F**king Red Civic Drivers

**outlawtorn** · 2nd February 2005, 10:08

Today I had my first highway crash, well not so much a crash, more like a wipeout due to a snotty little dipfuck who doesn't know how to use his mirrors. I need some advice on where to go from here, but the story is as follows:

Filtering quite happily at 35kms p/h, cages either side of me are stop starting their way to work as per the norm. Suddenly a red honda civic in the left lane see a tiny gap for his car in the right hand lane and simultaneously indicates and turns into the right lane. I react quickly and hit the front brake hard and tried to turn to the right to avoid him. I don't I had time to use my foot brake as next thing I am rolling on the ground and into the grass verge. My bike slid out and landed on the right hand side, and it seemed the back wheel of my bike hit the back wheel of his car.

He pulled over, I fetched my bike and a witness pulled over as well. First I asked what the fuck he was thinking not indicating properly and not using his mirrors, his answer was a classic: "I wasn't looking for motorbikes", I proceeded to tell him that we are also part of the road and that he should open his eyes.

Of I drove, straight into town and off to Colemans to get my brake lever replaced and an accident assesment. Mark & Alan at Colemans by the way are really good guys and are very helpful. They suggested I don't report it to insurance as it really only involves a few minor scratches, Alan suggested I get the bloke in the honda civic to pay for the repairs.

How would I word this to the guy in the civic?

Any suggestions/comments/jokes.

I look at this from the viewpoint of 'it could have been worse' and I am thankful I was able to get up from it.

**Sniper** · 2nd February 2005, 10:17

Find out where he lives and beat some sense into him before he kills someone with his "I wasnt looking for motorbikes attitude"

**jrandom** · 2nd February 2005, 10:18

This is an easy one. He changed lanes without indicating properly.

You've got your witness's contact details, right?

Call the witness, check what their version of events is. Make sure it matches yours.

Write a letter to the Civic dude explaining precisely what happened. You don't need much detail - he changed lanes in front of you without indicating properly, you braked hard and fell off. His fault. Go see the witness, get them to countersign the letter indicating that they agree with your version of events. Get them to sign another copy that you keep yourself.

Get a copy of the repair cost statement from Colemans.

Tell him that he has a week to respond before you file a claim with the Disputes Tribunal (or whatever it's called).

Which you will do in any case if he doesn't admit liability and pay your bill. The DT gets your letter to him and the bill from Colemans as evidence.

Once the Disputes Tribunal tells him to pay, the MoJ will enforce collection.

**duckman** · 2nd February 2005, 10:18

Hmmm ... Glad your o.k., Your next move will be a gamble..

1. Go for full insurance claim and lose your NCB...

2. Try and get the guy to pay for repairs and risk the .. "Uh I've decided I'm not at fault now" line.

How much (in dollars) damage is there to your bike ??

**crashe** · 2nd February 2005, 10:20

Well did you get his Rego plate number and his name?

If ya did that, then you should be able to track him down.

Maybe small claims..... but I think you have to pay a certain amount first.

But what is most important is that you are alive and the bike is still going...

But, I think legally, as you were lane splitting, I'm not sure where you stand on this..... maybe the local bike police on here could advise you on this.

And many car drivers never look out for bikes in peak traffic.

Plus isn't it in the road code about being able to stop in time when following another car..???

**outlawtorn** · 2nd February 2005, 10:21

Alan from Colemans suggested that he will fix up all the scratches and replace the brake lever which would come to roughly $100. But I reckon if everything had to be fixed and replaced it would probably run into $300-400.

It's not a large amount of money I know but I reckon it's the principle of the matter.

**Hitcher** · 2nd February 2005, 10:28

An interesting issue will be proving beyond reasonable doubt that it was his (the Honda driver's) actions that caused or contributed to your accident.

He is allowed to change lanes. But it is recommended that in so doing he demonstrate due care (indicating) and attention (checking mirrors, head check, etc).

There is some doubt, however, about the legality of "splitting".

Counsel for the Honda driver may argue that you were somewhere you should not have been doing something you should not have been doing in a careless/reckless manner i.e. it was all your fault.

I hate dickheads that don't look or indicate BEFORE they change lanes. So good luck with your efforts to secure justice!

**XTC** · 2nd February 2005, 10:30

I don't know where the law stands on this either. But if you were lane splitting I think you should just put it down to experience.... As far as I know lane splitting is still illegal and those who choose to do so (which is all of us) do so at our own risk....

**jrandom** · 2nd February 2005, 12:42

Originally Posted by Hitcher

An interesting issue will be proving beyond reasonable doubt that it was his (the Honda driver's) actions that caused or contributed to your accident...

The Civic driver not signalling for three seconds before changing lanes constitutes a breach of the road regs. His nose isn't clean.

Originally Posted by Hitcher

There is some doubt, however, about the legality of "splitting".

Why bring splitting into the picture at all?

I'd have a noncommittal discussion with the witness, if I was outlawtorn. Find out how they'd describe the incident. Get it down in writing. With any luck, their description will not include any naughty elements in the rider's behaviour. However, the lack of indication by the Civic driver *is* naughty. With only one lawbreaking party involved, liability seems an easy determination.

And, if a splitting discussion becomes unavoidable, it seems obvious to me that outlawtorn was passing legally on the right within his lane...

**vifferman** · 2nd February 2005, 12:52

Originally Posted by jrandom

And, if a splitting discussion becomes unavoidable, it seems obvious to me that outlawtorn was passing legally on the right within his lane...

Mebbe.
I was told once by a nice policeman - when I quizzed him about lanesplitting - that if you collided with another vehicle while doing so, you were likely to be deemed the one at fault, due to lanesplitting being viewed as a dodgy activity. That is, they may choose to turn a blind eye to it taking place, until something goes wrong, then you're in trouble.

**XTC** · 2nd February 2005, 12:58

Originally Posted by vifferman

Mebbe.
I was told once by a nice policeman - when I quizzed him about lanesplitting - that if you collided with another vehicle while doing so, you were likely to be deemed the one at fault, due to lanesplitting being viewed as a dodgy activity. That is, they may choose to turn a blind eye to it taking place, until something goes wrong, then you're in trouble.

They'll get a directive from above to come down harder on those lane splitting and then that'll just spoil it for the rest of us.....

**Jonty** · 2nd February 2005, 13:06

Unfortunately if you were "filtering" then I would cut my losses and put it down to experience (as already noted). The Civic driver is definately partly to blame due to shocking indicating, but when you look at things from his perspective, if he is moving forward and looking to the right lane for a gap (and there is one), then will only assess the traffic in the right lane. I am a little unsure that he is completely at fault for not checking for motorbikes coming down the middle of the lanes (not saying that he shouldn't by the way).

Your circumstances may have been different, but the times that this has nearly happen to me I really shouldn't have been "filtering".

**Skunk** · 2nd February 2005, 13:18

Originally Posted by duckman

2. Try and get the guy to pay for repairs and risk the .. "Uh I've decided I'm not at fault now" line.

Worth trying. If he tells you where to go what have you lost? If he pays up, bonus!

I wouldn't involve the law though. You are in the wrong too.

**Biff** · 2nd February 2005, 13:24

Mate - I come firmly down on the "there's no harm in trying" side. Legalities of lane splitting aside, he phuked up, he should have indicated.

Get the witness statements, quote the three-second indicator rule, send him the bill, which after all is unlikely to brake his balls, and hope for the best.

I wouldn't put this down to experience, I’d teach him a lesson. He could have killed you for forks sake.

Have a go. You've nothing to loose except the price of a stamp and a phone call to the witnesses. If then you get no joy then you can reconsider your position.

Be polite, but firm.