Well... It finally happened...

[Meekey_Mouse]

I won't even try to understand all the technical stuff :P but glad to hear your ok

[bobsmith]

Here is a diagram for those who couldn't understand what I was trying to describe. for reference the distance frm the lights to the intersection the van came out of is probably about 25-30m

Ixion. I know what you're saying. In hindsight, I do believe the van was way too close to me when it pulled out in front for me to go around (ie go into the road) it was a wet day as well. but even if it was far enough I don't know if I would have thought to do it. will remember for the future thanks!

when the van pulled out and hit me. I was well clear of the traffic and in the middle of my lane (well slightly to the right on the right wheel track of cars where I usually ride)

[SARGE]

see?... good insurance is mandatory ...you just never know .. and that 27% premium isnt looking so overpriced now .. is it?

[bobsmith]

I'm not following you sarge, I have full cover on my bike and paying 450 a year that would make it just under 10% premium (since it's insured for 5000)

perhaps you've mistaken me with someone else?

Well my premium is about to go up big time unless I get this sorted out right.

[Finn]

Sorry Bob, but your incident was avoidable. 10 meters is plenty of time to stop doing 30 k's even in wet conditions. As Ixion said, you could have tried avoiding the van by going behind it. Also, you should have seen the van starting to pull out well in advance if you were aware.

You did what most newbies do and slam on the anchors.

[McJim]

Dependant on the distance between the traffic lights and the Van junction a good lawyer may be able to conclusively argue that the two infringments are un connected - this means you still get a ticket for overtaking in a junction but then the blame for the collision will fall 100% on the shoulders of the van driver.

I commute 26km through Auckland every day, I've spent 20 years commuting through major cities on a push bike...I automatically ASSUME all cars in side street WILL pull in front of me.

This has saved me from incident in the cage funnily enough - I have had a few occasions where I've had to swerve and hit the gas for traction in the car to avoid a collision where braking would have caused a lot of damage.

Glad you're alright though - maybe the cops are pulling your leg for all the grief you've given them in this forum?

[R6_kid:Me]

Filtering past stationary cars is not illegal if you are between two lanes in the same direction.

In situations like this its always best to let your head clear before making a statement, as you need know what you have to say so that your side is given across clearly and without misunderstanding.

10m is a long way to stop from 30kmh, when you get back on your bike find a decent sized carpark/quiet road and accelerate up to 50kmh constant and practice heavy braking without locking up. We've got courses in Auckland that help you with these skills but not sure what there is down your way.

Bad luck mate, tell the Police that regardless of you being at the front of the traffic the other guy still caused the accident. Sounds like what they are saying is that you caused the accident simply because you were there.

[ManDownUnder]

I wish it was only a matter of $500 bucks, then the cost of hiring a lawyer I would not be able to justify. But it's going to cost me several throusand dollars over the next few years in the increased insurance premium etc (I have a 40% no claims bonus)

Mate - if you're really not at fault it's your #1 priority to prove it, to the satisfaction of the Police.

Despite what others have said, contact the cops first, personally. No guns blasing, just ask that your side of the story be listened to, for the record. Put your side of that same story on the insurance claim, because if it's the other guy's fault you should not lose your no claims bonus etc. The other party will have to pay.

Good luck

Edit - looking at that doagram, I see what you mean. And if the cars were stationary at the lights you're sweet. A stationary car is technically parked, a rule used by many of use to split to the front of a que at the lights. You also took off from the lights on the RHS of the car - perfectly legal, and at worst (i.e. the car is moving) you over took it on the right... again 100% legal.

I looks like the age old problem of a motorcyclist having their speed underestimated by a vehicle that pulled out in fron of them.

The only concern I would have (i.e. a point to clarify) is your position on the road at the lights. I'm not sure how things are viewed by the Police if you are deemed to be passing a car while going through lights/a controlled intersection. I can't recall the rules etc but I think that one's a no no. Make a point of emphasising the car was staionary when you left the lights (i.e. you passed on the RHS, and the car was stopped.... i.e. that "parked" technicality is in play.

Hope that makes sense.
MDU

[Motig]

Best of luck,but you might have used all your luck in surviving relatively unscathed in the crash tho. I'm thinking that the opposition lawyer/police/your insurance will take your statement of overtaking the cars as an admission you were speeding and shoot you down with it. Still no harm in trying.

[ManDownUnder]

Best of luck,but you might have used all your luck in surviving relatively unscathed in the crash tho. I'm thinking that the opposition lawyer/police/your insurance will take your statement of overtaking the cars as an admission you were speeding and shoot you down with it. Still no harm in trying.

Get them to examine the damage to the bike and van... should be possible to get a reasonable indication of speed

[Ixion]

Useful hint to novices. Watch the FRONT WHEEL of cars waiting in side streets etc. You will detect movement of the wheel long before you register that the car itself is moving. I always like to do a little leftward swerve in the direction of a car waiting at a giveway/stop sign intersection, as I approach (a) it draws their attention to you (b) it seems to intimidate them a bit (c) it positions you better to duck behind them if they do pull out in front of you

On a powerful bike you can sometime sbe better to go round in front of them, but this is a bit riskier, and not recommended on a 250. Not a matter of power as such, but of torque, takes too long to change down

[Motu]

Yeah,actualy aiming at them wakes them up,I use that tactic a lot if I don't trust them....just to reafirm to them that you are there.30kph is pretty slow,you won't even lock your brakes at that speed....correction,I won't even lock my brakes at that speed....

[Str8 Jacket]

lol at Motu!

I find that I lift my visor and look at the driver, if they fail to make eye contact or even look at all then I usually begin to brake and get ready for them to pull out. When they do pull out in front of me ive usually stopped by then and I give my air horns a big blast. Made an old guy actually stop roll down his window and apologise one day. He hadnt seen me, but he'd heard me! Poor old fart....

[Finn]

Useful hint to novices. Watch the FRONT WHEEL of cars waiting in side streets etc. You will detect movement of the wheel long before you register that the car itself is moving.

Adopting the theory of target fixation, Bob would have then hit the front wheel.

[bobsmith]

Yeah, I revisited the place to get a grip of what happened and how things were...

It seems like that I must have been doing more like 40-50km/hr and the distance between lights and where the van pulled out is more like 20m. which just reaffirms me that I clearly didn't pass the car IN the intersection as if I did the car behind would have been very very close to me when I hit the van... I'm just waiting the police officers to come on duty so I can ring them up and talk to them again.,