F**king Red Civic Drivers

[outlawtorn]

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]

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

[jrandom]

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]

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]

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]

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]

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]

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]

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.


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

Why bring splitting into the picture at all? :shifty:

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]

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]

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]

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". :2thumbsup

[Skunk]

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. :msn-wink:

[Biff]

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.

[XTC]

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

Outlaw torn could have killed himself by choosing to split lanes.... What about being responsible for your own actions??

[outlawtorn]

Outlaw torn could have killed himself by choosing to split lanes.... What about being responsible for your own actions??

opening up a can of worms here dude.....

I know I was in the wrong, but come on, I was travelling at 35km's and this dippy fucking cage driver just simply pulls out.....

We are both in the wrong, but if this had happened to you you'd be as pissed as fuck at the driver, like I am

[vifferman]

I'd go with what Skunk and Biff Baff said. Sounds good to me.

[Biff]

Outlaw torn could have killed himself by choosing to split lanes.... What about being responsible for your own actions??

In the words of the man himself


I know I was in the wrong, but come on, I was travelling at 35km's and this dippy fucking cage driver just simply pulls out.....

We are both in the wrong, but if this had happened to you you'd be as pissed as fuck at the driver, like I am

Bottom line is that the driver failed to check his mirror and give adequate warning of his impending lane change.

[marty]

if it was a police bike going to a crash up the road, and the same thing happened, who would have been at fault?

[sedge]

Not the policeman... apparently they are "trained to lanesplit" - Heard this from amotorbike cop - so they are allowed to do it.

Sedge.

[XTC]

opening up a can of worms here dude.....

I know I was in the wrong, but come on, I was travelling at 35km's and this dippy fucking cage driver just simply pulls out.....

We are both in the wrong, but if this had happened to you you'd be as pissed as fuck at the driver, like I am


Maybe...... But I would realise that i'm as much at fault as he was.

[outlawtorn]

Maybe...... But I would realise that i'm as much at fault as he was.

um, hello, I never said I was never at fault from the start, I know splitting is illegal and dangerous, I accept the consequences of my actions, but we ain't talking about me here, it's the situation I need help with.

I've just got back from picking my bike up and Alan at Colemans sorted a new brake lever for me and the total damage repair costs are at $825. Ouch!

[Hitcher]

I've just got back from picking my bike up and Alan at Colemans sorted a new brake lever for me and the total damage repair costs are at $825. Ouch!
As my Granddad was often heard to say: "You don't get owt for nowt!"

Particularly true for motorcycles.

[Biff]

total damage repair costs are at $825. Ouch!


Fork in gel!!!!!!!

[vifferman]

I've just got back from picking my bike up and Alan at Colemans sorted a new brake lever for me and the total damage repair costs are at $825. Ouch!
Holy Crapola, Batman! :eek5: :doh:

Amazing how spendy bike bits are. My VFR750 was written off due to cosmetic damage (nearly $8k worth....)

[zeRax]

eeeeee damn, bit more than first estimation eh, ouchhhhhhhhh

[outlawtorn]

yip, defintely a lot more than I anticipated.

Basically as a result of todays little spill I have to replace or fix the following:
Brake Lever (Already done)
Front ferring
Master cylinder cover
Repair & chrome exhaust pipe
Straighten right foot peg

But now my right knee has started to give me shit! My day is just getting better!

[Hitcher]

Amazing how spendy bike bits are. My VFR750 was written off due to cosmetic damage (nearly $8k worth....)
The nice man at Swann Insurance to whom I was talking only yesterday said he knew of bikes that had been written off for falling off their side stands...

[zeRax]

sorry to hear dude, bitch of a thing to happen :disapint: , bright side is you will ride again ! :yes:

and hitcher, thats just crazy D: i fear the kind of a monster that takes enough dmg to warrent a write off from falling off its stand :thud:

[Kickaha]

sorry to hear dude, bitch of a thing to happen :disapint: , bright side is you will ride again ! :yes:

and hitcher, thats just crazy D: i fear the kind of a monster that takes enough dmg to warrent a write off from falling off its stand :thud:

In 1992 I talked to a guy at the 1000 miler who'd had his Ducati 851 fall off the sidestand,the repair bill was $1200.

[onearmedbandit]

Years ago my g/f of the time pulled out from a parking position on the side of the road and was hit by a courier vehicle, who the popo judged to be doing at least 75km/h in a 50 zone. Her fault according to the law and insurance co, as she didn't use due care when leaving her parking spot. Opinion of the cop was regardless of what law the courier driver was breaking (speed) she was in the wrong. Further to this (and I'm in the car industry) I have been told by a major ins company that say if someone rear-ended you in your car, and you were drunk you are still covered as the drinking had nothing to do with the accident. I was speaking to them about it because our finance manager had a crash in his SUV, which was his fault, that wasn't WOF'ed but he was still covered, as the lapsed WOF had nothing to do with the accident.

So go him.

[Jackrat]

At first I thought $100,WTF.
But at the price your now talking,go the other driver for half an tell him your going to keep the cops out of it if he plays ball.
Also tell him you have two independent witnesses.
My wife an I saw it all :msn-wink:

I see this as being a both to blame kind of thing,with him carrying most of it, but you might have a hard time of it with the cops because you were spliting at the time.
Good luck.

[avgas]

basically mate, if you break the law, and have an accident - its your fault.
Doesnt matter if he faulted more than you, in the eyes of the court you will both go down. I say write a letter, asking for 1/2 of the costs - if he doesnt pay put baycorp onto him.
You have to be 100% sure when lane splitting, cos they dont even have to drive into your path, they can just open theyre door - and you will be a fault.

[Blakamin]

dont do what me and a mate did... we went around to a blokes place and told him he was paying or we would be back...
(he was in the wrong, drove into our back door arfter taking a corner too wide)
his insurance company said we threatened him and they weren't paying...

[StoneChucker]

Ok, firstly: If you were "lane-splitting" by riding past the car on the right, whilst in the SAME lane, then you are NOT at fault. That is completely legal, and who's to say exactly where on the road you were...

$825 is alot, but if my bike even just fell of it's side stand I'd be farkin lucky to get away with that amount, so it's all relative. As you said, at least you weren't badly hurt ~ apart from that knee ofcourse!

I personally think, if he/she didn't indicate for 3 seconds before moving out with due care, then they should pay all $825, since you were passing on the right, in the same lane remember...

If the exhaust isn't too bad, why not just get it repaired and not chromed? It all depends of the overall condition of your bike ofcourse, would be silly to have a mint bike, and munged exhaust. Along the same lines, I've heard something about race replica fairings being a whole lot cheaper? Might be worth a look.

[StoneChucker]

dont do what me and a mate did... we went around to a blokes place and told him he was paying or we would be back...
(he was in the wrong, drove into our back door arfter taking a corner too wide)
his insurance company said we threatened him and they weren't paying...

You ARE as dodgy bugger! :lol: :2thumbsup :yes: But that sucks though, a case of you're damned if you do, and you're damned if you don't!

[Skyryder]

Outlawtorn, before you go into any kind of litigation with the civic you need to find out if the vehicle is owned by the driver or a finance company. I mention this because if costs are awarded to you, and the vehicle is still under the financial control of a finance company, then the vehicle ‘will not be seized’ for the repayment of debt.

Some time ago I was owed some money for services rendered. I lodged a claim in the civil court (this will cost and you can claim costs and get this money back, only if you win), which on the appointed day a hearing was held. The defendant never showed so I was awarded my claim with costs that amounted to a little over $600. This was when the problems started. This guy simply refused to pay and unless he/she has an asset that can be seized by the court I would walk away and put this down to one of life’s unfair experiences. His vehicle was being paid off but I was lucky in that he had a boat. He was told in no uncertain terms that unless I was paid his boat would be seized and sold.

This was a time consuming exercise. I wish you all the best but look first to see if the car is paid off or not. If not then walk.

Skyryder

[zeRax]

In 1992 I talked to a guy at the 1000 miler who'd had his Ducati 851 fall off the sidestand,the repair bill was $1200.

damn, guess it all just adds up, thats a harsh tab to pick up, specially cause all it takes is one mishap from some drongo, and theres plenty of drongo's out there, guess its just one of those things that are basically enivitable, somethings going to happen somewhere down the line :\ even with insurance, its just gotta be a right piss off :angry:

hopefully we come out on top,

is there anyone that hasnt had something unexpected and costly or bad happen out there?