Insurance claim help

[supraman_nz]

Ok I will try and keep this breif but please bare with me.
A friend was lane splitting (traffic was stationary or as near as it) and a car lane changed right infront of him, only started indicating as they moved across lanes and he had no where to go but the rear of this persons car.

Person got out, she admitted she was in the wrong and got insurance details ...
He contacted his insurance co. and they sorted it out with her, she admited liability to them. Claim approved.
Last week got the work done to fix the bike (this was over 1 month since the accident.

Yesterday - He got a letter from the insurance co. saying that she is now disputing fault. Esentially she is saying that she and i qoute "quickly looked in mirror" and "indicated and moved across lanes at the same time". She didnt really state why she doesnt think shes at fault but I think shes trying to say , she did everything to check it was clear but when she moved my friend lane splited into her path.

So this esentially comes down to was lane splitting allowed?
He has to write a letter back to give his comments on her claim. Obviously hes going to say that she didnt give enough of a mirror check to see a bike (as she admited it was a quick look) and the fact she indicated at the same time she moved.

It would be appricated if you guys could give guidence on what should be said back about this.
Thanks in advance.

EDIT - I you know of any parts of the law we could quote regarding lane splitting / mirror checking / indicating that would be great.

[MSTRS:Me]

EDIT - I you know of any parts of the law we could quote regarding lane splitting / mirror checking / indicating that would be great.

Lane splitting is legal...although it does occupy great areas of grey.
A vehicle that is changing lanes etc, must ensure the way is clear, and must indicate at least 3 seconds prior to performing said manouevre...that is your mates defence right there (she was in the wrong)

[PirateJafa]

Also, tell them that they have already accepted liability by approving your claim against them and fixing the motorbike.

Then tell them to sod off. Slightly more politely, of course, but you get the gist.

[supraman_nz]

Even though lane splitting is a grey area - Is the only way to prove it is to say that the way was clear to park a stationary car?

[Squiggles]

Did his insurance co contact him or hers?

[supraman_nz]

not 100% sure on the contact between insurance companys. Id say that the change in story would be due to the other insurance comapny not wanting to pay.

[unrealone]

Mate this should be pretty straight forward considering she has already admitted she is at fault, the insurance have approved the claim and work completed on the bike. She can't change her mind now...

[PirateJafa]

Also, I'd just like to point you at this thread: http://www.kiwibiker.co.nz/forums/sh...+dispute+fault

[Grahameeboy]

not 100% sure on the contact between insurance companys. Id say that the change in story would be due to the other insurance comapny not wanting to pay.

I am happy to draft a letter for you..dealt with Insurance Claims a wee while..now in Broking... Grahameeboy@hotmail.com

[MarkH]

Yesterday - He got a letter from the insurance co. saying that she is now disputing fault. Esentially she is saying that she and i qoute "quickly looked in mirror" and "indicated and moved across lanes at the same time".

Easy answer - ring insurance company and ask them "What the fuck?" She is still admitting to indicating and moving across lanes at the same time - that is illegal and puts her in the wrong. Ask the insurance company why they are even talking to you (well, to your mate) when the other driver is still admitting illegal driving! That illegal lane change is clearly the direct cause of the accident.

[MSTRS:Me]

Easy answer - ring insurance company and ask them "What the fuck?" She is still admitting to indicating and moving across lanes at the same time - that is illegal and puts her in the wrong. Ask the insurance company why they are even talking to you (well, to your mate) when the other driver is still admitting illegal driving! That illegal lane change is clearly the direct cause of the accident.

That is it.
Of course, nothing is said of how the rider was splitting...huge speed differential, on the left side of lane, looking at that hot chick just over there...?

[Katman]

While I personally believe that lane splitting should only be done with the onus of responsibility resting fully on the lane splitter the fact that the claim has been approved means they can't back out of it now.

[Mully]

While I personally believe that lane splitting should only be done with the onus of responsibility resting fully on the lane splitter the fact that the claim has been approved means they can't back out of it now.

Agree completely. Which is why when I filter, I do it like a little pig-tailed girl.

[imdying]

While I personally believe that lane splitting should only be done with the onus of responsibility resting fully on the lane splitter the fact that the claim has been approved means they can't back out of it now.

I agree somewhat, it's not where a cager expects a bike. However, she'd have done the same to a cyclist, and there's no grey area there.

[sleeqe2000]

Its a tough one and it's exactly something like this that has resulted in me cutting down drastically on lane splitting.
I would do it all the way down the Ngaranga Gorge into Welly but have had a couple of scares now where cars have changed lane without indicating.