Legal advice.

[Magua]

On the 1st of October, I was involved in a accident on my bike with a car. While I believe that I am not at fault, the police disagree. They are not wanting to press any charges and deem a warning to be sufficient, however this leaves me with the bill for my insurance excess.

The accident happened on Gilles Avenue 1pm, 1st of October. I had exited the motorway at Gilles Avenue and I was proceeding away from Newmarket in the right hand lane. Approaching a set of traffic lights (a pedestrian crossing outside a school), the traffic came to a halt. As there was no traffic in the opposing lanes, I moved out to overtake some cars, as I was doing this, a driver turned into my path while entering a driveway in an effort to evade the traffic lights (I know this as this was her statement to the police). The diagram below shows this.

I did not see her indicate, nor did my witness (a car driver a few cars back from the accident), if she had been indicating for the required three seconds, I would have seen it. Regardless of this, she clearly failed to check her mirrors and blind spots before crossing the centre line, and as a result I slammed into the side of her car at around 30-40kph.

While I call this overtaking, the police disagree. Never mind what the road code says, there's nothing in there to fault my maneuver that I can see, nor did the police mention anything, probably why they aren't laying a charge against me. In their eyes, it's 'queue jumping' as I was passing stationary traffic. Last I checked, passing on the right was called overtaking.

In the eyes of the police, this matter is closed. I wrote a letter to the infringement bureau (as I was instructed to do by a letter from the officer who gave me the warning), yet as I have not been fined, they can go no further with it as I've only received a warning, thus they have no documentation to carry up my complaint. :P

What other avenues are open to me?

[geoffc]

Go to your local Citizens Advice Bureau. They should be able to tee up free legal advice. Community Law also provide a free service. Best of luck.

[Mully]

Hmm, seems a bit sticky to me.

Looks like mutual fault to me (you shouldn't have been there, but she should have looked & indicated).

Have you spoken to the bint about paying your excess? I presume she has got to pay her own excess?

[AllanB]

Sorry but it looks a bit like a tough-shit-call to me.

I say a 50-50 call on error - your 50% was the 'passing' maneuver, and not being vigilant enough about the possibility of a vehicle pulling out. Her 50% was for not indicating.

Tough break, but it really shows how careful we need to be on the road.

Did the officer mention anything about Safer Communities Working Together?

[Cheshire Cat]

If people dont indicate it IS their fault! you get fined for not indicating at a roundabout for godsakes!!!


I was knocked off my bike on the 23rd of october by this dude in a surf doing a U-turn.

Was it his wife who knocked you off? lol bloody well sounds like it!

[marty]

your diagram would tend to show you have some fault. even though this is dated 01 November, i believe it was the same in the revoked legislation.


Land Transport (Road User) Rule 2004 (SR 2004/427) (as at 01 November 2009)


.7 Passing on right

A driver must not pass or attempt to pass on the right of another vehicle moving in the same direction when—

(a) approaching or crossing an intersection unless—

(i) the roadway is marked in lanes and the driver can make the movement without the driver's vehicle encroaching on a lane available for opposing traffic; or

(ii) in any other case, the driver can make the movement with safety and with due consideration for users of the intersecting road; or

[marty]

Or even worse:

10 Passing at school crossing point or pedestrian crossings.

A driver must not pass or attempt to pass a vehicle that has stopped or slowed down at a school crossing point or pedestrian crossing in order to comply with clause 3.9 or subclause 10.1(1).

[Magua]

Or even worse:

10 Passing at school crossing point or pedestrian crossings.

A driver must not pass or attempt to pass a vehicle that has stopped or slowed down at a school crossing point or pedestrian crossing in order to comply with clause 3.9 or subclause 10.1(1).

I did see this in the road code, however the diagram provided shows a car passing another car at the crossing. I was well back from the crossing, so I don't think this would apply, a grey area perhaps.

I'm not sure if the first rule counts, as it wasn't technically an intersection as they seem to have defined it, as intersecting roads, in any other case, the driver can make the movement with safety and with due consideration for users of the intersecting road; or.

[Bass]

It's a bloody long time ago, but when I got my licence, overtaking traffic stopped at a pedestrian crossing was a no no

[CookMySock]

Land Transport (Road User) Rule 2004 (SR 2004/427) (as at 01 November 2009)

.7 Passing on right

A driver must not pass or attempt to pass on the right of another vehicle moving in the same direction when—

(a) approaching or crossing an intersection unless—

(i) the roadway is marked in lanes and the driver can make the movement without the driver's vehicle encroaching on a lane available for opposing traffic; or

(ii) in any other case, the driver can make the movement with safety and with due consideration for users of the intersecting road; or[/I]

Whoaaaa, is this the end of filtering to the front at traffic lights?

Steve

[Winston001]

Thank your lucky stars you were only warned. I can't imagine lawfully passing on a pedestrian crossing.

As for the insurance excess, you can lodge a claim against the car driver in the Disputes Tribunal. Simple cheap and easy. The odds in the Tribunal are 50/50 even in good cases but thats your answer.

[Ixion]

Whoaaaa, is this the end of filtering to the front at traffic lights?

Steve

No. see sub-sub-clause (1)

[Ixion]

Thank your lucky stars you were only warned. I can't imagine lawfully passing on a pedestrian crossing.

..

But he wasn't

[Mom]

What other avenues are open to me?

I am assuming you have the drivers details?

This is one of those things, the cops are not penalising either of you so there is no official blame being laid. Insurance will no doubt come to the same conclusion. One option is to take the driver to small claims court and ask for the excess to be paid. You get to put your point of view and they get to put theirs. Then an adjudicator makes a decision. Having had a bit of experience in these things you will be lucky to get half your premium awarded to you. Only one small problem with that.

The car driver will be in the same boat, they will also have to pay an excess to insurance for repairs. They may counter claim. Be aware that this could cost you more than the excess on your insurance. Bugger!

Only other thing you might want to consider is not filtering up the outside in a situation like that? Perhaps up the middle would have been a better option?

[Magua]

Only other thing you might want to consider is not filtering up the outside in a situation like that? Perhaps up the middle would have been a better option?

Hindsight's a wonderful thing.