In the last 8 months of riding, I've been fairly lucky in the way that I haven't had any close encounters with other drivers that ended up with me off the bike...
Until.... today...
I was riding home from airport (where I study at massey) today for those of you that know the area, along milson line. like I usually do, I pass the cars sitting at the traffic lights and as I get to the front of the que (besides the first car at the lights,) the light turns green. So I get infront of the que and go along my way until this idiotic van from a road on the left (with giveway sign) turns right onto my road going the other way, of course, the van pulled out right in front of me and for some reason seemed to stop in the middle of my side of the road (he was turning right onto my road but going the other way so if he kept on going he would have been on the other side of the road if u know what I mean)
anyhow, so I ended up going right into him, with both my wheels locked (wet road and I sorta panicked) but then I only had about 5 - 10 m to try and slow down as much as I can before ending up splat on the side of the van. Luckly I came out with only badly swallon and sprained right hand and nothing else thanks to all my gear but my bike didn't fair as well but lucky it was only about 20-30m from the lights so I was only doing 30km/hr or so I think
the stupid part is this... I was taken away in an ambo (thumbs up to everyone there who were all really helpful when I was really shaken up and couldn't think straight) and from what I hear theturned up and questioned a few people. After which they came to the hospital to ask me a few questions. I told them that the van pulled out in front of me and I had no time to stop and that just prior to that, that I had over took the traffic stopped at the lights and got on the front of the que as the light turned green as I got to the front.
after a few hours I rang them at home to see what's happening and they advised me that because I over took at the lights illegally that they'll be sending me a ticket in the post, and because of that that they've found that the van driver and I were both at fault. Now, I'm thinking this is bollocks, so I ask how they figure then they tell me that they interviewed the driver at the front of the lights and he said that he had crossed the line first before I got infront of him and thus I actually overtook him "in" the intersection. Of course I believe that we both crossed the line into the intersection at the same time at the worst or that I was in front of him anyway. His argument was that because I was overtaking the cars on the intersection I was where the van driver did not expect to see me (though well well before the van driver pulled out I was well clear of all the traffic and driving in the middle of lane as normal.
two issues here
1. Even if I was overtaking illegally, I don't see how that puts me at "fault" for the accident as the van driver still failed to give way and I was driving normally before the van pulled out infront of me,
2, I didn't actually overtake illegally, them thinking that I did so is based on the sole statement from some stupid driver who were probably annoyed by bikes passing him all the time when he's stuck in traffic.
now this wouldn't be such a big deal except that if they say I'm at fault as well, I will have to pay my insurance company for the excess (which is upwards of $500) and I will have to pay for new helmet etc myself also I'll lose my %40 no claims bonus which with all the vehicles I have ensured cost me about $1000 every year.
Now I see two options,
1, Talk to theagain tomorrow when my head is clearer and try to reason with them
2, Pay a lawyer and go in guns bkazing (figuratively of course) with a lawyer
what are your thoughts?
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