Insurance question (filtering)

[frisken]

Quick scenario/question for KB:

In a parking lot, full of cars (Christmas Eve shopping mayhem). There was a long line of cars, I filtered to their right (staying in lane and all cars were completely stopped). I needed to turn left at the intersection out of the car park so I cut in front of the car 2nd in line to turn left, as the car in the lead left the car park. The guy beside/behind me either didn't see, or tried to cut me off and his front bumper touched my hero peg as I cut in front.

No damage to my bike, and a dent/scratch across his bumper. The guy was a taxi driver and was pretty aggressive, said his boss will contact me. Sadly no one else stopped as a witness so it will be my word vs his I'm assuming?

What is the law here? I know that if I were a car and he hit the back of me, it'd be his fault? But because I was cutting in front of him, is this my fault?

[Mike.Gayner]

I imagine it works in your favor that no one else saw you - he hit the back of you, meaning he's surely quite likely to be found at fault here.

Disclaimer: I don't know anything.

[Akzle]

top tip: don't ride like a prat and you're less likely to find yourself in these kind of situations.

disclaimer: i know fucken everything.

[macka77]

Quick scenario/question for KB:

In a parking lot, full of cars (Christmas Eve shopping mayhem). There was a long line of cars, I filtered to their right (staying in lane and all cars were completely stopped). I needed to turn left at the intersection out of the car park so I cut in front of the car 2nd in line to turn left, as the car in the lead left the car park. The guy beside/behind me either didn't see, or tried to cut me off and his front bumper touched my hero peg as I cut in front.

No damage to my bike, and a dent/scratch across his bumper. The guy was a taxi driver and was pretty aggressive, said his boss will contact me. Sadly no one else stopped as a witness so it will be my word vs his I'm assuming?

What is the law here? I know that if I were a car and he hit the back of me, it'd be his fault? But because I was cutting in front of him, is this my fault?

And you did indicate and he was texting
yeah right

[caseye]

He hit you! In the wrong! Forget him and or his boss, but make sure the driver you are riding across in front of knows you are doing it before doing it next time. Being right is one thing, being dead or seriously injured is quite another.

[willytheekid]

He hit you! In the wrong! Forget him and or his boss, but make sure the driver you are riding across in front of knows you are doing it before doing it next time. Being right is one thing, being dead or seriously injured is quite another.

Wot me ol mate caseye said +1:yes:

...hence why I prefer loud pipes:niceone: (there not just for the awesome sound...ya can "REV BOMB"!!:Punk:)

Ride safe over the holies everyone..."there panel damage..could be our life!"

[rastuscat]

top tip: don't ride like a prat and you're less likely to find yourself in these kind of situations.

disclaimer: i know fucken everything.

I WUV U AZKILL :love:

[Akzle]

I WUV U AZKILL :love:

<3 u 2 bro.

one day, we're gonna meet, and it's gonna be fucking hilarious.

[Ulsterkiwi]

<3 u 2 bro.

one day, we're gonna meet, and it's gonna be fucking hilarious.

I think most on here would pay good money to see that happen.

[willytheekid]

I WUV U AZKILL :love:

Im getting that framed! :laugh:

[awayatc]

I wouldn't worry about it......
if he would be trying to get money out of it from you, it be up to him to prove whatever it is he would like to prove.
if you dont feel obliged to pay (moraly or other wise) then there is fuck all he can do about it.......

[rastuscat]

I already have the ticket written out. Just waiting for the time and place.......

[Akzle]

good luck!

[veldthui]

Quick scenario/question for KB:

In a parking lot, full of cars (Christmas Eve shopping mayhem). There was a long line of cars, I filtered to their right (staying in lane and all cars were completely stopped). I needed to turn left at the intersection out of the car park so I cut in front of the car 2nd in line to turn left, as the car in the lead left the car park. The guy beside/behind me either didn't see, or tried to cut me off and his front bumper touched my hero peg as I cut in front.

No damage to my bike, and a dent/scratch across his bumper. The guy was a taxi driver and was pretty aggressive, said his boss will contact me. Sadly no one else stopped as a witness so it will be my word vs his I'm assuming?

What is the law here? I know that if I were a car and he hit the back of me, it'd be his fault? But because I was cutting in front of him, is this my fault?

So you have admitted in writing that you cut in front of him. Suggest he has a good case against you. Just because he hit the back of you does not put him in the wrong as you did what was basically an unsafe lane change. However your word against his as no witnesses so....

[R650R]

top tip: don't ride like a prat and you're less likely to find yourself in these kind of situations.

disclaimer: i know fucken everything.

2534 people recommend this as the best answer to the question :)

I had a Poste Haste courier do the same to me in a van while I was trying to leave Caltex hastings... Was bit gutted that I never saw him sneak up there as I pride myself on being aware of my surroundings. Even more gutted that I missed out squashing him when we both pulled out... sometimes Darwin is better than *555 for the longer term....

You were overtaking on the inside when not in a separate lane and also conducting an improper manouvere. I'd be hoping its just the boss calling and not the boss and his 20 brothers from west asia....

[BMWST?]

2534 people recommend this as the best answer to the question :)

I had a Poste Haste courier do the same to me in a van while I was trying to leave Caltex hastings... Was bit gutted that I never saw him sneak up there as I pride myself on being aware of my surroundings. Even more gutted that I missed out squashing him when we both pulled out... sometimes Darwin is better than *555 for the longer term....

You were overtaking on the inside when not in a separate lane and also conducting an improper manouvere. I'd be hoping its just the boss calling and not the boss and his 20 brothers from west asia....
jeepers you dont read well do you.He was on the OUTSIDE,then cut across to the left.
I think OP in the wrong, he didnt hit you,you hit him,you cut him off as you have already admitted

[rastuscat]

Dude, take a look at the Road User Rule 2004, Section 2.6(3).

Filtering isn't mentioned in law. It's referred to as passing.


(3)A driver must not, when passing another vehicle moving in the same direction, move into the line of passage of that vehicle until the manoeuvre can be made safely and without impeding the movement of that other vehicle.

Sorry, he's got you by the unmentionables.

[Murray]

Sorry, he's got you by the unmentionables.

And so he should. Sounds like a serious case of poor judgement to me.

[zoomzoombounce]

The truck driver in me has two thoughts . Both I can't be bothered with. Just tell them to get lost and sort it out themselfs because the excess will cost more than the damage done . . Just let him know it's his fault. No big.

[breakaway]

If you 'get hit from behind', it's usually the fault of the person who hit you.

But that's not what happened in this case is it? You were trying to get to the front of the queue and recklessly pulled in front of another vehicle forcing/expecting them to stop but they didn't. I'd say this is this is 100% the rider's fault.

The 'filtering' or 'splitting' itself that you did doesn't seem to be illegal to be honest. Unwise? yes, but not illegal.

[frisken]

Appreciate the helpful replies. It's also good to see this place is still has people who are morally superior to everyone else, just wouldn't be the same otherwise ... Yes I made a mistake, it was probably a bad judgement but it generally takes two people to have an accident -- and sometimes they may both be in the wrong.

[frisken]

Loving the "reckless" and "riding like a twat" comments too :D Brilliant.

[FJRider]

... Yes I made a mistake, it was probably a bad judgement but it generally takes two people to have an accident -- and sometimes they may both be in the wrong.


I needed to turn left at the intersection out of the car park so I cut in front of the car 2nd in line to turn left, as the car in the lead left the car park.

Sometimes both parties are to some degree ... in the wrong. By your own quoted admission you were probably in the wrong .... (bad judgement does that)

A little courtesy on your part at the time ... a minute or two extra time spent getting to your destination ... and no (other .. ??) incident would have resulted.

[nodrog]

You are lucky you didn't make that retarded move in front off me, I would have run you over just for shits and giggles.

[scumdog]

top tip: don't ride like a prat and you're less likely to find yourself in these kind of situations.

disclaimer: i know fucken everything.

It's yer modesty that makes ya so appealing...:msn-wink:

[FJRider]

It's yer modesty that makes ya so appealing...:msn-wink:

You've been drinking ... haven't you ... :msn-wink:

[frisken]

The Kiwibiker judges have spoken: Because I used the word "cut" in my forum post, I have admitted fault and are hence ordered to pay any costs of damage. Glad I got some decent replies/inputs from some people though, cheers guys!

[FJRider]

The Kiwibiker judges have spoken: Because I used the word "cut" in my forum post, I have admitted fault and are hence ordered to pay any costs of damage. Glad I got some decent replies/inputs from some people though, cheers guys!

Riding like a Pratt makes it appear so ... damages are your problem. (good luck with those)

[p.dath]

When you cut left in front of the driver did you indicate for 2s before making that left hand turn?

[babysteps]

Dude, take a look at the Road User Rule 2004, Section 2.6(3).


(3)A driver must not, when passing another vehicle moving in the same direction, move into the line of passage of that vehicle until the manoeuvre can be made safely and without impeding the movement of that other vehicle.


But yet the Motorcycle road code say the following.......

Passing on the left at an intersection with one lane on your side of the road

In this situation, you can pass on the left if there is enough room in your lane for you to pass and the vehicle you are passing:

has stopped, or
is signalling a right turn, or
is turning right.

Now I read that as if there is a queue of traffic at at Lights or an intersection, I can go right up the middle.....

[nodrog]

Timmaaaaay!

[BlackSheepLogic]

Appreciate the helpful replies. It's also good to see this place is still has people who are morally superior to everyone else, just wouldn't be the same otherwise ... Yes I made a mistake, it was probably a bad judgement but it generally takes two people to have an accident -- and sometimes they may both be in the wrong.

Mistakes you learn from and we all make them, however you have to be critical of your actions and not so much about what everyone else could/should have done. You had the best visibility, as well as the option to abort the risky maneuver had you payed attention to the vehicle you were passing/cutting in front of.

While in this case two vehicles were involved the higher contributing factors in this case was yours as it was your decision to execute the maneuver. You could have predicted the strong possibility that the gap would close also and insured you had a fall back option.

Ask yourself what would you have done had you been the driver who was cut off by a bike trying to go around them. Their blind spot may not have given the viability of your bike in time. Perhaps a more attentive driver may have picked you up sooner and avoided the accident, but you should never rely on the abilities of other road users to mitigate an unsafe action you take.

While the advice/reaction your got from others here may seem critical & judgmental, it is also constructive advice in preventing a similar situation from occurring again.

[rastuscat]

Appreciate the helpful replies. It's also good to see this place is still has people who are morally superior to everyone else, just wouldn't be the same otherwise ... Yes I made a mistake, it was probably a bad judgement but it generally takes two people to have an accident -- and sometimes they may both be in the wrong.

Robert Kiyosaki of Rich Dad Poor Dad fame totally changed my personal attitude to mistakes.

Our society is so busy seeking revenge on those who make mistakes that we have lost the opportunity for mistakes to become an opportunity to learn.

These days I even encourage my 16 year old to make mistakes, as that's how we can learn life's lessons.

Take the focus off whose fault a mistake is and we'd be able to learn far more from them. I bet the OP will be more careful arising from his wee bin, and that's the best of it.

We're so busy trying to be in the right, we often miss the lesson.

Old piece of advice. If you lose, don't lose the lesson.