Bike vs Car: what are my rights?

**Drogen Omen** · 18th August 2009, 18:21

so here's what happened Thursday 30 July.

Me -> traveling south bound on motorway

Levin -> turning right at the Belmont Domain across 2 lanes about 40 meters north of the Avalon lights.

Levin squeezes in to 1st lane causing the traffic to build up in the fast lane then has to wait for bus to go past him on 2nd I come down between the traffic at bout 25 - 30km's. The Levin's front right hand side suddenly pops out in front of me, no time to react as it clips my tank I ripped out his right head light as i go down.

We exchange details, I find out the Levin guy is un-insured, I call my insurance straight away and as I'm on the cellphone he takes off south bound down the motorway, as I sit there with on the side of the motorway I think to my self if this guy didn't hit me was he going to do a U-turn on the motorway???

Insurance blames him completely for the accident as he was in the wrong for forcing his way across 2 lanes of motorway traffic. even though there is no stop sign or give way sign at the crossing he still should have waited as long as it took for the traffic to break for him to cross.

$8000 worth of damage to my bike, insurance has already started repairs on it at Welly motorcycles.

I get a a call from my insurance today saying that he is not taking responsibility for causing the accident saying that it was my fault for traveling down in between the traffic.

So i have to fill out some forms and draw a diagram of how i saw things happening.

Ok so here is the question...

Is his illegal act of not giving way and pushing across 2 lanes of motorway traffic worse than my illegal act of lane splitting...???

Your thoughts and any advice would be much appreciated.

**Taz** · 18th August 2009, 18:27

Just my uneducated opinion but I feel you were in the wrong here.......
Sorry.

**Leyton** · 18th August 2009, 18:30

Oh thats a tricky one dude.

Legaly I see he failed to giveway from your diagram.

My understanding is lane splitting is not ilegal as long as you indicate your passing manover... but that again.. is hard. Because an indication implys a lane change.. and thats not what splitting is :P

Yet its not ilegal in the road code.. atleast that was my interpretation.

In either circumstance, he failed to give way. My thoughts anyway.

If I was Mr Police man(Sorry I ment person), in this case I would suggest a careless driving charge for you, and failing to give way for the other joker.

Leyton

**JayRacer37** · 18th August 2009, 18:36

Lane splitting is 100% legal IF both lanes of traffic you are splitting is stationary and you are travelling at a 'safe' speed. If he hit you (In the tank (ie mid of bike) with his front end (r/h headlight)) then he hit you doing an illegal turn, while you were legal...if both lanes were stationary. I'm guessing the righthand one he was blocking was...howabouts the left?

**duckonin** · 18th August 2009, 18:38

Originally Posted by Drogen Omen

so here's what happened Thursday 30 July.

Me -> traveling south bound on motorway

Levin -> turning right at the Belmont Domain across 2 lanes about 40 meters north of the Avalon lights.

Levin squeezes in to 1st lane causing the traffic to build up in the fast lane then has to wait for bus to go past him on 2nd I come down between the traffic at bout 25 - 30km's. The Levin's front right hand side suddenly pops out in front of me, no time to react as it clips my tank I ripped out his right head light as i go down.

We exchange details, I find out the Levin guy is un-insured, I call my insurance straight away and as I'm on the cellphone he takes off south bound down the motorway, as I sit there with on the side of the motorway I think to my self if this guy didn't hit me was he going to do a U-turn on the motorway???

Insurance blames him completely for the accident as he was in the wrong for forcing his way across 2 lanes of motorway traffic. even though there is no stop sign or give way sign at the crossing he still should have waited as long as it took for the traffic to break for him to cross.

$8000 worth of damage to my bike, insurance has already started repairs on it at Welly motorcycles.

I get a a call from my insurance today saying that he is not taking responsibility for causing the accident saying that it was my fault for traveling down in between the traffic.

So i have to fill out some forms and draw a diagram of how i saw things happening.

Ok so here is the question...

Is his illegal act of not giving way and pushing across 2 lanes of motorway traffic worse than my illegal act of lane splitting...???

Your thoughts and any advice would be much appreciated.

Seems like sorry, we all take risks....

**p.dath** · 18th August 2009, 18:55

I think he was in the wrong. I think there is at least a 50% change you were in the wrong as well (you can both be in the wrong - two wrongs don't make a right hahaha).

So I think you are probably both at fault.

**BMWST?** · 18th August 2009, 18:59

was the other traffic stopped?Ie the traffic slows pretty much to acrawl there doesnt it?So the other traffic stopped tp let him through,and you were splitting so he didnt see you till the last second(if at all in a little lowish car) 50 50 call i d say...

**scracha** · 18th August 2009, 19:01

Any witnesses? No1 rule after an accident is to get the name or at least rego plate of surrounding vehicles. Plenty uninsured lying wee bastards out there. If no witnesses, why admit to splitting? Evidence shows he clearly hit you.

**bogan** · 18th August 2009, 19:23

from your drawing it looks like the bus was gonna mess his shit up anyway. He was obviously in the wrong, splitting is usually fine I hear, but there probly a technicality lurking in there somewhere that may get you.

**Drogen Omen** · 18th August 2009, 19:31

Originally Posted by scracha

Any witnesses? No1 rule after an accident is to get the name or at least rego plate of surrounding vehicles. Plenty uninsured lying wee bastards out there. If no witnesses, why admit to splitting? Evidence shows he clearly hit you.

Yeah called a witness today and he said from his perspective the guy in the car was at fault. So have given his details to the insurance company to contact him to get his version of events.

Originally Posted by bogan

from your drawing it looks like the bus was gonna mess his shit up anyway. He was obviously in the wrong, splitting is usually fine I hear, but there probly a technicality lurking in there somewhere that may get you.

yeah he would have had to wait for the bus to pass before being able to make it across the other lane. and thats what the witness said also.

**StoneY** · 18th August 2009, 19:32

Well, I have had a ticket for lane splitting. Cop said was illegal- fines been paid- charge was 'undertaking within lane' word for word

But this car is more in the wrong, my opinion. Careful how you explain your 'lane change'

**Mully** · 18th August 2009, 19:37

Originally Posted by Drogen Omen

Yeah called a witness today and he said from his perspective the guy in the car was at fault. So have given his details to the insurance company to contact him to get his version of events.

That's excellent news.

My understanding (limted though it is) is that the onus in on him to give way to all traffic coming straight through.

Let the insurance company kick his arse.

EDIT: And that witness was in an excellent position for you.

**mattian** · 18th August 2009, 19:50

You were travelling straight ahead.... he was changing lanes and hit you. Seems like an open and shut case in your favour to me. Would be interesting to see how it plays out please keep us updated. The fact that he fled the scene also implicates his guilt. I believe the law is on your side in this one.

**discotex** · 18th August 2009, 20:14

If you were splitting your first lesson would be that you should expect someone to be turning across your path to get into that intersection.

The biggest piece of advice (from personal experience) I can give anyone in a cage vs bike situation is to get the police involved - you were injured (you will be bruised at a minimum) so you should report the accident to the police immediately.

They can then look at the scene, your scrape marks etc and make a call as to who is at fault. The insurance companies use this as gospel for your claim.

**MaxB** · 18th August 2009, 20:24

Originally Posted by discotex

If you were splitting your first lesson would be that you should expect someone to be turning across your path to get into that intersection.

The biggest piece of advice (from personal experience) I can give anyone in a cage vs bike situation is to get the police involved - you were injured (you will be bruised at a minimum) so you should report the accident to the police immediately.

They can then look at the scene, your scrape marks etc and make a call as to who is at fault. The insurance companies use this as gospel for your claim.

Plus it is amazing how many lying shit bags suddenly get their memory back once the police are called.