I just had a crash! Help me figure out my options!

**Westy_mate** · 15th September 2010, 09:19

So yesterday i had a pretty nasty crash... But they're saying im liable!

Heres what happened....

I was on Great north rd traveling on a two laned road on the Right hand lane. There is two solid yellow lines and the person in front of me began breaking (unsafely in my opinion) to pull into their drive on the other side of the road and i couldn't stop in time. they didn't start indicating till they were stopped and i clipped the back right end of the car smashing the light and bailing to the other side of the road where my bike hit an oncoming car and flew over the bonnet...

I cant really remember much from that morning.. and i haven't given my statement yet but at this point im the one to blame and i was hoping you guys could give me some feedback? i cant afford my 1000 dollar excess AND fix my bike

any help appreciated!

Dane

**Marmoot** · 15th September 2010, 09:35

If you have an insurance, file your claim and admit no liability. The insurance would help you sort it out.

If not, by default (exceptional circumstances notwithstanding) you most likely to be at fault for failing to keep safe following distance.

Safe following distance is determined as a distance where you should be able to stop safely in the event something happens to the vehicle in front of you (blown tyre, sudden braking due to a pedestrian crossing unexpectedly, sudden braking due to him/her being cut off by other vehicle, etc), and is commonly valued at 2-seconds in good road condition and 4-seconds in bad road conditions.

Granted if there is an exceptional circumstances then the above may be disregarded. For example, the vehicle in front suddenly reversed, the vehicle in front had a high speed head-on collision sending it backwards, you get shunted by vehicle behind you.

I'm sorry for the bad news. I hope it works out for you.

P.S.
When you are following other vehicle, it would be prudent to keep in mind "can I realistically stop safely if the vehicle in front had to stop suddenly?", taking into account your riding/braking skill, your bike condition, the other vehicle's condition, and how close the vehicle behind you is.

**kiwifruit** · 15th September 2010, 09:36

You are liable. Time for a push bike?

**Waxxa** · 15th September 2010, 09:36

The insurance company will repair the bike to the order it was in before the accident.

A $1000 excess?

**Grubber** · 15th September 2010, 09:47

Ok without getting into a long winded explanation here and going on and on as to the legal aspects of this case and the whys wherefores and what should i have dones.......basically you're pretty well fucked!

**dogsnbikes** · 15th September 2010, 09:51

As they say its a learning curve,can you bake cakes?be a good time for a cake stall....

**avgas** · 15th September 2010, 09:51

Originally Posted by Waxxa

A $1000 excess?

Tis pretty reasonable.
I remember when I had my RG150. $2300 bike, $1400 excess.......

Ah to be young again.

Sorry westie, your fucked. Not only are you suppose to be able to stop in time, your suppose to not go into the other side of the road.
Double penetration.

**imdying** · 15th September 2010, 09:58

Originally Posted by Westy_mate

So yesterday i had a pretty nasty crash... But they're saying im liable!

Generally when you crash into the back of somebody you are held liable.

Don't be fool, follow the two second rule.

**marty** · 15th September 2010, 09:59

I'm picking it's only insured 3rd party.

Sounds like you're at fault. Even though them slowing to turn across double yellows may not have been the best idea, they could have been slowing for any reason (dogs/kids/some rubbish on the road/they just broke down)

Lucky your bike didn't hit/injure/kill anyone as it crossed the road

**Str8 Jacket** · 15th September 2010, 10:32

Buggar dude but I am sure you know that there are way to many eratic drivers out there so we just have to be prepared to stop ASAP at any given time!!

IMO - You ran into someone from behind so there fore you are liable. Surely you noticed that they had started to drop their speed? Or are you saying that they just went from 50kph (or whatever) to 0kph in a second?

**Westy_mate** · 15th September 2010, 14:34

The dude litterally slammed his brakes on... i only went to the other side of the rd to avoid a direct impact and even then i wasnt on the bike on the otherside of the rd i was flying haha. yeah i only have 3rd party and i dont think the damage will exceed 1000 anyway so yeah.. will see what happens. im more worried about fixing my bike.. Damn thing is gnna cost a fortune.

**Gibbo89** · 15th September 2010, 14:41

Originally Posted by Westy_mate

The dude litterally slammed his brakes on... i only went to the other side of the rd to avoid a direct impact and even then i wasnt on the bike on the otherside of the rd i was flying haha. yeah i only have 3rd party and i dont think the damage will exceed 1000 anyway so yeah.. will see what happens. im more worried about fixing my bike.. Damn thing is gnna cost a fortune.

i assume your a young fella on your 250? a $1000 excess is a bit steep eh. im 20 on my learners and fully insured with an excess of $200. food for thought when you insure a bike next time.

hope it works out ok for you.

**marty** · 15th September 2010, 14:51

Originally Posted by Str8 Jacket

Buggar dude but I am sure you know that there are way to many eratic drivers out there so we just have to be prepared to stop ASAP at any given time!!

IMO - You ran into someone from behind so there fore you are liable. Surely you noticed that they had started to drop their speed? Or are you saying that they just went from 50kph (or whatever) to 0kph in a second?

Skiddie's back?

**Eyegasm** · 15th September 2010, 15:01

Originally Posted by Gibbo89

i assume your a young fella on your 250? a $1000 excess is a bit steep eh. im 20 on my learners and fully insured with an excess of $200. food for thought when you insure a bike next time.

hope it works out ok for you.

Who are you insured with?

Most insurance companies I enquired with had a standard excess around $200-250 then additional excesses on top of that, Learner $250 Under 25 years $250 etc

So for you it would be $750 total excess (Standard + L + Age)

Keen to know as I have a $500 excess.

Eyegasm

**Westy_mate** · 15th September 2010, 15:14

I will contact my Insurance company over the next couple of days. im pretty beat up and will rest first. Is there anyway i can ask for or read the two witnesses accounts? because i still cant remember what happened and im still looking for a way out of this mess. Anyone know any places that do Fairings and painting? thanks for the input guys

really helped

Dane