Who is at fault?

Joxer_S

Scenario

I am travelling along in the flow of traffic, when a car pulls from a side road on the left, onto the road I am travelling straight on, as I pass through the junction (no traffic lights).

He pulls onto the road as I pass through (he is behind me in the flow of traffic at this point) and then proceeds to draw level with me.

He then makes a quick right turn at the next junction and takes me out of it.

I had thought

1. Impossible that he has not seen me
2. I was ahead of him and he should have yielded to me.

Now him and his insurance company are claiming that as I hit him from "behind" they are not obliged to pay for the repair of my bike. I did not call the police but I do have a witness, any advice on how to proceed with this, he mentioned "being nice about it" and splitting the cost, bulls**t I think.

DirkVoodoo

Short story then a car turned left across your path and knocked you down?

Sounds like he was 100% in the wrong, but clarification needed. Can you stick up a google maps link of the junction maybe? I'm not sure what you mean by no lights: were there no traffic lights or it was night time and you had no lights?

I think in any case where you get knocked down it is important to first go to the Gardai, leaving it for him to talk with his insurance company and then get back to you is asking for trouble.

Joxer_S

There were no traffic lights, I was passing through legitimately.

Yep, foolish of me not to go when it happened.

Gavin

If it happened as you described, then you are in the right. Make a statement to the Gardai and get your witness to make a statement as well ?

Joxer_S

It happened ten days ago, would going to the police now be pointless? The only reason I didn't go at the time is the guy seemed genuine and accepted responsibility, which my friend who was riding ahead of me can confirm. Between him and the witness (woman walking past) might still be worth my while.

Beasty

I would definitely report it - you have absolutely nothing to lose, and it may bring him to his senses

In addition, the insurance can only be going on his word. He may already have given them a description of what happened - one that suits him, because he wants to avoid accepting the blame. It's possible that his version of events could be completely discredited (for example it may be clear when looking at the road layout that he could not have taken the position he claimed in the distance he had between turning onto the road you were on and turning off again). Your witness may also be able to help discredit some of his statements.

It may also be that for the potential amount involved the insurance company may not wish to make a big deal out of it if you do protest (do you have anything in wrting from his insurance company at this stage, or is it simply what the other driver is saying?)

CramCycle

Report to the Gardai and then contact his insurance direct. I got fed up with a driver who done similar to me before and then refused to pay saying similar to what has been said to you. Told the insurance company (gave the lisence plate to the Gardai who gave me the company, not sure if they should have) I had a witness ( a very decent taxi driver who pulled up behind and gave me his number) and it had been reported, they rang me back 2 days later to arrange a viewing of my bike and to settle the damage.

They drove out took pictures of my (now repaired bike, I showed them receipts) and they paid up.

The Gardai will pry say you are obliged to report it when it happened and it would be no good now but they will still take a record of it.

Joxer_S

In the interest of full disclosure, it happened in the US (original post edited), I went to the police and was told as Cramcycle said, I should have called it in at the time, then they could have a look at the scene, determine guilt or not etc.
As I didn't do that they gave me an official report form to fill in and told me to contact the drivers insurance directly.

It happened here, he turned off Garfield st as I was coming down Massachusetts Avenue, I passed through that junction ahead of him and he took me out trying to turn right on to Martin st.

irishmotorist

Joxer_S wrote: »

Scenario
...
He pulls onto the road as I pass through (he is behind me in the flow of traffic at this point) and then proceeds to draw level with me.

He then makes a quick right turn at the next junction and takes me out of it.

I'm a bit unsure as to exactly how he hit you. It sounds like he was level with you and he turned right. Were you on his left or were you on his right? If you were on his left did he do the often seen veer-left-before-going-right-to-make-a-faster-angle?

bigbadbear

irishmotorist wrote: »

I'm a bit unsure as to exactly how he hit you. It sounds like he was level with you and he turned right. Were you on his left or were you on his right? If you were on his left did he do the often seen veer-left-before-going-right-to-make-a-faster-angle?

it happened in America. I was confused by that too

Micilin Muc

irishmotorist wrote: »

I'm a bit unsure as to exactly how he hit you. It sounds like he was level with you and he turned right. Were you on his left or were you on his right? If you were on his left did he do the often seen veer-left-before-going-right-to-make-a-faster-angle?

I was confused by that too, but he then says it happened in the US.

thebiglad

The counter allegation is that you hit him in the rear, therefore no doubt he is not admitting that he was turning left, merely stopping or slowing and you collided your bike into him.

Had you collided into the side of the car then he would have much less argument as circumstancial evidence would support you.

IF he is in denial of turning left then it will be your word against his in the absence of any witnesses evidence (which you have currently not presented to them)

No amount of correspondence with the insurer is going to do you any good, they have there version of events which they presumably believe is credible and you must present some evidence to sway them from that view - your '100% truthful' version alone will not do so - the witness (especially if independent) is crucial to you - to get them to make a statement is the only way forward.

BostonB

How did he get past you? Confused?

Beasty

TBH the whole thing is totally confusing now right and left appear to have switched over and we are dealing with a legal system few of us will have much familiarity with.

SubLuminal

There are specialist "no win no fee" lawyers dedicated to cyclists and cycling incidents with cagers in the US. I'd say contact one. You could be about to get a lot richer if events happened as you described, as you're 100% in the right and he's 100% in the wrong. For everyone else confused about the turning right, remember they drive on the other side of the road. So basically a car overtook him and cut him off and he went into the side/rear of it. Driver is at fault. Don't forget to mention that you've had terrible pain in your hands since the crash and you're afraid of anything with wheels on it.

CramCycle

Judge Judy, only answer IMHO,

SubLuminal

CramCycle wrote: »

Judge Judy, only answer IMHO,

Massive "+1". Just got back from a 2 hr spin and this is the first thing I read, nearly fell off my chair. Genuine "lol".

Joxer_S

apologies to everyone for the confusion! I was in the bike lane, he overtook me and cut me off, lets leave it at that. I do have an independent witness, and my friend can attest to him accepting guilt at the scene. I will let you know how it goes

CramCycle

Joxer_S wrote: »

apologies to everyone for the confusion! I was in the bike lane, he overtook me and cut me off, lets leave it at that. I do have an independent witness, and my friend can attest to him accepting guilt at the scene. I will let you know how it goes

Your in the right, I'd say you'll be fine. If an independent seen him overtake and immediately cut across you then it's a no brainer. Ring the insurance, state the case and if a suitable response is not received bring him to small claims.

Good luck anyway, fill us in later in the year with the outcome.

superrdave

SubLuminal wrote: »

There are specialist "no win no fee" lawyers dedicated to cyclists and cycling incidents with cagers in the US. I'd say contact one. You could be about to get a lot richer if events happened as you described, as you're 100% in the right and he's 100% in the wrong. For everyone else confused about the turning right, remember they drive on the other side of the road. So basically a car overtook him and cut him off and he went into the side/rear of it. Driver is at fault. Don't forget to mention that you've had terrible pain in your hands since the crash and you're afraid of anything with wheels on it.

all no win no fee lawyers are crooks.

that is all.

Joxer_S

Just received a cheque from the insurance company. I thought I wasn't going to have any problems as when speaking with the claims adjuster, she stopped mid-conversation and said, "Excuse me sir, but are you from Ireland??..."

Beasty

Joxer_S wrote: »

I thought I wasn't going to have any problems as when speaking with the claims adjuster, she stopped mid-conversation and said, "Excuse me sir, but are you from Ireland??..."

Probably worked to your advantage...