First crash :(

In 2 years of riding through London roads, I’ve had my first crash! It was bound to happen sooner or later. Luckily it wasn’t a bad one.

I was behind a car and there was no oncoming traffic, it wasn’t indicating so I overtook (under speed limit). As I was overtaking it made a right hand turn into a side street and crashed into me. I wobbled and managed to keep the bike up then pulled over.

The only damage to my bike was some scuffing of the engine case, left hand indicator knocked out of place and scuffed, and some splitting of the nose cone. Car came off a bit worse! Needs a new side panel and bumper by the looks of it. The driver was a copper and it was a community support car So I had to stick around and fill out the traffic incident stuff and now I have a producer. All I have is a bit of a bruised leg though so I’m fine.

Now I’m not sure who is at fault. He definately wasn’t indicating until the last minute - a nice guy on a moped behind me at the time stopped as a witness and said he didn’t indicate until I was past the back of the car. Also he couldn’t have checked his mirror before he turned or he would have seen me. However, it could be argued I shouldn’t have been overtaking when there was a side street on the right. Any thoughts?

Cheers.

their fault! But insurance against police force takes AAAAAAAAAAAAGES!

not that I’m an expert but it sounds like a case of 50:50

Use the appropriate bits from this ‘letter’ - not all apply, and get a legal friend to oversee your words if you should need to use any of it.

http://www.feelthecheese.com/Filtering.htm

In my darker days as a car driver I done the same thing to a guy overtaking me

I wasn’t turning into a side street but into a parking bay opposite and i was in the outside lane of a two lane highway.

I said that the biker overtaking was on the otherside of the road and shouldnt have been

I was informed that the white line is a guide and as it was not solid my arguement was pants. He had his headlight on and was indicating so had taken all efforts to be seen.

I lost

Now ! side road and a copper ? I think you’ve got your work cut out but if you were indicating and had your lights on then surely he should have checked before turning…

But then I am an airconditioning engineer, not a solicitor

Good luck buddy !!!

driver was in the wrong, being a driver myself i used to indicate at the moment of turning, although in the highway code your meant to allow the indicator to flash at least 4 times before turning. I always look for bikes before i turn, but your average car driver does not expect a vehicle to be approaching from their right, although your legally as a biker your allowed to overtake

your only in the wrong if you undertake, which is an illegal manouvere

Are police vehicles insurred? When I drove a Government vehicle I was issued with a laminated card which I was to show to anyone I had an accident with. It explained why I couldn’t provide insurrance details and had an address on it for people to write begging letters to instead.

By the letter of the law you are in the wrong as it states in the highway code that you should not overtake approaching or at a junction.

However if he did not check his mirrors or look or indicate and you have an independent witness who will state that, then I would push it as far as you can.

A similar thing happened to me a few years ago, I was approaching the junction, about 50 yrds away, and the car pulled out without looking or indicating and took me off in the process. Mine was slightly different as he would have had to travel 50 yrds on the wrong side of the road to get to the turning but in the end he took full blame for it, but we were about 3 days away from court and it took nearly a year to settle the whole claim.

Unlucky mate, this is very common in london, people tend to switch off when they turn, junction or not.

I had one a while back when I overtook a car that I thought was double parked, but he did a right-turn in front of me and took me out. The indicating bit was my word against his, cos I dont think he did at all, and he definitely didnt look or he would have seen me (it was at night and I had my lights on)

But in the end I got 50:50 because I was on the wrong side of the road (different to the above case) and the solicitor who was working for me said this was a good settlement as usually it would have been 80:20 in the cars favour!

I think you should be prepared for it not to be a 100% their fault thing, cos of the junction bit.