrong, gave him the required details and it was on him to follow the claim through and get his accident report for his claim (of which, if the police were to contact me about it i'd say yes sure did happen constable!) but he didn't. one con man down!

 

[singlespeed]

most cars need an inbuilt camera now tbf

Probably a good idea.

 

[LC]

most cars need an inbuilt camera now tbf

Probably a good idea.

I'm going to get one in mine when I get the money and skills together lol

 

[waitey]

Guessing you're supposed to slam ur brakes on when someone looks asif they are going to pull out tbh it's not worth it he should just claim on his insurance

No, slow down at junctions slightly and expect the people trying to pull onto the road you're already on to have a brain, or they pull out you claim on their insurance and get a repaired or new car and a nice holiday because of their inability to judge distance and speed of other vehicles and you're injured.

Insurance companies are so slimy I bet they have to split the money between insurers, I've seen all these crash for cash scams etc, a bit of investigating and they'd save themselves a fortune most cars need an inbuilt camera now tbf

If you suspect it of being crash for cash you should tell the police and they investigate it, my sisters partner is involved in one and the police are investigating it and are convinced it is so have told his insurers and they claimed of the other parties insurance and will not pay out for them.

 

[AS_BO]

Cheers chaps - I'll let my employee know.